During my two-week vacation trip to Australia, which I blogged about in the Honolulu Star-Advertiser (click for link) and my Career Changers TV-related site, Squashed Gecko, I received two emails that show beach access is still a confusing problem in Hawaii.
The first email came from June Watanabe, the long-time Kokua Line columnist for the daily newspaper here:
Someone sent me a question about beach access, as follows: Is there a way to find a map or list of all the beach access sites on Oahu or at least the North Shore? I recently was going to check out a fishing site I've been to a couple of years ago and found that the path I used before was blocked and had a sign that basically said that it was private property and not to trespass. This path is in between two homes with fences on each side; so, I found it hard to believe that it was not a public beach access point especially since there weren't any access points due to all the homes on this street.
I've asked the city Department of Planning and Permitting if it has anything but haven't yet gotten a response. However, I recall someone saying a few years ago that there was no such map or information.
The answer is yes, there has to be a list because the city/county unveiled a 911 emergency locator sign system a couple of years ago that was linked to the 80-some public beach rights of way on Oahu. Each sign was posted near the access with an assigned number. I'm also sure the Dept. of Land and Natural Resources has a map of the public accesses as well.
However, June tried contacting both the county and state to get the official info from them... and all she got was a runaround. A month later, she's still waiting for answers. Welcome to the world of government bureaucracy and inefficiency! I've said repeatedly the main problem is the split jurisdiction of shoreline management between the state and the counties, which uses the high water mark (or vegetation line -- it's confusing) as the line of demarcation. So neither takes responsibility for providing info to the public on things like beach access.
I also suggested June contact NOAA because I knew they have been working on a project to survey and catalog the public shoreline access points throughout Oahu. Ostensibly, it was meant to be a tool for fishermen and boaters, I believe. But they soon realized that others could benefit from their project since no such map was readily available to the general public. June says NOAA is nearing completion and will let us know when that survey and map are posted online.
As to the reader's question about the path being between two homes with fences on both sides and no other access points on that street... well, THAT is the problem throughout the islands! What he encountered is hardly new or unusual. Usually, that strip is an easement on "private" property owned by an association or the people who are flanking that piece of land. It can even connect with a public street and still be considered "private" property.
The other email I received while I was Down Under came from Scott Werny, former co-chair of the Oahu Surfrider Foundation, who was instrumental in launching Beach Access Hawaii as well. He forwarded this message and asked if I could clarify the situation:
Aloha,
This morning my family and I were told to move from the area of the beach by a Turtle Bay employee. He claimed it was "the law" and when asked if it was a public beach, he stated only to the water mark. I escalated the issue to clarify where the water mark was & where the public beach began. So far the water line is vague. It would seem logical that if Turtle Bay makes people move, they should clearly point to where the public area is.
Reviewing the Hawaii Supreme Court 2006 decision, it appears the vegetation line (more mauka) is preferred over competing debris line. This point was not acknowledged, and a 2001 date was referred to by the security director. 2001 predates the 2006 decision, and would be void.
All I'm really trying to determine is where the public has a right to be without being hassled. Would you know who I should contact?
Sincerely,
Jeanne Roberts
First, it really sucks a Turtle Bay Resort employee would ask them to leave unless they were bothering someone. Not good PR. Technically, he was wrong anyway. It's not the visible water mark, as far as I know. It's based on the high water line I believe. Regardless, the bottom line is Hawaii's beaches are open to the public... however, he could have challenged them on access to that beach if they had to cross private property to reach it.
My advice to Jeanne and others in the North Shore area who encounter this kind of attitude at Turtle Bay is to tell others of their negative experiences at the resort, and spread negative publicity about the Turtle Bay Resort. Hurt them in the wallet and they might try to be a little nicer to local folks!
