Posted by: lokahipath | June 30, 2011

Birth Control for Cat Man’s Cats!!!

The Kauai County Council has passed a Resolution(in June 2011) addressing Kauai’s feral cat population, which is out of control.

Apparently, USFWS doesn’t like this resolution.  We agree it is not appropriate to relocate cats everywhere on this island.

“By adopting this program it will be counterproductive to protect our endangered species,” said Michael Mitchell, United States Fish and Wildlife Service Deputy Project Manager for the Kaua‘i Refuge Complex.

Mitchell said a much cheaper and more successful program would be to trap and remove the cats.

We support the spaying and neutering of homeless cats, we DO NOT support the release of feral cats to wild lands that support endangered, threatened and protected species like Hawaiian monk seals, green sea turtles, Laysan albatross and wedgetailed shearwaters.

We agree with USFWS:

Scientists, she said, estimate that free-roaming cats kill hundreds of millions of birds, small mammals, reptiles and amphibians each year.

“I fight every single day to save the last shearwaters, and these cats are eating them, these cats are killing them,” said Kaaumoana, adding that she spends a lot of time on litigation and mitigation. “And I have cats.”

The Kaua‘i Refuge Complex consists of three refuges, according to Mitchell. The refuges include 140 acres in Hule‘ia, 117 acres in Hanalei and 202 acres in Kilauea.

Mitchell, who is also a biologist, said that between mid-2008 and mid-2009 his staff trapped 95 feral cats from the three wildlife refuges combined. He said some studies estimate feral cats eat one bird a day, which would translate to 28,500 birds killed by those 95 cats in 300 days.

Many of the cats necropsied, or autopsied, by the USFW staff, Mitchell said, had native birds inside their stomach.

“Placing those animals back in the wild is a really bad idea,” said Mitchell, adding that even a well-managed colony, where cats are fed everyday, will harbor predators, because cats will still hunt due to their nature.

A Big Island radio-tracking study showed that male cats can range up to eight square miles, and females up to three square miles, according to Mitchell, who said the range could be even larger if there is not enough prey in the area.

Lepeuli is not an appropriate place to release spayed cats. They need to be removed from Lepeuli, not returned. This is absurd!!! and constitutes “harassment”: of protected species.Signs are posted for dogs, but not cats. Domestic, disease carrying predators are not appropriate for relocation to endangered species habitats.

Lepeuli has has an “unauthorized” permanent resident for over 15 years -the Cat Man. He supports a population of several dozen cats in coastal Lepeuli.The Cat Man generates a huge rubbish problem and complex social issues, but the County of Kauai SHOULD NOT encourage and enable his cat population to impact protected species at Lepeuli.

When USFWS Wildlife Biologist Brenda Zaun was stationed at the Kilauea Lighthouse, there was a trapping and relocation program of these cats. Now we are allowing his cattery to exist (some spayed and released).

Who is responsible for the potential “Take” of protected species?
The Cat Man?
The County of Kauai who re-releases the cats to Lepeuli?
Waioli for allowing the Cat Man to raise cats and rubbish at Lepeuli for 15 years?
Paradise Ranch, who attempts to control camping and cats with cows?

NOAA is considering expanding the Critical Habitat for Hawaiian Monk Seals to 5 meters mauka of the shoreline. Cats’ toxoplasmosis is lethal to Hawaiian monk seals. Why are we relocating cats to one of the most critical Hawaiian Monk seal pupping areas?

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Posted by: lokahipath | June 29, 2011

Planning Commission Defers Any Action on Lepeuli Request!

The Kauai County Planning Commission deferred action on the Lepeuli fencing situation. An “11th Hour” Letter to the Planning Department was received from DLNR Chairperson William Aila, Jr. which states:

Please be advised that Ms. Rowland’s memorandum dated September 9, 2011 (NOTE: date should read September 9, 2009. – Ed.) (copy attached) does not represent the Department of Land and Natural Resources’ position as to ownership of trails and roads over registered land. The memorandum does not accurately reflect the Department of the Attorney General’s analysis of applicable law.

As to the agenda item referenced above, DLNR and Na Ala Hele have not approved the current location of the fence as apparently required by the permit.

Chairperson Aila’s letter is available here:2011 June 27 Aila to Planning Director

The conditions of SMA Minor Permit have not been met. DLNR has not approved the current location of the fence. The final map with the ERRATA blocking Public Access on Lot 4 has not been presented yet. How could DLNR approve a fence location when the maps keep changing? How can an applicant decide that county imposed permit conditions are moot?

In today/s The Garden Island, reporter Leo Azambuja wrote of the Planning Commission meeting held Tuesday June 28:

The planning director had prepared an eight-page report and recommendations as an answer to Spacer’s request for the commission to revoke the fence permit that it issued to land lessee and Paradise Ranch owner Bruce Laymon on Sept. 1, 2009.

“Given an evaluation of the petitioner’s allegations, the director recommends to the commission to decline issuing an order to show cause on the ground there is no reasonable cause to believe there is a failure to perform according to the conditions imposed in Special Management Area minor permit,” Dahilig said in the report signed June 20.

But Monday the department received a letter “at the 11th hour” from the DLNR concerning the Lepe‘uli trail, Dahilig said in a letter addressed to the commission.

In the letter, signed by DLNR Chair William Aila and Deputy Attorneys General Donna Kalama and William Wynhoff, the DLNR states that a memorandum dated Sept. 9, 2009 from Na Ala Hele, Hawai‘i trail and access system, does not represent the DLNR’s position as to ownership of trails and roads over registered land, nor the Department of the Attorney General’s analysis of applicable law.

As to the county SMA permit given to Paradise Ranch to build the fence, “DLNR and Na Ala Hele have not approved the current location of the fence as apparently required by the permit.”

The letter apparently lighted the ire of the planning director.

Dahilig called it unfortunate that the state waited until “the last minute” before the commission’s meeting to provide the letter.

“It is frankly disruptive to county business especially in light of previous comments provided by DLNR that the county has relied upon, and their desire to flip-flop on comments they provide to our department,” Dahilig said in the letter.

Dahilig said he had concerns over the reliability of any correspondence from DLNR, and the county would be consulting with its attorneys about appropriate measures to protect its interests and reliance on correspondence from DLNR.

Dahilig said that, in light of the statements made by Aila and the deputy attorney general, he was requesting the commission to defer any action on his report.

Read more: http://thegardenisland.com/news/local/article_8f6be068-a21e-11e0-935e-001cc4c002e0.html#ixzz1QhcPekS1

Interim Planning Director’s Report on Lepeuli is available here Dahilig Report

Waioli Corporation Don Wilson has expressed interest in finally discussing the closure of the ancient coastal Alaloa with the community at next week’s Kilauea Neighborhood Association meeting, to be held next Tuesday July 5th at the Kilauea Neighborhood Center at 7 pm. Please let your mana`o be known.

Posted by: lokahipath | June 25, 2011

Planning Department issues Lepeuli Report

Interim Planning Director Michael Dahilig has recently released a Director’s Report on Lepeuli and the petition request of Richard Spacer.  The petition alleges Paradise Ranch violates SMA Conditions  5, 6. & 7.

5. Fence shall not block public access to beach (across Lot 4, TMK 5-1-3:21, the County-owned Right-Of-Way)..

6. Location of fence is subject to approval by DLNR and Na Ala Hele to ensure public access along the lateral trail (Alaloa).

7. Prior to building, all agency concerns have been resolved.

Interim Planning Director Dahilig has found the proposed fenceline blocking the County Right of Way an ERRATA and will request Paradise Ranch to resubmit it’s map to reflect current conditions and found this is no cause for revocation.

Mr. Dahilig cites a Na Ala Hele abstractor’s letter of Sept 9, 2009 that the state did not claim  when the property was registered in land court in 1943, the state declines interest in public access on the property. This abstractor has stated her meaning of this letter to be that Na Ala Hele had not claimed  this historic trail, but other agencies might be able to.  The only way the legality could be determined would be in court and she stated she was not a lawyer, but that we (the Public) should get one.

This new fenceline has not been submitted to agencies for comment on the new  location and it’s impacts.  SHPD has not commented.  USFWS comments were  to build Sea-Bird Friendly Fencing, when birds were not present.  A Cattle fence with barbed wire on the top, (deadly to fledgling albatross) has been constructed when birds were present.  Where is the compliance?

Director Dahilig’s report is available here   Dahilig Report

Please attend the Planning Commission Meeting on Tuesday June 28, 9 am.

Lepeuli Access gets hearing
POSTED: 6/24/2011 EDITOR: Juan Wilson
SUBHEAD: After petitioning the Planning Commission in April the Lepeuli (Larsen’s) Beach access will get hearing.

By Richard Spacer on 23 June 2011 –

Image above: Hiker finds Alaloa Trail blocked illegally by cattle fence.at Lepeuli

My petition has the goal of revoking the Special Management Area Permit (SMA Permit) of Paradise Ranch, owned by Bruce Laymon, to do work at Lepeuli.

Specifically, I am asking the Planning Commission to issue Order To Show Cause to Paradise Ranch because I allege Paradise Ranch has constructed illegal fencing across the gradual, lateral trail to Lepeuli (Larsen’s) Beach in direct violation of Condition 6 of the SMA permit, issued by then Planning Director Ian Costa.

Additionally, the fencing is illegal as it is located within 300 feet of the shoreline. The State Land Use Commission states the mauka boundary of the state Conservation District is 300 feet mauka of the shoreline in this part of Kauai. The map of Paradise Ranch private surveyor Hiranaka is inaccurate and incorrectly depicts the fencing as outside the Conservation District, when in fact, it is inside the Conservation District. As Bruce Laymon no longer has a state Conservation District Use Permit to do work within 300 feet of the shoreline, that part of the fencing blocking off the gradual, lateral trail is illegal. The state Department of Land and Natural Resources could fine Bruce Laymon $15,000. per day for each day of this illegal work.

Paradise Ranch, through their attorney Lorna Nishimitsu, lied in order to obtain this SMA permit. I intend to prove this before of the Planning Commission. It is alleged in the application paperwork for the SMA permit that there are no endangered or protected species like albatross, monk seals, or green sea turtles in the subject property, Lepeuli. It is alleged there is no archaeology, yet Dr. David Burney of the National Tropical Botanical Institute surveyed and studied a feature at the north end of the beach which includes paving stones, possibly the foundation of a structure. Dr. Burney estimated the date of the sturcture, based upon radiocarbon dating, to be from 1650-1700 AD. This is pre-European contact, an “ancient” feature.

Because of the existence of this archaeology, the federal funding from the National Resource Conservation Service, part of the US Department of Agriculture, was cut off. The amount originally funded was $73,500. This is our tax dollars that was intended to keep us out of the gradual, lateral trail. Paradise Ranch had originally intended to install fence 110 feet behind the beach, running parallel to the beach, all the way across Lepeuli from the boundary at Kaakaaniu to Waipake, but Paradise Ranch surrendered their state permit to do this in January, as a direct result of pressure from activists like myself, Malama Moloaa, Sierra Club, Surfrider, etc. The Vice President of Waioli Corporation, Charles “Bill” Spitz, told activists in January we had cost them over $40,000. in legal fees.

Additionally, Bruce Laymon has told beach goers, who have a right to be on this PUBLIC beach, various things such as a comment made to a gay couple personally known to me, “This is MY beach, get the f***k out of here”, and to Colorado visitor Dennis Bosio “Next week we are going to have 50 Hawaiians down here and RUN you haoles out of here.” And to me “Next week we are going to have 100 Hawaiians down here. We are going to take back our beach…Richard Spacer!!!!!!!”

On January 19, while installing two fence post/boundary markers, a young lady trying to go to the beach via the gradual, lateral trail was stopped by Bruce Laymon and his crew, and told she would be tresspassing and she had to use the steep trail the county obtained in August 2010 from Waioli Corporation. She asked Bruce Laymon WHY he was installing fencing. He replied “To keep the nudes, gays and hippy campers away from the beach.”
This bigoted and hateful attitude is why the group Kauai Naturists was formed, of which I am the president. Blocking off the gradual, lateral trail will not prevent any of the people mentioned from reaching the beach. It WILL prevent the senior citizens, those with mobility issues, parents with very young children, etc. from reaching the beach.

I urge all who support the cause of public access to beaches that is safe and easy for all to attend the Planning Commission hearing Tuesday, June 28 at 9 AM in room 2A-2B of the Moikeha Building in the Kauai County complex at 4444 Rice Street, Lihue. Mahalo. Following is top part of the meeting agenda.

KAUA’I PLANNING COMMISSION
REGULAR MEETING
Tuesday, June 28, 2011
[9;00 A.M.J Lihue Civic Center, Moikeha Building
Meeting Room 2A-2B
4444 Rice Street, Lihue, Kauai, Hawaii
AGENDA
Call to Order
Approval of the Agenda
Receipt of Items for the Record

A. GENERAL BUSINESS MATTERS (For Action)

Item 1. Letter of Transmittal, Status Report and Time Extension request by Katie Davis of
EnviroServices and Training Center LLC for the Department of Transportation, Airport
Division, as required by Condition No. 8 of Special Management Area Use Permit

Item 2. Director’s Report and Recommendations concerning Petitioner Richard Spacer’s April 18, 2011 Request for the Commission to Issue an Order to Show Cause pursuant to Chapter 12 of its Rules of Practice and Procedures (June 20, 2011) re Special Management Area Minor Permit SMA (M)-2009-6, Tax Map Key (4) 5-1-003: 003.

170 Pristine Acres or 20 Separate Parcels $20 Million

REMEMBER  – The Coastal Alaloa segment managed by Na Ala Hele Trail and Access System runs through Moloa`a Bay Ranch.

Moloa`a Bay Ranch For Sale!

Coldwell Banker Bali Hai Realty

Price $20,000,000
Prop Tax.$21,267
MLS#245878
Moloaa Bay Ranch – 170 Pristine Acres now offered in its entirety or as 20 separate parcels.

Enjoy the ever changing ocean vistas from a wealth of choice locations for home sites, or meander down to the laid back sun warmed white sand beach of Moloaa Bay.

A picture perfect 3,000 s.f. Plantation home and 2,400 s.f. shop/garage enhance easy island living. Significant upgrades include a gated entry, paved and graded roads, and electricity.

The water system serviced by a well with 67,500 gallon storage capacity is fully computerized for both the potable and irrigation system.

A scenic drive on the roads that traverse the property enjoys views of a myriad of wildlife, ponds, and a coconut grove.

Take the time to appreciate the sight and sounds of one of the most beautiful and unique places on earth.

Monk Seals Critical Habitat Defined!

The much anticipated proposal from the National Marine Fishery Services to protect shorelines and nearshore waters as habitat critical to the survival of monk seals has been finally released.

Areas in the MHI includes all the terrestrial environment extending 5 m inland (in length) from the shoreline described by the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth or the upper limit of debris and all marine habitat from the waters edge to the 500-m depth contour around the following areas (except those areas indicated as not included for each island): Kaula Island, Niihau, Kauai, Oahu, Mai Nui (including Molokai, Lanai, Maui, and Kahoolawe), and Hawaii.

03-30-11_0648-BA81_Draft HMS Critical Habitat 4(b)(2)

The proposed shoreline protections–called “critical habitat”–are the result of a petition filed by KAHEA and the Center for Biological Diversity, as well as the voices and support of individuals around the islands advocating for monk seal critical habitat.

With a few key exceptions for the Navy and certain bays and harbors, the overwhelming majority of Hawai’i’s shores are on the proposed list for protection from government permits and actions that would destroy them.

DRAFT Biological Report available

05-23-11_0648-BA81_DraftBiologicalReport

This means the U.S. government cannot do things on these beaches — like subsidize a commercial cattle pasture — that would impair the quality of these resources for monk seal survival.

Public hearings will be announced soon and the comment deadline is set for August 31st.

Federal Register available

monk seal fed register

You can email NMFS directly at: http://www.regulations.gov (ref: 0648-BA81).

NOAA proposes expanding monk seal critical sites
June 3, 2011
By AUDREY McAVOY , The Associated Press
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HONOLULU – The National Oceanic and Atmospheric Administration on Thursday proposed expanding federally protected zones – or critical habitat – for the endangered Hawaiian monk seal to include parts of the main Hawaiian Islands.

The federal government defines critical habitat to be places that are essential to the conservation of species listed under the Endangered Species Act.

The Hawaiian monk seal is facing some of the most severe threats to survival of any federally protected animal.

There are fewer than 1,200 of the seals, and the population is declining at a rate of about 4 percent a year. Scientists say the species could become extinct in 50 to 100 years if the trend is not reversed.

Parts of the Northwestern Hawaiian Islands – remote, tiny atolls that are now part of a national marine monument – have been critical habitat for the Hawaiian monk seal since 1986.

The new proposal, which was published in the Federal Register on Thursday, would add beaches and some offshore areas of Niihau, Kauai,

Oahu, Molokai, Kahoolawe, Lanai, Maui and the Big Island to the list of officially protected areas.

More parts of the Northwestern Hawaiian Islands – including another section of Midway Atoll – would also be added. Altogether, 16 areas are being considered.

The move comes in response to a petition filed by environmental groups in 2008.

“This species faces a number of threats, and it’s imperative we ensure they have safe areas where they can rest and take care of their young,” Michael Tosatto, regional administrator of the NOAA Fisheries Pacific Islands Regional Office, said in a statement.

Under the Endangered Species Act, federal agencies must ensure that their actions – as well as actions they fund or authorize – don’t harm the critical habitats of protected species. People and organizations that aren’t funded by the federal government, or those that aren’t operating under federal permits, are not covered by the law.

Expanding monk seal critical habitat would enlarge the area that federal agencies must make sure they don’t harm.

NOAA’s Pacific Islands Regional Office plans to accept public comments on the proposal through Aug. 31. It expects to post dates, times and locations for public hearings on its website.
© Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Agor has no plans to resign

Nathan Eagle – The Garden Island

LIHU‘E — Kaua‘i’s sole member on the state Board of Land and Natural Resources said Monday that he intends to continue serving for the remainder of his term despite receiving a letter from the governor asking for his resignation.

Ron Agor was appointed under Republican Gov. Linda Lingle’s administration seven years ago. His second four-year term on the board expires June 2012.

The Lihu‘e architect said he received a “very polite” letter last week from Democratic Gov. Neil Abercrombie.

“I wasn’t at all shocked by the letter,” Agor said, adding that he did not take offense. “But at first I thought it was just me and I thought, what did I do?”

He said he felt better though after learning 27 other board and commission members were also asked to voluntarily resign.

“I did wish that the governor would have called me in to lay out his plan,” Agor said. “I’m sure we would have the same goals.”

There are several reasons Agor said he wants to finish up his term on the BLNR.

“Besides the projects I have scheduled myself to get done before I leave, I think Gov. Lingle had basically appointed me, really, for the full term. She had confidence in me to do the job. So in honor of my commitment to the governor to serve as her appointee, I’d like to stay on.”

The upcoming projects Agor said he wants to complete within the next year include repairing the Hanalei Pier, installing a welcome booth at Koke‘e State Park and developing a Neighborhood Watch-like program where citizens would “shepherd” areas mauka to makai.

Past projects Agor said he similarly helped facilitate with volunteer groups include fixing the road to Polihale State Park and repairing Kikiaola boat harbor.

Beyond the completion of projects, Agor said he believes the current board and commission system appropriately allows for overlaps into incoming gubernatorial terms.

“The reason is continuity, and it gives another level of checks and balances,” he said.

•Nathan Eagle, managing editor, can be reached at 245-3681 (ext. 227) or neagle@thegardenisland.

com.

Posted by: lokahipath | June 21, 2011

Gov. Abercrombie asks BLNR, LUC, to resign

HONOLULU — Hawai‘i Gov. Neil Abercrombie sought resignations from members of five key state boards and commissions who were appointed by former Gov. Linda Lingle, and he’s leaving his picks in place, his administration confirmed to The Associated Press on Monday.

Abercrombie sent letters last week asking for the voluntary resignations of 28 people who are members of the Aloha Stadium Authority, Public Utilities Commission, Board of Land and Natural Resources, Land Use Commission and Hawai‘i Public Housing Authority.

The governor said he needs collaboration among state agencies so he can achieve his goals for maintaining public housing facilities, developing a statewide vision for sporting events and changing management policies for the state’s limited land resources.

“It’s important that all boards and commissions have the opportunity to have a fresh start, so they can work in alignment with other state agencies and move quickly on important issues,” Abercrombie said in a statement Monday. “The people of Hawai‘i voted for a change in direction, a New Day. I need the opportunity to move forward with a team dedicated to that proposition.”

The Democratic governor said his request for resignations isn’t a reflection on board members’ service or personalities.

Those board members not asked to resign include Public Utilities Commission Chairwoman Hermina Morita, the only Abercrombie appointee to these panels so far confirmed by the state Senate.

Others exempt from the resignation request are three members of the Hawai‘i Public Housing Authority — the governor’s representative to the board, Debbie Shimizu; the Department of Human Services representative, Deputy Director Pankaj Bhanot; and the attorney general’s representative, Krislen Chun.

Five other members on the HPHA board were asked to resign, and the board has four vacancies.

All nine members of the Aloha Stadium Authority, six members of the Board of Land and Natural Resources, two members of the Public Utilities Commission and six members of the Land Use Commission were asked to step down.

A seat on the Board of Land and Natural Resources and three spots on the Land Use Commission are vacant.

None of the 28 people being asked to quit have a legal obligation to do so, and many of them have terms that don’t expire until 2014.

Most were appointed to four-year terms by Lingle, a Republican who served eight years in office before Abercrombie was elected in November.

At least one person so far has signaled an intention to resign, said Abercrombie spokeswoman Donalyn Dela Cruz.

Governor defends requests to resign

He says his asking appointees to quit does not reflect the quality of service

By Star-Advertiser staff

POSTED: 01:30 a.m. HST, Jun 21, 2011

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Gov. Neil Abercrombie said Monday that his request that more than two dozen appointed members of state boards and commissions resign was not a reflection of their service or an issue of personalities.

The Democratic governor sent letters last week to 28 appointees of the state Public Utilities Commission, Land Use Commission, Public Housing Authority, Board of Land and Natural Resources and the Stadium Authority. The appointees were selected by former Gov. Linda Lingle, a Republican, and confirmed by the state Senate.

The governor said he took the step to gain more flexibility in implementing his “A New Day in Hawaii” plan.

The appointees do not have to resign and can choose to remain until their terms expire, he said. “Our administration needs to be able to work collaboratively with our boards and commissions to get work done in the public’s best interest,” Abercrombie said in a statement.

“This includes a new approach to maintaining our public housing units so residents can live safely and with dignity; developing a statewide vision for our sporting events and venues; and changing our policies for managing and utilizing our limited resources and land.

“As with the Board of Education, it’s important that all boards and commissions have the opportunity to have a fresh start, so they can work in alignment with other state agencies and move quickly on important issues.

“My request for individuals to voluntarily resign is not a reflection of their service nor an issue of personalities. The people of Hawaii voted for a change in direction; a New Day. I need the opportunity to move forward with a team dedicated to that proposition.”

Widow Ngoc-Lan Pham and her Vietnamese – American family flew in from California for a Memorial Ceremony at Larsen’s Beach/Lepeuli where her husband died thirteen years ago.

Mrs. Ngoc-Lan Pham (in red shirt) attempts to get to Larsen's Beach, one day after Paradise Ranch fences off the Alaloa!!!

Mrs. Ngoc-Lan Pham attempts to use Public Access to get to Larsen's Beach for Memorial Service for her husband who drowned there 13 years ago.


She flew in from California on 5/21/11 – one day too late for her to use the traditional, ancient trail to Larsen’s Beach -the Coastal Alaloa.

She tried to go down the bluff on the new County Easement, but could not because it was too steep and dangerous.

The trail was ALWAYS open and accessible before May 20, 2011. Mrs. Ngoc-Lan Pham could not get down to the beach because Paradise Ranch fenced off the lateral Alaloa. The new County Easement is not Family Friendly and the county-owned Right-Of-Way (Lot 4) is blocked by vegetation and not defined or maintained. Mrs. Pham came from California but could not get down to Larsen’s Beach.

“My husband, years ago, he came here and he goes snorkeling and he passed away down there. And I never got a chance to see the beach so today my daughter took me here so I can go down there and see the water and feel the water and see where he died.

But because the steep road I cannot go down because I got brain injured about two years ago. So I couldn’t go down.

Thirteen years ago he passed away down there. And that’s why when I looked at that I said no – I might be able go down but I might not be able go back up. And so my son and my daughter try get me down there but I say no. I just say nothing and look at the water.

Too steep. Too steep.”

Mrs. Ngoc-Lan Pham was prohibited from performing her memorial ceremony at the beach where her husband died because the traditional lateral trail was fenced off by Paradise Ranch.

Perhaps Mrs. Ngoc-Lan Pham could have used the more gradual County Right-of-Way, built in 1979 by the Boy Scouts. This trail is blocked by vegetation – naupaka and milo – and has not been adequately maintained by the county. The Kilauea community has been asking the County for Ka`aka`aniu Trail maintenance to Lepeuli/Larsen’s Beach for over 2 years. Why does the County of Kauai fail to maintain Public Access on this county Right-Of-Way?
Why can’t Mrs. Ngoc-Lan Pham get to the beach for her husband’s Memorial?

§115-9 Obstructing access to public property; penalty. [Repeal and reenactment on June 30, 2013. L 2010, c 160, §7.]
(a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:

(1) A public right-of-way;

(2) A transit area;

(3) A public transit corridor; or

(4) A beach transit corridor;

and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.

(b) Physical impediments that may prevent traversing include but are not limited to the following:

(1) Gates;

(2) Fences;

(3) Walls;

(4) Constructed barriers;

(5) Rubbish;

(6) Security guards;

(7) Guard dogs or animals; and

(8) A landowner’s human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.

(c) Obstructing access to public property is a misdemeanor.

(d) Minimum fines for violation under this section shall be as follows:

(1) $1,000 for a second conviction; and

(2) $2,000 for any conviction after a second conviction.

(e) As used in this section:

“Landowner” means the record owner of the property or the record owner’s agent, including a lessee, tenant, property manager, or trustee.

“Person” means a natural person or a legal entity.

“Public recreational area” means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2; am L 2010, c 160, §4]

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