Protect the Public's Longstanding Rights to Beach Access

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THE PUBLIC'S RIGHT TO GO BEACH IS IN JEOPARDY - YOU CAN HELP!

Across the Hawaiian Islands, the threats may be unique, but the result is all the same: it is getting harder and harder for the public to reach the shoreline.

On Oahu, it is common to see maybe one public beach access for every five miles of shoreline. Construction all along the beach-front is hastening beach erosion and severing the connections between inland roads and the shoreline. For the few pathways that remain, especially in suburban areas, beach-front property owners craving more exclusivity are planting intrusive vegetation and erecting gates and 'no trespassing' signs to deter the public from the shore. In town, one of the last publicly accessible surf spots is on the chopping block because the state wants to start charging prohibitive fees for parking that has always been free.

Unfortunately, this sad story plays out on all the islands. On Hawaii Island, the new owners of the King Kamehameha Hotel claim ownership over Kamakahonu Bay and Ahu'ena Heiau, the personal temple of Kamehameha the Great. The hotel owners are actually attempting to deny public access to the beach and the heiau, even to the families and cultural practitioners who have cared for this heiau for generations.

On Kauai, fences and gates are blocking access to the beach and saltwater-resistant plants, like naupaka, preventing access along the beach. The result is defacto private beaches for those who can afford to rent extremely expensive beach-front vacation homes.

On Maui, government development at Kahului Harbor threatens to destroy three choice surf breaks and undermine public use of the beach there. At the same time, new developments, like the hotel at Makena Beach, continue to receive county approval without providing adequate access for shoreline users.

Though each of these struggles require their own dedicated attention, there are some steps we can take together as a State to better protect the public's right to access the shoreline and inland recreational areas. Hawaii Revised Statutes sec. 115 protects the public's right to access beach and inland area. This law was passed in 1974 because lawmakers recognized that "development pressures threaten to close off public access to the shoreline." Unfortunately, while those pressures have continued to increase, the ability to enforce these rights has not. That is why residents are advocating for the right to enforce public access rights directly by adding a citizen suit provision to the state law (just like the Clean Water Act).

Please demonstrate your support for S.B. 1088/H.B. 971 by submitting this online testimony form. We need your help to urge local lawmakers to improve enforcement of H.R.S. sec. 115 by passing S.B. 1088/H.B. 971 (click here to read the bill).

Learn more, visit with our allies:
Beach Access Hawaii
Livable Hawaii Kai Hui
Surfrider Oahu Chapter
Surfrider Kauai Chapter
Defend Oahu Coalition
Kulana at Ahuena Heiau