Proposed changes to state fishing rules spur protests

http://www.honoluluadvertiser.com/article/20091229/NEWS03/912290316/1001/NEWS/Proposed-changes-to-state-fishing-rules-spur-protests

December 29, 2009 - fishing community speaks out against DLNR

Is the proposed Predator Fence at Ka'ena really necessary?

Brent Lisemeyer of DLNR addresses concerns over the fence . . . it is interesting to note the point on the current bird population and continued increase with or without the fence . . . the dog attacks mentioned occurred several years ago and has not at all impacted the current population at the point. The fence will not keep dogs out of the area - especially when people take their dogs in off-leash.
He also states other reasons for the project which I find concerning: 1) so that "those living on the main Hawaiian islands can get a glimpse of what it looks like on the northwest Hawaiian islands."
2)"To restore an eco-system that has been damaged by human efforts by protecting it with human efforts" 3) "The fence is going to last for a significant period of time and hopefully its demonstration as a viable technique here in Hawaii will be shown and be used elsewhere . . . that's the biggest benefit, that it will be an example project for others and lead the way into the future."

Ka'ena Dune Restoration

Spent the morning with a group of 8th graders from Punahou who have been working on a project to restore one of the dune systems at Ka'ena. Last year the students took care of the seedlings with the knowledge that they would be planted out at Ka'ena. This year, about 100 8th graders have come out to plant the young naupaka on the parts of the dune that have eroded due to off-road vehicles.

Please help us to malama these new plantings - keep vehicles off the dune systems at Ka'ena, and provide water to them if you can! If there is one thing we can learn from these students, it is that we have a responsibility to future generations to make sure to malama aina and malama i ke kai.

Video footage from today will be airing on Olelo soon! I will make sure to post more information as it becomes available.

Mahalo nui loa to the students and faculty who have volunteered their time to protect this special place!

Officer Haina Reinstated Despite Complaints of Civil Rights Violations

Auwe! I heard from someone within DOCARE that Officer Henry Haina was never on "administrative leave" to begin with. When it comes to allegations relating to civil rights violations within their own department, DLNR should not have been allowed to do an internal investigation . . . each case should have been looked over by an outside party that would not have been biased. The fact is several complaints were filed way before this issue ever went out through the press. DLNR, the Attorney General, and Linda Lingle were all aware of the situation for some time. It was only when the harassment claims were made public that any so-called action was taken.

I have talked to several others who have had similar encounters with this officer, who chose not to make a public statement against him . . . including fishermen at Ka'ena who he had drawn his gun on for having "camping paraphernalia" after sunset. DOCARE needs to work on developing regulations for their officers to follow - it seems that at least this one did not know when it is appropriate to draw a firearm.

Below is the Article from the Honolulu Advertiser dated August 22, 2009

DLNR officer returned to dutiesBy Eloise AguiarAdvertiser Staff Writer
The state has reinstated a Department of Land and Natural Resources enforcement officer after internal investigations did not substantiate complaints that he harassed people at Ka'ena State Park, the department announced yesterday.
The officer, a four-year employee of DLNR, had been placed on administrative leave after the department received nine written complaints about him last year.
The officer will return to his field patrol duties, DLNR said.
At a Pig Hunters Association meeting in November, dozens of hunters and fishermen said he was overbearing and harassed people. Some accused the officer of drawing his weapon on children, ordering people to take off their clothes and threatening people.
DLNR Director Laura H. Thielen yesterday said independent investigations by DLNR and the state attorney general's office found insufficient evidence of criminal acts and that complaints were unsubstantiated or contradicted by others.
"It appears that several complaints were registered by individuals who were caught violating the law and that many of the complaints were based upon their disagreement with the laws protecting Hawai'i's resources," Thielen said in a news release.
The two people who said they were ordered to take off their clothes withdrew their complaint after being informed the department had audio records of the incident, Thielen said.
In another case, the officer drew his gun in the "low ready" position in the presence of children who were with seven unleashed hunting dogs, Thielen said. Once the dogs were secured, the officer holstered his weapon, witnesses told DLNR.
"The decision by the attorney general provides for the general public confidence that there was an outside impartial body doing an investigation and they come to the same conclusion," Thielen said.
Oliver Lunasco, with the Pig Hunters Association, said he is suspicious of the investigations. At least 30 people lodged complaints with Lunasco delivering some of them personally to the DLNR, he said.
"There were too many complaints against him to find everything was not valid," Lunasco said.
As for those complainers who broke the law, Lunasco said they were complaining about the way they were treated, not about being cited.
"It's like a traffic cop stops you, yanks you from the car and all the time he has his gun drawn and he cites you for speeding," he said. "It's not just."
Thielen said that before the officer was assigned the the area, residents complained that hunters were intruding on private property by taking game, damaging fences and locks, and setting traps.
Thielen said the department has learned from the case and will reach out more to the community. "I think the lesson learned is we need to focus on helping people understand why following the rules are in their best interests," Thielen said.

Submitted Letter to the Editor (Honolulu Advertiser)

Every weekend, my daughter, her father and my niece, go out to Ka'ena Point - not to play or fish or necessarily enjoy the stark beauty of that area (which they do), but to pick up after others.

They haul out burnt pallets and rubbish left behind by people, who see this area as a place to carouse and dump. Many of these pallets are brought in by young soldiers, who feel they have a right to set bonfires and party (illegally) in this park, at night. A couple a weeks ago, a brushfire burned many acres of land at Ka'ena Point, destroying native foliage

For me, a long time kamaaina, to see such desecration of a supposedly protected area, is a sad state of affairs and a misuse of limited park land on this island.

Please have consideration, whether you are a resident or active-duty military, obey the posted signs. If you are out in that area to enjoy, haul out your own rubbish. Do not set bonfires - this is a very dry part of the island and any careless spark or flame can cause great destruction. Park, picnic, fish and enjoy, but do not run your off-road vehicles on the delicate sand dunes

We do not appreciate people, military or civilian, who flaunt the law, in order to have a good selfish time.

PLEASE BE CONSIDERATE AND RESPONSIBLE.

Barbara Long
Mililani Town, Hawaii

Na'au Wrenching Off-road Videos online

Feb 16, 2008 - 02:22"Matt and his Jeep" http://www.youtube.com/watch?v=62G0GT0wYVU

Sep 6, 2008 - 00:20 "Off-roading at Ka'ena Point on the North Shore of O'ahu"
http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoID=984369742


"Curran doin' doughnuts decepticon28 - 30 views - 4 months ago":
http://www.youtube.com/user/decepticon28#play/all/uploads-all/1/IHNqLYsJKPA

"Ridin' Dirty" Added: May 14, 2006:
http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=7258013


Mar 26, 2007 - 00:23"I love rental cars."
These guys can't even pronounce Ka'ena correctly. (warning about offensive language):
http://www.youtube.com/watch?v=ucinEBvhp-w


Dec 16, 2008 - 05:09"Kaena point turns into a giant river that we then feel the need to traverse in our caravan of Jeeps" http://www.youtube.com/watch?v=JA_-ogDlwSw


Kaena Point 071021:http://www.youtube.com/watch?v=QnvOsfN1Yfg


Mar 13, 2009 - 08:44 military decals are clear in this video. In the first segment someone is letting a young child offroad - talk about a safety issue. http://www.youtube.com/watch?v=KqzG2-ysGU4



Feb 22, 2009 - 05:19"You can only find this mud pit after it has rained. We had fun. Only one managed to get a good spin." : http://www.youtube.com/watch?v=kvpJwHchURY&eurl=http%3A%2F%2Fwww%2Eyoutube%2Ecom%2Fuser%2FForgottenIreland&feature=player_profilepage

Lessons Learned

On the weekend of July 3rd, my ohana spent some time together at Ka'ena. I was planning for a tough few days, because in the past, on holiday weekends, there had always been so many people out there having a good time at the expense of the aina. For the last few years on our huaka'i out to Ka'ena, we have had to put almost everything aside in order to focus on preventing off-road activities and cleaning up pallet fires and opala left behind by others.

But this was weekend, I had time to do what is so important - to pass on traditions that I was taught as a child to the next generation . . .

I remember when my Grama would take all of the fish that the family had caught down to the shore to clean. As a young child, I was so intrigued by the process of cleaning fish, and for years I'd watch her careful hand scale each fish and slice its belly, letting its insides fall out into the tidepools where tiny crabs would come out from hiding to dine on this rare delicacy.

What I didn't realize at the time was that I was being taught my kuleana, when I was brought down to accompany my father's mother at the shoreline: at first, just watching, and then being given small tasks - carrying a bucket, or rinsing off a freshly cleaned fish.

As we got older, and were more inquisitive, my Grama would let my cousins and I look at the contents of each stomach - some would hold the shells of tiny crustaceans, others sand, and some limu. What this taught us was more than just how to clean a fish, it gave us a greater understanding for what our food source relies upon to survive - the bigger picture of how an entire eco-system must remain in balance in order for us to eat. Without limu, there will be no Palani, no Nenue. Without coral, no Uhu. Without tiny crustaceans, no Weke, Kumu or He'e.

What Grama had taught me in all those years of accompanying her down to the shoreline, was more than just about gutting fish, it was more than learning about self-sustainability, but it revealed to me the idea that there is a natural balance to this eco-system - that nature is pono. And in order to be a part of that balance, I have kuleana - the responsibility to make sure that we all malama pono - to protect this eco-system that sustains us.

This weekend, as I went to the shoreline with fish to clean, I remembered my Grama and all that she taught me. And when the young kids arrived to watch, I remembered how intriguing the process of cleaning fish was for me. It was then I realized that what we were doing those days on the shore was actually an important part of maintaining pono.

Because it is the youth who will continue the practice into the future, because they will someday realize the role they play in all of this - we must continue to pass down the kuleana of our ancestors.

Working to put a Stop to Destructive Activities at Ka'ena

The Lawai'a Action Network has recently sent out a letter to commanding officers of all branches of the military in Hawaii requesting their assistance in protecting the culturally and ecologically sensitive area of Ka'ena from off-road activities. Mahalo to all those in the community who signed on in support of our letter!

Why the military? Because many of the off-roaders in Ka'ena are military personnel - in fact there is a local 4-wheel club in which most members are employees of the military. According to an article in JP Magazine titled, Vacation to Oahu - Hawaii Fine-O: Hanging with the Oahu Jeepers, "The Oahu Jeepers are made up of local Jeep enthusiasts, so that is to say almost every member is an active military, retired military, or civilian military contractor. We wondered why so many military guys owned Jeeps and found out that while stationed in Iraq, Afghanistan, or other nasty places for an extended time period, a vast majority of their pay is withheld because their living expenses are covered by Uncle Sam. Once back home, they get their withheld pay in a lump sum that usually gets spent on whatever they were dreaming about while overseas. In most cases, that's a shiny, modified Jeep."

Be it military or not, the next step in the process of educating off-road enthusiasts about the harm their hobby causes will be to contact JP Magazine, and any other publications that have been promoting off-road activity in Ka'ena, as well as local 4-wheel clubs who are posting videos about off-roading at Ka'ena online (see JP Magazine article link below).


All of the images are from JP Magazine's website

http://www.jpmagazine.com/eventcoverage/154_0604_vacation_to_oahu_hawaii_fine_o/index.html

Native Plants of Ka'ena (more to come)

Naupaka Kahakai are probably the most prevalent of native plants in Ka'ena. They can be found growing atop the sand dunes along the coastline of Ka'ena. In mo'olelo explaining the tiny, white half-flower of Naupaka Kahakai (a beach variety), it is said that two lovers were separated to mountain and sea and transformed into plants in order to protect them from Pele's jealous rage. The Naupaka Kuahiwi (mountain variety), was said to hold the other half of the blossoms that remain separated forever. The Naupaka of Ka'ena play an important role in the coastal eco-system; their roots protect the dunes from erosion, keeping soil firmly packed under the surface. Offroading on the dunes has caused major damage to a lot of Naupaka in the area, a plant that we rely on to protect our reefs from siltation caused by erosion.


Naio is a large shrub with tiny white flowers that can be found in the midlands of Ka'ena. Its wood has a Sandalwood-like scent.


Ohai is a low-lying shrub with a very unique flower. Like Hinahina, its silvery leaves reflect the light of the sun.

Ka'ena 'Akoko is a ground-crawling plant that grows on both sand and stone.

Pa'u o Hi'iaka is a ground-crawling plant that can be found growing alone or intertwined with other ground-crawling plants. The photo above shows the Pa'u o Hi'iaka growing with Ilima Papa. According to mo'olelo, its name was given after Pele found the plant wrapped around her baby sister Hi'iakaikapoliopele, protecting her from the heat of the sun.

Ilima Papa is a ground-crawling plant that grows along the coastline of Ka'ena.

Hinahina ku kahakai's succulent leaves form rosettes that are the base for the plant's tiny, white and sweet-smelling blossoms. It is a ground crawler that is named for its soft silver leaves.

Lawai'a- Caretakers of the Land and Sea

"The Truth is, there is man and there is environment. One does not supercede the other. The breath in man is the breath of Papa. Man is merely the caretaker of the land that maintains his life and nourishes his soul . . . . Therefore, the 'aina is sacred, the church of life is not in a building, it is the open sky, the surrounding ocean, the beautiful soil." - George Helm, January 1977.

On the afternoon of May 13th, my dad and I took a ride out to Ka'ena. When we arrived at the sandy bay we had found the remains of some parties that occurred over the weekend: the remains of a pallet fire, a stack of leftover pallets, and tire tracks that covered the entire area. This was upsetting for us to see this because we have been trying to get out to Ka'ena as often as possible to educate the off-road community about the impacts that they have on the aina. We had already attempted to block off the bay and nearby sand dunes with boulders and car parts left behind by offroaders the last time we had been out (see previous blog).

We had missed one weekend and we couldn't believe the damage that had been done in that short period of time.

In order to stop people from driving their vehicles into sandy areas (where iwi kupuna are known to be buried and where we have gathered shells for generations), we decided to reposition the boulders that off-roaders had moved to regain access over the weekend. So we spent the remainder of our afternoon replacing the boulders to block the access points to the bay and nearby sand dunes. On our way out, we loaded the remaining pallets on the truck and drove them out to the dumpsters by the parking lot.

At this point we were still pretty confident that our efforts would not be fruitless. We were sure that everyone would understand that the replaced boulders meant no vehicle entry.



Unfortunately, we were wrong.



When we returned on the afternoon of May 15th (only two days after moving the boulders for a second time), we had found that offroaders had thrown the boulders, which we had put in place the previous afternoon, into the bushes. It was pretty frustrating - I wanted to cry - but we did not want to give up on our efforts to protect the area from further destruction and desecration. So this time we put up even bigger blockades.

By the time we finished moving boulders, the sun had set and it was getting dark, but I still had time to string up some rope around the access points to the bay and nearby dunes. On the rope I put up signs saying "Malama Pono:Protect Our Resources - No Vehicles Beyond This Point." This was my attempt to better communicate with those who had moved the boulders the last time, who threw the party with a pallet fire on the aina that I love, who clearly did not understand the language of a wall of upright pohaku, and who I thought would probably understand some English.

When we left that night, I was pretty confident that the offroaders would receive our message loud and clear this time around. I mean, we had replaced the boulders that they had moved before and posted signs in English that said "NO VEHICLES BEYOND THIS POINT."

Unfortunately, on our return two days later, the boulders were moved again and my signs cut down. This time, we decided that we would use the truck to pull larger boulders up to block the accesses to the bay and nearby dune systems. In the process of blocking an access way, we were visited by a friendly DOCARE officer who thanked us for what we had been doing. He told us that the night before he had watched a bunch of military personnel in jeeps that were taking down my signs and moving the boulder barricades we had placed to keep off-roaders out.

Because I care so much about this place, because it is a part of me, and I a part of it, I refuse to give up - especially to those who I know have no respect for this wahipana. I will continue to move boulders and post signs, and to educate those who will listen . . . to malama pono -because this kuleana comes from within me.

To Be Continued . . .

Malama i ke kai, a malama ke kai ia 'oe

Our Kuleana as Cultural Practitioners:

As an olelo noeau (Hawaiian proverb) states, "Malama i ke kai, a malama ke kai ia oe!" which means care for the ocean and the ocean will care for you. It is our kuleana as cultural practitioners who fish and gather to protect those same resources which provide for us.
In Hawaii, our ocean resources are already stressed by commercial fishing operations, siltation of reefs caused by run-off and erosion, diminishing limu beds, and rising ocean temperatures. As lawaia/cultural practitioners, we must protect our resources by protecting and maintaining the surrounding environments to ensure they remain in balance for future generations.
At Kaena, one of the most well-known fishing areas on Oahu, the Lawaia Action Network is working towards bringing the resource back into balance through cultural practice.
To malama aina at Kaena we must to continue traditional resource management at many levels.

What You Can Do to Help Protect Kaena:

1) Always take out more opala than you bring in. Be prepared to clean up the surrounding area, make it part of your routine to malama aina.

2) Do not drive or park in sandy areas or on or near exposed reefs to prevent erosion and to protect cultural sites from desecration.

3) Discourage all off-road/ ATV activity in the area. Talk to everyone about the impacts that this activity has on both natural and cultural resources.

4) Only take what is necessary to feed you and your family. Avoid taking immature shellfish and uprooting limu while gathering.

5) Educate friends and family, and teach keiki that malama aina is part of our fishing heritage.

6) Document license plates of abusers and Report violations!

Send photos, video and email reports to: lawaianet@yahoogroups.com

Protecting Our Wahi Pana from Destructive Offroaders

On Sunday, April 12, 2009 we tried to move a large boulder, originally placed by the state over 10 years ago, to prevent further erosion of the sand dunes. Unfortunately we broke both of our tow straps in the effort to block vehicle access to the dunes with the large boulder (right). Instead we were able to move the smaller boulder (left) to block access.

When we returned to check on the dunes the following Saturday (4/18), someone had moved the small boulder to regain off-road access to the area.
This morning (5/1) we went in to attempt to move the larger boulder again. Thankfully someone had done the job for us- maybe it was the menehune :)!!!

As you can see in the picture below erosion here is severe. We need to make sure that we do all we can to protect this sensitive ecosystem and cultural treasure.

Please kokua. Malama Ka'ena.

Let people know that vehicle access in Ka'ena should be limited to existing roads. Driving on dunes and in sandy areas threatens our cultural and natural resources!

Senate Concurrent Resolution 12

THE SENATE
S.C.R. NO.
12

TWENTY-FIFTH LEGISLATURE, 2009

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO AMEND ITS ADMINISTRATIVE RULES RELATING TO CAMPING AT STATE PARKS.

WHEREAS, fishing at night on beaches throughout the State is a longtime and treasured tradition in Hawai`i, enjoyed by families of Native Hawaiians and the broader public for generations as a means to provide sustenance and recreation; and

WHEREAS, fishers have used tents, sleeping bags, and other gear to protect themselves and their family members from the weather while fishing at beaches at night; and

WHEREAS, in 2002, the Department of Land and Natural Resources amended section 13-146-2, Hawaii Administrative Rules, to define camping by the type of "camping paraphernalia" an individual possesses one hour after sunset until sunrise at a state park; and

WHEREAS, the State's camping rules have had a significant impact on Native Hawaiians, whose customary and traditional rights are protected by the Constitution of the State of Hawaii; and

WHEREAS, the new camping rules and the enforcement of these rules have resulted in officers of the Department of Land and Natural Resource's Division of Conservation and Resources Enforcement issuing citations to individuals for fishing while using tents and sleeping bags as fishers have done for decades; and

WHEREAS, fishers from Keawa`ula and Ka`ena beaches on O`ahu's west and north shores have been especially affected, with many of them believing that the State's new camping rules do not allow for sufficient protection and safety from the elements when they fish at night; and

WHEREAS, the legislature believes that the State's administrative rules relating to camping at state parks could be amended to allow the public to fish in a more reasonable and safe manner at night; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to amend its administrative rules in a way that allows:

(1) The State to regulate camping while not adversely affecting other park uses;

(2) The State to better differentiate between campers and fishers; and

(3) Fishers to protect themselves from the weather, while assuring public safety; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

OFFERED BY:
_____________________________


By Request

Report Title:

OHA Package; Fishing; State Park Rules

A fast way to pick up nails!

The last two weekends the Helenihi Ohana has gone out to gather pipipi and pick up opala at Ka'ena . . . This Sunday we brought a giant magnet to make things easier



In no time we collected this:

Mudbogging on Superbowl Sunday

After getting out of this predicament, the same guy gets stuck in the sandy bay for 3 hours. . . what a mess!

Care for the Aina which Provides for You!

Spent some time out at Ka'ena today - picked up remnants of a pallet fire, and talked to some folks who were mudbogging. It seems that many of these guys are receptive when told about the dunes being burial sites. Most people, local or military, just don't know that Ka'ena is a culturally sensitive area.

Since the state & DLNR cannot afford to pay someone to be out there educating those doing the most harm, it is our kuleana, and in our best interest to make sure that we make every effort to do the educating. Maybe we can get a grant from OHA to hire a full-time, on-site, cultural resource person who is responsible for making sure everyone out there gains a better understanding of our wahi pana. We could even work on putting together educational videos and pamphlets to distribute to schools.

As lawai'a we need to remember that protecting the aina, and preventing erosion by ATVs is our responsibility - the resources will not be around for future generations if the soil ends up on the reefs.

So tell everyone you see out there that sand dunes at Ka'ena are for burials - and not to be driven on!

Malama Pono.
Aloha Aina.

Summer