Editorial
Balance access, protection at Hanauma Bay

A recent federal lawsuit challenging access rights to popular Hanauma Bay offers Honolulu officials a chance to revisit the overarching goal of protecting and managing this important resource.

The federal lawsuit, brought by a California woman, claims it is unconstitutional to charge visitors a fee to visit the nature preserve while allowing local residents in free.

There is considerable legal confusion surrounding the issue, with case law both supporting and striking down two-tier permit and fee systems around the country. And the issue is confounded by the fact that Hawai'i enjoys special protections on beach access. Beach access in Hawai'i is treated as a fundamental right.

The argument is that one class of citizens cannot be granted free access to public lands while others are forced to pay for that access.

It may be that the City will be able to answer the constitutional and legal issues involved. If the current fee schedule is on solid legal ground, then it should be defended.

But at the same time, this lawsuit offers an opportunity to revisit the underlying purpose of the fee program, which ostensibly is to generate income to protect and manage the resource, educate visitors and to some degree manage the flow of human traffic.

There could be other approaches, ranging from focusing on parking and bus unloading fees through some kind of pass system.

Whatever happens, either in the courts or through the park system, it is crucial that the city get back to first principles on what these beach access or park fees are designed to accomplish.

Because of the unique qualities of this nature preserve and the heavy demand for its use, it made sense to charge something to offset management costs. But the city has diverted some Hanauma fees to other purposes that, no matter how worthy, are not directly related to the use for which fees were paid.

If Hanauma Bay is to generate revenue, it should stay there.