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The Honolulu Advertiser
Posted on: Monday, February 2, 2009

Bill may ease rules at Ka'ena

By Peter Boylan
Advertiser Staff Writer

Generations of fishermen who have used the waters off Ka'ena Point Natural Reserve have told state lawmakers that they are being unfairly cited for camping when all they want to do is fish.

Fishing proponents have gathered 7,000 signatures on a petition to allow night fishermen to use camping gear such as blankets, portable cots and shelters, which are now prohibited by state park rules.

Area residents testified on Friday about the need to regulate late night parties, off-roading and criminal elements that on occasion use the park. And the state expressed the need to enforce laws that ensure that iwi, cultural dunes, and the habitat of the reserve are preserved and protected.

With so many people making demands, state House Vice Speaker Michael Magaoay, D-46th (Schofield, Mokul''ia, North Shore) knew it was time to get everyone talking at the table.

Magaoay introduced a bill in the House to remove any restriction on camping at Ka'ena Point but said the legislation is intended to get all parties to talk about the maintenance, use and regulation of the park.

"If we don't have discussion, how are we going to solve the problems?" said Magaoay, speaking after testimony was heard at the House committee on Water, Land and Ocean Resources. "I'm forcing the issue out because we are in (legislative) session."

Sen. Robert Bunda, D-22nd (North Shore, Wahiawa) introduced a similar bill in the Senate. Magaoay's bill was deferred until Feb. 6.

Camping is not allowed at the reserve and state Department of Land and Natural Resources enforcement officers cite anyone with camping paraphernalia to keep the area from becoming a makeshift village.

The state is proposing opening up Ka'ena Point for "wilderness camping," camping without running water sources, that would be subject to the current state camping permitting process.

"It's completely open, no limits, and we did that to accommodate those who want to fish," said Laura H. Thielen, chairwoman of the state Department of Land and Natural Resources. "I can sympathize with their frustrations. I love to camp, my family loves to camp . . . it's a beautiful area."

Fishermen and hunters argue that the area can be policed and open for fishing without requiring permits and handing out citations to anyone violating the letter of the law.

Fishermen and cultural practitioners have referred to the state constitutional right to gather and hunt in the Hawaiian tradition.

"I would like to see clarifications made in DLNR's rules that address 'camping' to allow people to fish in the culturally traditional manner that they have done since the arrival of man to these islands," said Brian F. Funai of Kane'ohe. "We are concerned that proposed designated camping 'areas' that DLNR has discussed with fishermen in the past may not conveniently coincide with fishing conditions ... and ultimately may not achieve the overall goal of protecting the area."

Instead of picking on cultural practitioners, the state should be going after people who harm the environment, such as off-road drivers and late night partiers, advocates said.

"The Hawaiian and fishing communities are in need of immediate relief from the restrictions placed on us by enforcement," said Keith Sienkiewicz, in testimony submitted to the House committee on Water, Land and Ocean Resources. "We are no longer able to enjoy or practice our traditions, culture, fish at night or pass this knowledge on to the next generation."

State Rep. Sharon Har, D-40th (Royal Kunia, Makakilo, Kapolei), vice chairwoman of the committee on Water, Land and Ocean Resources, said some amendments to the bill will have to be made and she will monitor the progress of the Senate measure.

"It's unfortunate that it's elevated to this point. A lot of locals feel like they've been treated like common criminals," Har said. "These are not competing interests; they really should be working together.

"Everyone wants to preserve the area, whether it's for fishing or just going and hanging out or sunbathing. It's about protecting the land and the condition of the park."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.