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Kapoho Fish Pond Proposal Approved

By
Real Estate Agent with Aloha Coast Realty RB-19501 (Hawaii)

DLNR has approved a proposal by a landowner in the Kapoho area to restore an old, deteriorated fishpond in Kapoho. This is a 4.3 acre fishpond that was built sometime before 1893 and maintained until the mid-1900s. However, in recent years, the pond has fallen into disrepair. His proposal was to restore the pond it about a foot above the high-tide mark and leaving it ungated as a no-fishing zone. Of course, traditional, cultural, and religious practices in the area would still be allowed under the PASH (Public Access to Shoreline in Hawaii) laws. The owner still has to submit a preservation plan to DLNR’s State Historic Preservation Division. He’ll also have to submit preservation plans and consult with the Division of Aquatic Resources to stop or at least minimize the spread of invasive algae.

Anonymous
Bill Parecki

It is interesting to note that this area has been used by the public for kayaking and snorkeling for a very long time.  The resident who is proposing to recreate this pond was originally required allow for the public to have access.  On a subsequently hearing it was determined that there were no resources to monitor and enforce this action so that language (public access) was  was removed.  To my way of thinking this is giving the owner his own private pond and removing the public from having access.  Sounds a little like business as usually.

Jun 14, 2008 05:51 PM
#1
Matt Listro
National Credit Fixers - Matt Listro - Vernon, CT
Your Credit Repair Expert

I am not sure I understand all the issues at work here.  Why isn't it up to the owner of the property as to whether he/she wants to share the pond with the public.  Otherwise - what would be the sense of owning anything?

:)

Mar 07, 2009 03:48 AM
John Dirgo
Aloha Coast Realty - Hilo, HI
R, BIC, e-PRO, ABR, EcoBroker, GRI, CRB

Hawaii has some very specific laws (noteably PASH - Public Access to Shoreline in Hawaii) that give some members of the public permanent access to the shoreline in the event of historic cultural usage.  As this property contains a man-made fishpond that may pre-date European contact, it could potentially fall into that category.  Many people do have their own private ponds and ocean access without conflict. 

And while you may own the land on the ocean up to the high-water mark, you cannot restrict people from walking along the beach in front of your house.  You don't have to make it easy for them, but you can't stop people from walking the beach.

Mar 07, 2009 11:48 AM
Anonymous
Keola Toledo
How can anyone own property that extends into the ocean? Just because they fixed the wall now they own it. That's odd if you ask me. That pond was built for the cultivating of fish for consumption, by the Hawaiians for the Hawaiians. The Landowner is a retired Attorney state general with enough money to take this to court and fight with anyone about ownership of this pond. How can the state sell something that doesn't even belongs to them , shows u what money can do. I encountered the land owners and they called the police on me and wanted to press charges on me because we were trying to catch fish to feed our family. They didn't like the idea that we were even there. Our family have been gathering fish from this pond for close To fifty years ,all of a sudden we are not allowed to collect fish because a clause that was created by DLNR, State , County or who ever it is. With the rudeness of the land owner ,who approached me with threatening body language telling me to get the hell off his property. I just told them this isn't over yet and it isn't . I will have access for the public in this pond , u can count on it. Just because u got the money to back yourself up dosnt scare me I told the owners u just opened a can of Worms that u will wish didn't open , thanks for giving me this drive.
Mar 25, 2012 06:43 AM
#4