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.
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?
:)
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.
12,828
Comments(2)