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March 25, 2008

As anyone who’s hiked through a pineapple field to get to a surf spot or tried to access the ocean at Puamana can tell you, coastal land preservation is an issue at the forefront of Maui land use discussion and debate. While development is a constant concern state-wide, oceanfront parcels are the most limited, and therefore the most valuable to everyone – developers and conservationists alike. On the North Shore, there has been a grassroots effort for the past ten years to have approximately 130 acres between Kahului airport and Pa‘ia Town named as the Patsy Mink North Shore Heritage Park.

This designation would allow for coastal access and preservation of historical sites, and open for discussion the possibility of having the land managed by the National Park Service.

On March 12, Senator Shan Tsutsui put forth Senate Concurrent Resolution 127 (S.C.R. 127) declaring that “these lands have value as a resource to the state,” and proposing that they be acquired as legacy lands – meaning they would be protected from development.

Senator Tsutsui and Senator J. Kalani English recently held a Talk Story session at Pa‘ia Elementary School to highlight, among other things, S.C.R. 127. I spoke with Senator Tsutsui before the meeting began and he walked me through the map of the area, and his proposal. “It’s a good place to start,” he said. “We have to start somewhere.” When discussing the details of acquiring this land, there was a consensus that it would involve a joint effort of county, state, federal and conservation funding and management in order to see the project through. The first step in the process is to have the Legacy Land Conservation Commission recommend this acquisition to the Board of Land and Natural Resources. This is made all the more urgent by the County of Maui’s Fiscal Year 2009 Proposed Budget, which did not include this property in the list of proposed acquisitions using Open Space Funds.
This land as a whole consists of six parcels, the majority of which are owned by Alexander & Baldwin (A&B). In the past, A&B has sold land without first offering it to conservation groups or the state, or even listing it for sale on the open market. 5.7 acres of the land in this area were sold to private investors in 2000 and resulted in the controversial Montana Beach lawsuit.

As concern about future development grew, a bill was submitted to Congress four years ago by then-Representative Ed Case. That bill requested a study to document the criteria that the land meets for being named a National Seashore, in an effort to prevent any further construction in this culturally significant area. This bill was re-introduced last year by Rep. Mazie Hirono, as H.R. 2618, and is supported by The Sierra Club of Maui, the Conservation Council for Hawaii, and other organizations championing the cause of land preservation.  S.C.R.127 makes a clear declaration that if the land is to be sold in the future, there is conservation interest. It is also a step towards a valuation of the land and towards organizing funds for a purchase.

Home to a natural sand dune ecosystem and the longest and largest beach on the North Shore, this area of Maui is also home to endangered and threatened species of wildlife. This land contains historical sites that are currently neglected or isolated by their location. Within the proposed boundaries are three heiau (temples) and the area is the site of a battle over control of the land that raged for three years in the 1700’s between the sons of King Kekaulike shortly after his death. As a result of that battle, this land is the final resting place of the warriors killed during those years. The battle concluded in a truce, the terms of which may have been agreed upon at the Papanene heiau. The ruins of that important landmark can still be seen at the base of the Pu‘unene Cinder Cone.

The area was developed by HC&S in the late 1800s, and a thriving plantation village grew up around the cane fields. At one time, the population in this region grew to over 10,000 people – one fifth of the total population of Maui at that time. Those residents arrived from all over the world, and brought their varied cultures together to create the diversity we see on Maui today. The land was altered by the tsunami of 1946, which swept away a significant portion of the shoreline – in fact, one of the heiau now sits about 200 feet offshore. Having this area designated as legacy land would allow all of these sites to be documented and preserved for future generations to visit and experience, much as the coastal land of the Big Island’s Puuhonua O Honaunau (formerly known as the City of Refuge) on the Kona coast has been. Specific plans for the North Shore Heritage Park are still open for discussion. The first and most pressing issue is acquiring the land, or at least preventing any further development on it.

The lands in this proposal that are mauka (mountain side) of the Hana Highway are in a FEMA-designated flood zone, and would not be built on, or they are designated as park and open space, and not subject to risk of development in the future. However, development has begun to move in the direction of this stretch of coastline, and now concern is not only about access, but also about preservation.

In addition to the proposed 130 acres, there has been discussion about extending the boundaries of the North Shore Heritage Park to include the land between Pa‘ia and Maliko, thus ensuring continued access to the Maliko boat ramp.

Senator English explained that the easement allowing access to the ramp lapsed in 1997, but use has continued. Maintenance has been on a volunteer basis, despite the fact that the Maliko boat ramp is utilized by rescue workers to gain access to North Shore waters. If the ramp is included within the boundaries of the preservation land, it can be maintained without having to be completely re-built, which would involve dredging and other disruption to the area. “The owner of the property has allowed continued access,” explained Senator English, (but) “it is in need of repairs and ongoing maintenance.” Community groups have offered to adopt the area in the past, while a permanent solution is found.

Historically, Hawaii’s government has not put land preservation as a priority. The state’s current administration has been one of the most vocal in their willingness to discuss options and possibilities for preserving lands, beginning with Turtle Bay on Oahu. When Gov. Lingle announced at a press conference recently that she was considering options for preserving the area of the North Shore that included the Turtle Bay Resort and 800 acres of surrounding land, conservationists rejoiced. While concerns remain that funds could be earmarked for Turtle Bay at the expense of other important conservation projects, the fact that the discussion has been brought to the forefront of the administration’s declared priorities is a relief to those who believe that preservation of coastal lands is imperative.

For more information, please visit www.northshorepark.org and www.hi.sierraclub.org/maui

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Vanessa Ghantous