06-22-2009, 02:10 PM
Never been one to avoid an exploration of the facts, or to put my foot in it......
from the Surfrider foundation website:
HAWAII
According to the Hawaii Coastal Management Program (HCMP), all beaches in Hawaii are publicly owned.
Hawaii's 1997 CZM Assessment reports that on August 31, 1995, the Supreme Court of Hawaii issued its decision in Public Access Shoreline Hawaii v. County of Hawaii County Planning Commission, commonly known as the "P.A.S.H. Decision." The litigation arose when the Planning Commission denied the plaintiffs a contested case hearing on whether they had traditional and customary rights to access and use of certain anchialine pools situated within the developer's property. At its core, the decision established that the plaintiffs had standing to present evidence before the Planning Commission with respect to their rights to exercise traditional and customary practices.
Hawaii's 1997 CZM Assessment reports that public-private partnerships and private land conservation efforts exist on a small scale in Hawaii, but in recent years they have been increasing. Frequently known as the "land trust movement," private conservation organizations are acquiring greenways, open space, community gardens, natural habitats, trails, and other lands with high "public" values. Projects like the acquisition of the shoreline areas of the Marks' Estate on Windward Oahu by the City and County of Honolulu with the assistance of The Trust for Public Land, illustrate the potential for these activities. In addition to the well-established The Nature Conservancy - Hawaii, other national organizations such as The Trust for Public Land and Ducks Unlimited are also becoming more active in Hawaii. Local organizations such as Maui Open Space Trust, Kauai Public Land Trust, and Protect Kohanaiki Ohana, are also becoming more active. More recently, the North Shore Community Land Trust, working with many partners including the Trust for Public Land, Surfrider Foundation Oahu Chapter, Surfrider Japan, the state and federal governments and the military, successfully concluded the Campaign for Pupukea-Paumalu, purchasing and protecting the 1,129-acre Pupukea Paumalu coastal bluff that overlooks the world's most famous surfing breaks on the North Shore.
Two other good sources of beach access information are beachacesshawaii.org and Surfrider Foundation's Oahu Chapter. Their website has a good summary of Hawaii beach access laws and a collection of photos of blocked beach accesses.
Hawaii has approximately 319 total public-access sites for 360 miles of coastline, which is on average one access point every 1.1 miles. In addition, the State's public access is high quality. Maui has 24 beach parks, and most have parking with paved access and restrooms. Oahu has seven regional parks and 61 local beach/shoreline parks. Kauai has 18 beach parks, and Molokai has six beach parks. In total, Hawaii has 116 beach parks, which is 36% of all the beach access on the islands.