• Firefighters unfairly criticized • No more spraying Firefighters unfairly criticized The bold headline “Kaua‘i firemen caught fishing off Ni‘ihau” (TGI 9/28/10) unfairly criticizes our Kaua‘i firefighters and implies that they are criminals. Keith Robinson takes it up a notch
• Firefighters unfairly criticized • No
more spraying
Firefighters unfairly criticized
The bold headline “Kaua‘i firemen caught fishing off Ni‘ihau” (TGI 9/28/10) unfairly criticizes our Kaua‘i firefighters and implies that they are criminals. Keith Robinson takes it up a notch by accusing them of “trespassing” and “plundering” those “off-limits” waters and endangering the Hawaiian monk seals. Nothing could be farther from the truth.
Our firefighters should be commended for participating in their endurance-training mission to maintain physical fitness, become proficient with their vessel and other marine equipment, hone their seamanship skills and become familiar with a section of their area of responsibility. Ni‘ihau is a part of the County of Kaua‘i.
Mr. Robinson should know that the waters surrounding each of the Hawaiian Islands is within the public domain. Whatever “konohiki” fishing rights his family might have had disappeared with the Organic Act in 1900. The waters and beaches of Ni‘ihau (up to the high-water mark or vegetation line) are “public property,” to be shared and enjoyed by us all. Section 95 of the Organic Act provides that “all laws of the Republic of Hawai‘i which confer exclusive fishing rights upon any person or persons are hereby repealed, and all fisheries in the sea waters of the Territory of Hawai‘i not included in any fish pond or artificial enclosure shall be free to all citizens.” This was later codified in the Constitution of the State of Hawai‘i in Article XI, Section 6, which provides that the state of Hawai‘i shall have the power to manage and control the marine, seabed and other resources located within the boundaries not specifically limited by federal or international law and that all fisheries in the sea waters of the state, except fish ponds and artificial enclosures, shall be free to the public. It further declares that the state of Hawai‘i shall protect the public’s use and enjoyment of the reefs. There are provisions (Organic Act, Section 96) in the above for preserving “vested rights.” However, such vested rights expired after three years from the effective date of the Organic Act (1900) and must be established by filing a petition in the circuit court within two years of the effective date of the Organic Act and may be opposed by the attorney general who is authorized to initiate condemnation proceedings. Was a petition filed? Were condemnation proceedings initiated?
Accordingly, all persons, including tour operators, fishermen and firefighters are not off limits when transiting or fishing in the near shore waters of Ni‘ihau. They may even go ashore up to the high-water mark or vegetation line. Numerous cases have considered this issue and held that private fishing rights not established under Section 96 of the Organic Act shall continue to be free to the public. Bishop v. Mahiko 35 Haw. 608 (1940) and State v. Hawaiian Dredging Co., 48 Haw. 152 (1964).
Of course, with this comes the responsibility to not over-fish and unreasonably deplete our fish stocks. Our firefighters dedicate their lives to the protection of life, including endangered species, and property. They are our heroes and should be respected.
Jim Jung, Kapa‘a
No more spraying
The state Department of Transportation (DOT), with no warning signs posted, is spraying Garlon 4 (triclopyr) and Roundup (glyphosphate) on the seawall that runs the length of Kekaha. Eyewitnesses have given an account that the weed-abatement spraying on the seawall splashes onto the beach in some areas and over spray went directly into ocean waters in other areas. A large truck, with a hose the size the fire department uses, sprays this poisonous weed killer at regular intervals as part of their weed-abatement program. These chemicals are banned in other parts of the world.
This may be a very-dangerous situation for those and their keiki who fish, walk and play along or near the seawall area. Small children may be especially vulnerable to the potentially toxic mix of chemicals. Do we really want our families and visitors exposed to these chemicals while they play, fish, walk, surf or sunbathe where these chemicals are being sprayed? What about the fish (right on the label it says it is toxic to fish, do not use near waterways), sea turtles and endangered monk seals? Many Kekaha residents are asking if DOT is also using rodent poisons, but no answer.
New information about health effects of herbicides, including those used by the Department of Transportation in Kekaha, are coming to light. What is the effect both short term and long term of these chemicals, how much, and how often are they being sprayed? What chemicals did they spray before these?
Why is it necessary? I and others would like a toxicology report to determine if the ground and surrounding areas along the side of our roads are safe for human contact. How long do these chemicals stay in the ground? Is the ground contaminated? It’s time the government agencies provide answers.
Question number one: Is the ground contaminated with these products? If it is, will the Department of Transportation clean up the chemicals they spilled? Wouldn’t you like to know if you have been exposed to potentially harmful chemicals? Dear Department of Transportation, please protect our families, visitors and friends from these harmful chemicals. No more spraying… Not even once and clean up the mess you made!
Diana LaBedz, Kekaha
