LIHUE — Last week, an 87-year-old Washington man was sitting high above the water’s edge at Kee Beach watching the massive winter swell when a powerful wave washed ashore and swept him out to sea. Thanks to a fast-acting lifeguard,
LIHUE — Last week, an 87-year-old Washington man was sitting high above the water’s edge at Kee Beach watching the massive winter swell when a powerful wave washed ashore and swept him out to sea.
Thanks to a fast-acting lifeguard, the man narrowly escaped becoming Kauai’s first statistic of 2014 — as well as the first drowning victim at Kee since 2008.
Were it not for Act 170, the lifeguard tower at Kee likely wouldn’t exist, and the lifeguard who saved the man wouldn’t have been in the area.
Act 170 provides the county with legal immunity — except in cases of gross negligence — so that it can provide lifeguard services at state beaches. But a sunset provision built into the law means it is due to expire, once again, on June 30.
A number of bills have been introduced this legislative session that seek to lift the sunset date. County spokeswoman Beth Tokioka said ensuring that happens is a “high priority for all of the counties.”
“We will be actively supporting this measure throughout the session,” she said.
Senate Bill 2783, its companion House Bill 2234 and others have a simple goal — repeal the sunset date and make permanent the law.
“This limited liability protection was made necessary because some counties would not provide lifeguard services at state beach parks, due to the fear of potential liability the might ensue,” read the bills.
“The legislature finds that Act 170 created a climate in which lifeguard services could be provided by the counties without fear of liability and, therefore, is a life-saving measure that should be made permanent.”
On Jan. 15, Kauai Mayor Bernard Carvalho Jr. delivered a legislative message to the House and Senate money committees. In it, he spoke to the issue a number of times.
“Ocean safety is of vital importance to all of us,” Carvalho said. “While Kauai has much success over the years in drowning prevention, 2013 was a particularly tough year for us. Despite monumental efforts over the past two decades to build an ocean safety public-private partnership that rivals any in the world, Kauai still experienced 17 drownings in 2013.”
In comparison, Kauai waters claimed four lives — two ocean and two freshwater drownings — in 2012.
Carvalho said one “critical” component of the county’s ongoing effort is to be able to continue to provide lifeguard services on both state and county beaches.
Act 170 has allowed the county to station lifeguards at Kee since 2008. Between 1970 and 2008, there were eight drownings at the North Shore beach.
Since the lifeguard tower went in, there have been zero drownings.
“Furthermore, our lifeguards have rescued 233 swimmers in distress at Kee since 2008, and they have had 84,000 preventative interactions with beachgoers — which have no doubt saved numerous lives,” Carvalho said in his legislative message. “We implore you to lift the sunset date from (Act 170) and make this highly successful effort permanent in the interest of public safety.”
Although many of the bills have been referred to various legislative committees, no hearing dates have been set. Once that happens, Tokioka said ocean safety advocates on all islands are poised to testify in an effort to move the bill forward.
The looming question is: What would happen if Act 170 does in fact expire at the end of June?
In that case, Tokioka said the county would have to consider whether it could afford to keep lifeguard coverage at Kee.
Right now, the state provides funding for the county for its services and liability protection. The county could choose to continue the services, however it would do so at considerable cost and risk to county taxpayers, according to Tokioka.
“No decision has been made and we are hopeful it will never come to that,” she said. “It’s been a successful partnership up to this point and we have great hope that at the end of the day it will continue.”
Monty Downs, president of the Kauai Lifeguard Association, said this is his third “rodeo” with Act 170, which comes up for sunset every few years.
“That will just be horrible if we lose the lifeguard stand at Kee,” he said. “That’s just beyond, beyond my comprehension.”
On Friday, Downs, also an emergency room doctor at Wilcox Memorial Hospital, sent letters to a number of state representatives and senators asking for their support.
On a hazardous scale of 1 to 10, Downs ranks Kee as a 3 or 4.
“But, it’s packed,” he said. “So that’s what makes it unsafe.”
The most recent drowning at Kee occurred in 2007, when a 37-year-old pilot for U.S. Airways died while snorkeling.
“That day’s flight to Phoenix then had to be canceled because of lack of crew, and the U.S. Air incoming flight the next day not only brought in back-up crew, but also the wife and grief-stricken 8-year-old son of the deceased pilot,” Downs wrote in his letter.
“All of us who saw the 8-year-old boy, including our airport personnel, will never forget his suffering — and in fact this tragedy has spurred our Lihue Airport Manager to install an ocean safety video that runs at our baggage claim areas.”
• Chris D’Angelo, environmental reporter, can be reached at 245-0441 or cdangelo@thegardenisland.com.
