State lawmakers’ legislative attempts to seek reimbursement from hikers who are rescued after trespassing onto closed trails were stalled once again this year.
Two bills, Senate Bill 2543 and House Bill 2174, sought to require government entities to seek reimbursement for search and rescue expenses from hikers who intentionally leave a marked trail or ignore posted warning signs that a trail is closed.
Both bills died early in the legislative session. The Senate bill never crossed over and was snuffed in February, while the House bill crossed over in March but never got a third reading.
State Rep. Lisa Kitagawa (D, Kaneohe-Waiahole) said she was representing constituents with concerns about illegal hiking at Haiku Stairs in her district.
HB 2174 noted the significant costs associated with the rescue of hikers choosing to go on illegal hikes, saying each costs upward of thousands of dollars and that nearly 1,000 rescues are made every year in Hawaii.
“The legislature additionally finds that the coronavirus disease 2019 pandemic has increased outdoor activity around the world, specifically hiking in Hawaii,” the bill said. “An increase in hiking in the state requires more emergency responders to be readily available in case hikers are in need of search and rescue.”
Kitagawa, who introduced the bill for a second year in a row, said the state needs a law in place to deter people from going on closed trails and blatantly disregarding signs informing them of closed trails.
“There should be some sort of consequence,” she said. “You’re not only putting yourself at danger, but you’re putting our first responders in danger, especially in dangerous weather conditions.”
The bill noted that six U.S. states — Idaho, Maine, New Hampshire, Oregon, South Dakota and Vermont — have laws in place imposing financial penalties on people rescued outdoors due to lack of preparation.
The bill was supported by the Department of Law Enforcement, which said these types of responses mean other operations have to be put on hold, incurring overtime expenses. Various people also testified in support, saying taxpayers should not be saddled with paying for reckless acts by hikers who ignore warnings.
The State Fire Council provided comments, saying that it believed the reimbursement could cause hikers to hesitate or not request assistance from first-responder agencies.
“Such a delay in requesting assistance may exacerbate the situation, further endangering the lives of persons involved and their potential rescuers,” the council said. “Furthermore, it may be difficult to determine whether hikers in this situation accidentally or purposely entered closed trails.”
Maui Fire Chief Brad Ventura, a member of the Hawaii State Fire Council, expressed the same concerns in his testimony.
Due to questions over how reimbursement fees would be collected, Kitagawa introduced House Concurrent Resolution 124, which was adopted.
The resolution convenes a search and rescue working group comprising all parties involved to make recommendations on how to deter hikers from entering illegal hiking trails.
This group is to include the Law Enforcement and Attorney General departments, a member of the Judiciary, and police and fire chiefs and prosecuting attorneys from each county.
It is to examine existing applicable fines or fees and propose new ones as well as the process for collecting those fees, and policies of other states for illegal hike rescues.
The group is to report its recommendations to the state Legislature before next year’s session. Kitagawa said she intends to take the recommendations into account when introducing another bill in 2025.
Hike rescue hot spots
The greatest volume of hike rescues, based on data from the Honolulu Fire Department, actually have taken place on legally sanctioned hikes and not on the shuttered Haiku Stairs.
For many years the top hike rescue spot has been Diamond Head State Monument and its historic, 0.8-mile trail to the summit, which requires a visitor entry fee and reservation.
The trail is not considered difficult for most regular hikers and is well marked, but many visitors may be physically unfit for the 560-foot climb or go unprepared, without adequate water or good walking shoes.
A public service announcement safety video by first responders warns how hot the trail can become in the middle of the day, without shade, and that it is important to take plenty of water and a fully charged cellphone.
Common types of dispatches for Diamond Head, according to the responders, are for heat-related illnesses, fainting episodes, heart conditions and sprained ankles and wrists.
The other top hike rescue spots requiring helicopter rescue in recent years also have been legal hikes that get a high volume of hikers, including many visitors.
The Lanikai Pillbox Trail and Koko Crater Stairs were among the top three in 2022 and 2023.
In 2023, Lulumahu Falls in Nuuanu became the top hike rescue spot, along with Diamond Head and Lanikai Pillbox.
Lulumahu Falls is in a restricted watershed that requires a day-use permit, but given the volume of hikers on the trail, it appears most do not have one.
HFD records indicate many hikers have gotten lost or injured on the trail.
The Lanikai Pillbox Trail has become a point of contention among residents who complain of the constant traffic, noise and high volume of hikers who carve out their own pathways on the ridgeline, causing erosion problems.
The state Department of Land and Natural Resources has completed a lengthy report proposing trail improvements plus a possible reservation system. Some residents there, however, still want it shut down altogether.
DLNR has posted a new sign at the trailhead to remind hikers of rules, such as staying on the trail. An unofficial, handwritten sign warns people it is “not an easy hike” and for people to know their limits and wear proper footwear.
Legislative bills as early as 2019 have attempted to seek reimbursement for hike rescues at closed trails.
That year, state Sen. Mike Gabbard said he introduced the bill after news that four men entered the Manoa Falls trail after its closure due to rockfall hazards following a landslide.
His intention then, he said, also was to introduce the legislation as a deterrent.
In 2021, senators also introduced several bills attempting to allow county first responders to charge trespassing hikers for rescue costs.
DLNR recommends that hikers choose one of its managed Na Ala Hele trails statewide.
The state agency recently recruited Ian Snyder, a California man who survived a 1,000-foot fall from the Koolaus in December, to record a hike safety PSA.
Many hikers are going to forbidden trails or lesser-known trails due to posts on social media, state officials said, which do not share details on their risks.
Snyder advises people to hike alone only on managed trails, to consider the risks to first responders and to never enter closed areas.
HFD records show that plenty of hikers, however, still get rescued from Na Ala Hele trails after getting lost or injured. Some trails are not necessarily closed due to dangerous conditions, but due to private property ownership.
Another bill this year sought to fund search and rescue operations with a card program.
Senate Bill 2798 suggested a hike-safe card program that the public would be able to purchase annually. The proceeds would go to a search and rescue special fund.
That bill, introduced by state Sen. Tim Richards, survived only five days this session.
