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    March 2019
    S M T W T F S
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CRACKDOWN – 17 People Arrested for Closed Area Violations at Kalalau

Seventeen people were arrested at the Kalalau Section of the Napali Coast State Wilderness Park, during a pair of law enforcement sweeps earlier this week. Officers from the DLNR Division of Conservation and Resources Enforcement (DOCARE) arrested people without valid permits for being in a closed area. They believe among the 17, were three people who’d been illegally residing in Kalalau Valley for long periods of time.

DOCARE Enforcement Chief Robert Farrell said, “We continue to hear about a lot of illegal activity at Kalalau through social media channels. Some of the behavior depicted on blogs and websites is brazen, clearly illegal, disrespectful to the Hawaiian culture, damaging to natural resources, and completely devoid of any appreciation for the wilderness character of the Napali Coast.”

DOCARE Kaua‘i Branch Chief Francis “Bully” Mission added, “The designated camping areas at Kalalau Beach are largely free of illegal camps, but there are still numbers of them up in the valley, where they tend to be remote and often pretty well hidden. It makes it challenging for our officers, but we remain committed to stopping illegal behavior in this wilderness park.”

Enforcement operations to the Napali Coast are expensive, complicated, and time-consuming not only for DOCARE, but also for the DLNR Division of State Parks. It conducts at least monthly air-lifts of accumulated rubbish and human waste. Both Chief Farrell and State Parks Administrator Curt Cottrell noted that as Hawai‘i’s largest and most remote state park, funding has never been provided for having any full-time staff assigned to the Napali Coast.

Cottrell observed, “If there’s any silver lining to what law breakers are posting on social media, is that it’s caused significant public outrage. Our hope is to get new positions and funding authorized specifically dedicated to the Napali Coast to tackle this ongoing issue.”

DOCARE and State Parks are continuing to collaborate on future law enforcement and clean-up operations as resources permit. Officers continue to take a hard line against anyone contacted who can’t produce a permit. “No permit and you will be arrested and then have to appear in court,” Chief Farrell said.

Travel from the Kalalau Trailhead at Ke’e Beach does not require a permit to Hanakapiai Stream; the first two miles of the trail and another two miles, up valley after the stream crossing to Hanakapiai Falls. The nine miles of coastline trail beyond the stream crossing requires an overnight permit, obtainable from State Parks.

Malama the Napali Coast Media Clips from Hawaii DLNR on Vimeo.

Hawaii Man Can’t Live on State Park as Caretaker

Media Release:

A native Hawaiian did not have the right to set up a home in a state park, a Hawaii Appeals Court ruled.

Lloyd Pratt, who was convicted of camping in a closed area of a Kalalau state park, argued his Hawaiian ancestry entitled him to live off and maintain his native soil.

Pratt had tried to settle a portion of land and plant crops in the wilderness area of the park on the island of Kauai. He said he had the right to act as a “hoa’aina,” or caretaker of the land and restorer of ancient, native Hawaiian sites.

Pratt claimed his “ancestors” are buried in the Kalalau Valley, that his father’s family is from Oahu, and that his other relatives hailed from the Big Island of Hawaii.

The Intermediate Court of Appeals upheld Pratt’s conviction.
“Pratt has not established that he is a lawful occupant or tenant of … Kalalau,” Judge Katherine Leonard wrote for the court. “The district court made no factual findings that Pratt or any of his family members lawfully resided, owned, or occupied land in the Kalalau Valley.”

Leonard added that Pratt appears to be a “deeply spiritual Hawaiian man,” but that  state laws “do not go so far as to allow native Hawaiians to reside on state lands, without permission, in order to bring ancient ways and ancient sites back to life.”

Judge Craig Nakamura dissented in part, writing that while Pratt’s conduct is not exempt from prosecution, the trial court incorrectly weighed the state’s interest against the fact that Pratt was not causing actual harm.
Judge Alexa Fujise issued a concurring opinion.