hunterbishop.com

Here's the answer to the letters Councilwoman Emily Naeole sent last year to the state Department of Land and Resources calling for action on the lack of restrooms at Kehena beach and the "disgraceful" restrooms at Lava Tree State State Monument.

On Jan. 4, acting DLNR Land Administrator Morris M. Atta, after not responding since August, made clear what the department essentially was saying by not responding. It doesn't plan to do anything.

Acknowledging that Kehena "has become a very popular recreation spot in recent years," Atta said it's unencumbered state land and the department "does not typically construct bathroom facilities on its unencumbered lands." (Unencumbered state land is not leased, set aside to other agencies, or designated for a specific use.)

The DLNR would gladly recommend the governor "set aside" Kehena for the County of Hawaii to take care of, he said. "This would preserve a natural beach and ensure the public's access rights to the shoreline." So thanks for pointing out that contrast with the state's plan, which is to let the problem fester until somebody else takes care of it. It's kind of like if your neighbor built a mountain of garbage on his property. And when you ask him to take care of the growing health concern he tells you, "Do it yourself."

But it didn't take long to see what the state has done with other unencumbered lands. For example, in 2002 the DLNR redesignated 360 acres at Kaena Point on Oahu from unencumbered status to state park reserve in order to preserve it from a similar increase in public use. According to the Honolulu Star-Bulletin, DLNR enforcement officers monitor the area with routine patrols and respond to complaints under the new state park designation. There's even a hotline for witnesses to report illegal activities. Dan Quinn, then the administrator of the DLNR state parks, explained in the story "that the recent land designation change is an attempt to preserve the resources at Kaena Point that had become damaged while the land was designated as unencumbered lands."

OK, that's more like what we're looking for here. Not the Morris Atta shuffle. By the way, Atta didn't mention the restrooms at Lava Tree State Monument, which Naeole also described as "shameful."  One issue at a time, I guess.

But good for Naeole to keep pressing. In response to Atta, she wrote back on Jan. 14, with disappointment. "We have a major sanitation problem at (Kehena), and the state must assume its management responsibility," she said. "If your policy is to not construct bathroom facilities on unencumbered lands then, while you revisit your policy, you can provide portapotties for Kehena Beach. The state must do something."

She also urged the state to look at Champagne Ponds in Kapoho as well, pointing out that the only official state bathroom in all of Puna Makai, an area of 16,500 people and untold numbers of tourists, is in "deplorable" condition at Lava Tree park.

"People are recreating on these state lands in puna with nowhere but the lava fields, the forest, or the ocean to defecate or urinate. This a harsh reality that the state needs to acknowledge and rectify immediately -- no ands, ifs, or buts," Naeole wrote.