Perpetual Conservation Easement provides access to Hawea Point

DOCARE officers and Hawai‘i Land Trust representatives tour Hawea Point in West Maui on Feb. 4. PHOTOS BY THE STATE DEPARTMENT OF LAND & NATURAL RESOURCES.
KAPALUA — On Friday, Feb. 4, a trio of officers from the state Department of Land & Natural Resources’ Division of Conservation and Resources Enforcement (DOCARE) met with two representatives from Hawai’i Land Trust, which holds a conservation easement at Hawea Point in West Maui.
The owner of an adjacent home in the area has responded to loud noise and alcohol and drug use among young people jumping off shoreline cliffs and into the ocean by putting up now defaced, official-looking signs and by posting a security guard.
Activity below the house is monitored by a security camera.
Hawai’i Land Trust Director of ‘Aina Protection and General Counsel Shae Kamaka’ala said, “This Conservation Easement, protecting public access and recreation in perpetuity, was created out of a settlement agreement with the original developers and concerned community groups. Hawai’i Land Trust adopted the stewardship of this Conservation Easement in 2004, covering roughly two acres.”
Over the last few weeks DOCARE officers have been called to the area after homeowner complaints, as well as push-back from ocean users who claim the homeowner has tried to restrict access to the ocean by stationing a security guard and by putting up the signs.
While land title and jurisdiction along this coastline is unclear, “the trail is on private property, but access to the water is protected by the Conservation Easement,” explained James Crowe, ‘aina stewardship manager for Hawai’i Land Trust.
“As you near the part of the trail where you can see the Cliff House, everything makai (ocean side) of the trail belongs to the state. The concrete platform where the homeowner’s security guard sits is private property, protected for public access and recreational use. The land makai of the platform is public land, but the land above that part of the trail is private property, not subject to the Conservation Easement.”
Hawai’i Land Trust requested the homeowner to no longer have a security guard on site.
“Public access and recreational use protected by Conservation Easements, is limited by the laws restricting recreational use, whether they be county, state or federal laws,” Kamaka’ala commented. Those rules include no playing of loud music or drug and alcohol use.
Visitors should also be aware that there are no trash cans or restrooms at Hawea Point, and they should plan accordingly to avoid impacting the land or water in any way.
Kamaka’ala added, “Shoreline access is a right derived by the Traditional & Customary use of the indigenous peoples of Hawai’i. Hawai’i Land Trust understands that Hawea Point is an important ice box for ‘ohana (families) of this area and perhaps resting grounds of ‘iwi kupuna. We ask that everyone who enjoys, lives and uses the area for access and recreation to also respect and acknowledge those who came before them.”
“Hawea Point is one of many places on Maui and around the state where large groups of people tend to congregate. We ask everyone at Hawea Point, whether they are property owners or recreational users, to respect everyone’s right to enjoyment of their private property and use of the public lands there,” said DOCARE Chief Jason Redulla.