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State approves alcohol ban at sandbar

The state Board of Land and Natural Resources approved a three-year alcohol ban at the Kaneohe sandbar on three holiday weekends, building upon an emergency rule that has curbed unruly activity.

The Land Board approved Friday an amendment to boating rules, banning alcohol, drugs and disorderly conduct within the Ahu o Laka safety zone on Memorial Day, Fourth of July and Labor Day weekend. The rule will be sent to the governor’s office for final approval.

After the three-year period, officials will assess the ban’s effectiveness. Board Chairman William Aila Jr. said the ban will continue to curb unwanted activity.

Last summer, overcrowding at the sandbar significantly dropped after the state imposed a 120-day emergency rule following the death of a 26-year-old man who was involved in a fight at Heeia Kea Small Boat Harbor during Memorial Day weekend.

Enforcement officers issued eight citations of unauthorized possession of alcohol during the 120-day period. Fines for violators ranged from $50 to $500.

Opponents who testified at Friday’s hearing said the presence of law enforcement, not the emergency rule, reduced disorderly conduct at the sandbar. Instead of imposing a ban, they called for more presence, primarily during afternoon hours. Rick White of Kailua said violators issued citations for alcohol possession during the emergency rule were not cited for disorderly conduct.

Former Land Board Chairman Peter Young, who grew up at Kaneohe Bay, testified that while he is in favor of a rule at the sandbar, he is concerned about the approach of the proposed amendment.

"People will go the bay, but other parts of the bay," he said. Young also said it may push boaters to anchor near coral reefs. "I don’t think it approaches a solution. It’ll just move them to another time and place," he added.

Acting Chief Randy Awo of DLNR’s Division of Conservation and Resources Enforcement said officers are responsible for enforcing laws that cover 3 million acres of state marine waters, 23,000 acres of inland surface waters and 410 acres of coral reef. Hawaii has the fourth-longest coastline in the U.S. and the largest tropical forest and the 11th-largest forest reserve in the nation.

Ahu o Laka is a small piece of what enforcement officers do, said Awo. "We have to take into account every other issue, every other need that ties us to what I just described." Enforcement officers stayed at the sandbar until sundown during the emergency rule. "That has been the practice, and that’s what we try to do. But understand that we have other responsibilities constantly that must be met as well," he said.

Mahealani Cypher of the Koolau Foundation, an organization whose mission is to preserve and perpetuate Hawaiian culture and cultural resources, testified in support of the proposed rule. "We’re concerned about the growing crowds of people in Kaneohe Bay, particularly around (Ahu o Laka). And we’re grateful that you’re considering strengthening your rules to protect the area and for the public safety because that’s one of the concerns we’ve always had was public safety," said Cypher.

Leialoha "Rocky" Kaluhiwa, who lives across from the sandbar, supports the ban, saying everyone can work together to keep Ahu o Laka a peaceful and respectful place for everyone to enjoy.

The Land Board also approved a proposal that requires all boat operators to complete a safety course to operate a power-driven vessel in state waters. The course has to be approved by the National Association of State Boating Law Administrators.

The new rule also requires that any individual under 16 shall not operate a power-driven vessel unless he or she has a certificate on boat safety and is accompanied by a person 21 or older who also has a certificate. "We’ve had an increasing number of boating fatalities as well as boating accidents," said Aila after the hearing. "The idea is with education we can reduce accidents and fatalities and damage to our natural resources."

The rule will go into effect 24 months after the rule is signed by the governor.