Question: I walked Ala Moana beach (Ewa side) last week and observed a man taking several 5-gallon buckets of sand right off the beach. He took at least 30 gallons of sand. I took a picture of him and his car’s license plate. I’ve noticed him on other occasions but dismissed it. He drives a Mercedes SUV. There must be some kind of law because if everyone did this, we would have no beach. Is taking sand from a public beach illegal?
Answer: Yes, in most instances.
Hawaii Revised Statutes Section 171-58.5 prohibits “the mining or taking of sand, dead coral or coral rubble, rocks, soil or other marine deposits seaward from the shoreline.” There are certain exceptions, such as for permitted cultural practices and for approved construction and maintenance work like that done during canal-clearing or beach replenishment projects by the government.
Also, “inadvertent taking” of sand doesn’t count — that would be sand left on the body, clothes, toys, recreational equipment and bags after a beach outing. The wording in that clause is “on” not “in” — intentionally filling large buckets of sand to carry away doesn’t seem inadvertent.
People used to be allowed to take a gallon of sand per day for “reasonable, personal, non-commercial use,” but the law was amended in 2013 to make that illegal. Testimony in favor of the change cited the same problem that you highlight with your question: When a lot of people take even a little, Hawaii’s beaches are diminished.
You can read the current statute at 808ne.ws/sand take.
HRS 171-58.5 is cross-referenced with HRS 205A, which defines shoreline as “the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.”
If you see the person taking sand again, call the Department of Land and Natural Resources’ enforcement line at 643-3567. Depending on the precise location of the incident, you might be referred to another agency, but DLNR is the best place to start.
Q: Regarding the passports with chips (Kokua Line, Oct. 4, 808ne.ws/kline104). What if my passport isn’t expired but doesn’t have an electronic chip? Can I keep using it, or do I have to replace it now? I travel quite a bit, so this might come up soon.
A: Yes, you can keep using your chipless U.S. passport until it expires. There’s no need to replace a valid U.S. passport because it doesn’t have an electronic chip, according to the U.S. State Department’s Bureau of Consular Affairs, which issues passports.
Auwe
Auwe to motorists who mindlessly litter while they are driving down the road, oblivious or worse to the damage they do. Cigarette butts, sunflower seeds, fast-food receipts — none of that should be flying out a car window. Please, keep a small rubbish bag in your car. — Environmentalist
Mahalo
We, the seven women who were having breakfast at Zippy’s in Mililani on Sunday morning, Oct. 1, would sincerely like to thank the two beautiful angels Crystal and Teresa for picking up the tab for all seven of us. We were so overwhelmed by your generosity. We wish you many blessings for your kind deed, and you can be sure that we will pay it forward. We would also like to thank Michelle for her great service and patience with us every Sunday. — With great sincerity, the women of St. John Apostle and Evangelist Church
Mahalo
Mahalo to a Honolulu Police Department officer who stopped traffic for me on busy Kapolei Parkway on Oct. 2 so that I could cross. — Sincerely, a senior
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
