LIHU‘E — The Kaua‘i County Council gave final and unanimous approval Wednesday on a bill that bans fishing at Morgan’s Ponds in Lydgate Beach Park, a popular recreational spot utilized by visitors and local residents. “Not allowing people to put
LIHU‘E — The Kaua‘i County Council gave final and unanimous approval Wednesday on a bill that bans fishing at Morgan’s Ponds in Lydgate Beach Park, a popular recreational spot utilized by visitors and local residents.
“Not allowing people to put hooks … and spearfishing, and shooting fish in a barrel,” in a very limited area at Lydgate, would not significantly impact Native Hawaiian gathering rights, said Councilman Tim Bynum, adding that the bill provides a safe environment for children.
Bill 2452 makes it illegal to take, injure, possess or remove any fish, crustacean, mollusk (including sea shell and ‘opihi), live coral, algae or limu, or any marine life, eggs included, from Morgan’s Ponds.
Altering, defacing, destroying, possessing or removing any sand, coral, rock or geological feature from the ponds is also prohibited.
Attempting to fish for, catch or harvest marine life is considered a violation.
Penalties would start at $100 for the first violation, and could go up to $500, depending on the number of re-offenses.
Since it was first introduced at first reading on Oct. 10, the bill went through a few deferrals while at the council’s Parks and Recreation Committee and then again on second and final reading Nov. 28. The main reason was a concern for a potential violation of Native Hawaiian rights.
Council Chair Jay Furfaro, who was absent for personal reasons at the final vote, said at a Dec. 2 meeting that there was no intent in interrupting Public Access Shoreline Hawai‘i rights to Native Hawaiians, all they had to do is show their ancestor lineage.
On Wednesday, County Attorney Al Castillo said the new law does not interfere with PASH rights for Native Hawaiians.
Although the area would normally be under jurisdiction of the state Department of Land and Natural Resources, the county has long taken responsibility over the ponds.
“We do have jurisdiction in this area, granted in 1995, and reiterated in 2013,” Castillo said.
The bill becomes effective as soon as Mayor Bernard Carvalho Jr. signs it. He could also veto the bill (Carvalho has never vetoed a bill since taking office in 2008), but a super-majority of five would override a veto.
The bill calls for the county Department of Parks and Recreation, or a designated representative, to post “No fishing” signs at the entrance of the ponds, in the vicinity of the lifeguard stand and in other places where the Parks and Recreation Director Lenny Rapozo decides it’s appropriate.
