From:
Bruce Pleas <hisurf3@hawaii.rr.com>
To: Clements, Thomas H CIV PMRF <thomas.h.clements@navy.mil>
Date: Wed Jun 23, 2004 08:49:20 PM PDT
Subject: Re: PMRF MOA
Attachments:PMRF
MOA revised 27 MAR04.doc
Aloha
Thomas,
Mahalo for speaking with us last night and here is what
I came up with on the first reading of the MOA part of
the attachment you sent me. I have not compared it to
the last MOA so I can not comment on the changes. I only
have one suggestion and one comment on the MOA which follow.
I believe I have another copy of the 1940-41 set aside
documents, you should have them on file at PMRF as I have
provided multiple copies to PMRF or I can provide the
original copy of the Executive Order set aside documents
I have at home for you to copy.
Suggestion
In this following section from the MOA even though it
is stated in an above paragraph that some items are prohibited,
the following section may lead to confusion as it seems
to be an incomplete sentence that leaves you hanging as
to what the "possession of spear guns, etc"
part is for. I have added what I would consider and appropriate
finish to this sentence to avoid confusion.
* Although most implements used for fishing are authorized,
possession of spear guns, firearms, explosives, destructive
devices, fireworks, incendiaries, or any type of weapon.
I would add "are prohibited." It is a little
redundant but I think the repeat of "are prohibited"
will make this part of the MOA more clear.
Comment
All I have is a comment on the following statement in
the MOA (Some Kauai residents will not sign this MOA just
because of this statement). In the Executive Order for
the set asides of public lands for the use and purposes
of the Mana Airport Military Reservation to the United
States of America from the Territorial Government of Hawaii
dated 1940 and 1941 it states that "The land described
is set aside upon the understanding that access to the
shore for the purpose of fishing will be denied only on
the portion used for bombing and that only while same
is actually in progress or about to commence." From
this official document that sets aside the Mana Airport
Military Reservation for use of the United States it says
that our (the publics) right to access the shore line
is a right and only can be denied "on the portion
used for bombing and that only while same is actually
in progress or about to commence."
Statement from the MOA-"Finally, I acknowledge that
PMRF access is a privilege, not a right, and access may
be withdrawn at any time at the sole discretion of Commanding
Officer, PMRF."
This is the bone of contention on beach access that I
have with PMRF and I hope that over the near future we
can work out the details so that the surfing and fishing
public of Kauai can use this unique recreational and cultural
area of Kauai (that is actually a STATE BEACH and not
Federal property-at least in any documents I have seen)
as it has been used in the past, without jeopardizing
the operations and security of PMRF.
Aloha,
Bruce Pleas
(808) 337-9509
