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January 3, 2018 by Peter T Young Leave a Comment

Shoreline Certification Process

Shorelines are “certified” for County setback purposes. Local building and planning departments require that improvements are not placed too close to the coast, so setbacks from the certified shoreline are imposed on improvements.

Certified shorelines do not determine ownership; they serve as reference points in determining where improvements may be placed on a waterfront property.

The intent of shoreline setbacks include:

Protect coastal structures
Maintain access to and along the shoreline
Allow for natural beach/coastal processes
Maintain open space and view planes to, from and along the shoreline

“Shoreline” means 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. (HRS §205A-1)

To certify a shoreline, typically, a coastal property owner will hire a private surveyor to prepare a survey map and provide photos of the shoreline area of the property. The State land surveyor then reviews the map, photographs and other appropriate documents.

When I was at DLNR, we started the practice of having someone from DLNR’s Office of Conservation and Coastal Lands assist in shoreline site inspections. Through a partnership with DAGS and UH SeaGrant, we had a SeaGrant agent staged in the OCCL office who conducted shoreline inspections.

When the State surveyor is satisfied with the location of the shoreline, after reviewing the public comments, the maps and photos prepared by the private surveyor and site inspection, he will forward the shoreline maps to the Chairperson of DLNR, for final review and approval.

A notice is posted through OEQC (Environmental Notice) telling the public of the proposed shoreline certification – members of the public have 15-days to appeal the certification.

As Chairperson of the Land Board, I signed the map and certified the shoreline of the coastal property. The certification is valid for only 12-months. (Shorelines can change over time, due to natural coastal processes, so certifications are effective for a limited time.)

Remember, the State does not rely on the “certification” line as the property’s “boundary” line.

When property boundaries and ownership are at issue, the State of Hawai’i does not rely on shoreline certifications, but instead takes a more rigorous approach to locating the property’s seaward boundary.

The State has the responsibility to protect and preserve the State’s (the public’s) interest in its property. It vigorously defends ownership and these rights on behalf of the people of the State of Hawai’i.

When shorefront property owners bring quiet title actions (lawsuits seeking the court’s determination of ownership,) the State enters the action to preserve all of its rights and title to its coastal property.

In all such cases, the State Surveyor will conduct an actual on-site survey of the boundary line and not rely on certified shorelines or surveys done by private surveyors.

Ultimately, in title actions, the court decides ownership of the property and the boundary line dividing ownership between private and public lands.

State law says that the right of access to Hawaii’s shorelines includes the right of transit along the shorelines; the public right of transit along the shoreline exists below the private property line.

Some people inadvertently (and, unfortunately, some covertly) do things in the shoreline area without a permit; permits are required for work in this area. A prior owner may have done something, but the liability and responsibility to correct it ends up with the present owner.

Some of our consulting work has included helping people correct (eliminate and/or subsequently permit) encroachments (walls, rocks, docks, vegetation, etc) beyond the shoreline and private property owner’s boundary line.

The photo shows possible issues with seawalls; other issues of concern are the obvious purposeful-placement of rocks within the wash of the waves – vegetation encroaching beyond a property line is a related concern. Each of these requires a permit.

We feel strongly that it is important to correct past errors, not ignore them (even if they were pre-existing when an owner bought the property.) Likewise, people should get a permit for any work near the shoreline area.

We are willing to work people through the process of getting a permit to do something new or to correct prior mistakes. If you think we can be of help, please give us a call.

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January 2, 2018 by Peter T Young Leave a Comment

Going Green

ʻŌmaʻomaʻo means green.

Mānoa Valley was a favored spot of the Ali‘i, including Kamehameha I, Chief Boki (Governor of O‘ahu), Haʻalilio (an advisor to King Kamehameha III,) Princess Victoria, Kanaʻina (father of King Lunalilo), Lunalilo, Keʻelikōlani (half-sister of Kamehameha IV) and Queen Lili‘uokalani. The chiefs lived on the west side, the maka‘āinana (commoners) on the east.

Queen Kaʻahumanu lived there; her home was called Pukaʻōmaʻomaʻo (Green Gateway) was situated deep in the valley (lit., green opening; referring to its green painted doors and blinds – It is alternatively referred to as Pukaʻōmaʻo.)

“Her residence is beautifully situated and the selection of the spot quite in taste. The house … stands on the height of a gently swelling knoll, commanding, in front, an open and extensive view of all the rich plantations of the valley …”

“… of the mountain streams meandering through them … of the district of Waititi; and of Diamond Hill, and a considerable part of the plain, with the ocean far beyond.” (Stewart; Sterling & Summers)

It was doubtless the same sort of grass house which was in general use, although probably more spacious and elaborate as befitted a queen. The dimension in one direction was 60 feet. The place name of the area was known as Kahoiwai, or “Returning Waters.”

“Immediately behind the house, and partially flanking it on either side, is a delightful grove of the dark leaved and crimson blossomed ʻŌhia, so thick and so shady … filled with cool and retired walks and natural retreats, and echoing to the cheerful notes of the little songsters, who find security in its shades to build their nests and lay their young.”

“The view of the head of the valley inland, from the clumps and single trees edging this copse, is very rich and beautiful; presenting a circuit of two or three miles delightfully variegated by hill and dale, wood and lawn, and enclosed in a sweep of splendid mountains, one of which in the centre rises to a height of three thousand feet.”

“In one edge of this grove, a few rods from the house, stands a little cottage built by Kaahumanu, for the accommodation of the missionaries who visit her when at this residence. …”

“(It) is very frequently occupied a day or two at a time, by one and another of the families most enervated by the heat and dust, the toil, and various exhausting cares of the establishment at the sea-shore.“ (Stewart; Sterling & Summers)

“Not far makai … High Chief Kalanimōku, had very early allotted to the Mission the use of farm plots thus noted in its journal of June, 1823: “On Monday the 2d, Krimakoo and the king’s mother granted to the brethren three small pieces of land cultivated …”

“… with taro, potatoes, bananas, melons, &c. and containing nineteen bread-fruit trees, from which they may derive no small portion of the fruit and vegetables needed by the family.” (Damon)

Then, in mid-1832, Kaʻahumanu became ill and was taken to her house in Mānoa, where a bed of maile and leaves of ginger was prepared. “Her strength failed daily. She was gentle as a lamb, and treated her attendants with great tenderness. She would say to her waiting women, ‘Do sit down; you are very tired; I make you weary.’” (Bingham)

“The king, his sister, other members of the aliʻi and many retainers had already arrived at Pukaomaomao and had dressed the large grass house for the dying queen’s last homecoming. The walls of the main room had been hung with ropes of sweet maile and decorated with lehua blossoms and great stalks of fragrant mountain ginger.”

“The couch upon which Kaahumanu was to rest had been prepared with loving care. Spread first with sweet-scented maile and ginger leaves, it was then covered with a golden velvet coverlet. At the head and foot stood towering leather kahilis. Over a chair nearby was draped the Kamehameha feather cloak which had been worn by Kaahumanu since the monarch’s death.” (Mellon; Sterling & Summers)

“The slow and solemn tolling of the bell struck on the pained ear as it had never done before in the Sandwich Islands. In other bereavements, after the Gospel took effect, we had not only had the care and promise of our heavenly Father, but a queen-mother remaining, whose force, integrity, and kindness, could be relied on still.”

“But words can but feebly express the emotions that struggled in the bosoms of some who counted themselves mourners in those solemn hours; while memory glanced back through her most singular history, and faith followed her course onward, far into the future.” (Hiram Bingham)

Her death took place at ten minutes past 3 o’clock on the morning of June 5, 1832, “after an illness of about 3 weeks in which she exhibited her unabated attachment to the Christian teachers and reliance on Christ, her Saviour.” (Hiram Bingham)

There is another reference related to Ka‘ahumanu and the color green … “She, and some others, much wish to have bonnets – this is a pleasant circumstance to us. The inquiry has sometimes been made, in our letters, what could be sent as presents that would please these waihines.”

“Indeed, I have hinted to the queen, that perhaps some of the good ladies in America since she was attending to the palapala, would probably send her one.”

“Considering that, I would here request, that if it could easily be done, one, at least, might be sent by an early conveyance. As soon as I can have a green one, I shall present mine where I think it will do the most good”. (Sybil Bingham Journal, October 4, 1822)

It’s not clear if there is a direct association with Ka‘ahumanu and any preference for the color green – if so, then these references are interesting coincidences.

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Reportedly-Kanaʻina was kāhili bearer and attendant to Ka’ahumanu

January 1, 2018 by Peter T Young 3 Comments

Happy New Year!!!

When we were kids, we weren’t allowed to set off fireworks.

Our parents told us our uncle had lost an eye and they wanted to make sure that didn’t happen to us.

It never dawned on me, then; but, I never had an uncle with one eye … hmmm.

I still can’t believe we bit that one. (It is right up there with my sister convincing her kids that it was “white chocolate milk” in their glasses.)

Anyway, we only did sparklers – now, you can’t even do that.

I realize it is simply a change in the movement on the clock and the turning of the page on the calendar, but we still celebrate this change with anticipation and optimism.

Happy New Year, everyone!!!

December 30, 2017 by Peter T Young Leave a Comment

Hale Mua

Fishing, the making of fishing gear and canoes, the care and housing of canoes and fishing gear, fighting, and the making of weapons were essentially men’s activities (although there are accounts of famous women warriors).

Every aspect of taro economy and culture was man’s work; the making and tending of fields and irrigated terraces and irrigation ditches, planting, cultivating and harvesting taro, steaming it in the ground oven, peeling it, and pounding the steamed corms to make poi for the womenfolk, as well as for men and boys.

The erection of every kind of house and shed was man’s work. For most family rituals the male head of the family functioned as family priest, just as in the greater rituals of community and state the professional priests were men. (Handy & Pukui)

Kauhale means homestead, and when there were a number of kauhale close together the same term was used. The old Hawaiians had no conception of village or town as a corporate social entity; there was no term for village.

The kauhale were scattered near streams in valley bottoms; each family kauhale was right beside its lo’i. A spring (or springs) was sometimes the reason for a village-like conglomeration of homesteads – again, families focused on the water source.

Traditional hale (‘house’, ‘building’) were constructed of native woods lashed together with cordage most often made from olonā. Pili grass was a preferred thatching that added a pleasant odor to a new hale. Lauhala (pandanus leaves) or ti leaf bundles called peʻa were other covering materials used.

Unlike our housing today, the single ‘hale’ was not necessarily the ‘home.’ The traditional Hawaiian home was the kauhale (Lit., plural house;) this was a group of structures forming the living compound – homestead – with each building serving a specific purpose.

The main structure within the kauhale household complex was the common house, or hale noa, in which all the family members slept at night. It was the largest building within a family compound and the most weatherproof. (Loubser)

Other structures included hale mua (men’s meeting/eating house,) hale ʻāina (women’s eating house,) hale peʻa (menstruation house) and other needed structures (those for canoe makers, others used to house fishing gear, etc.)

The terrain and the subsistence lifestyle and economy created the dispersed community of scattered homesteads. Typically, a Hawaiian family’s homestead stood in relative isolation.

‘At the age of 3 or 4, (a high ranking male child) was placed in the mua and his eating made kapu (or taboo) …’ Non-elite male children were also consecrated in hale mua after birth. (Dixon)

Archaeological investigations conducted on hale mua have identified evidence of presumed male food consumption (bones from pig and some large pelagic fish, species taboo to women) and male domestic activities (stone tool making).

The daily implementation of the kapu in non-elite Hawaiian family life was presumably more complex, as were gender specific activities such as tool making. (Dixon) Near it was the imu or oven in which the men cooked their food.

The mua or menʻs eating house was a sacred place from which women were excluded. It was the place where the men and older boys ate their meals and where the head of the family offered the daily offerings of ʻawa to the family ʻaumakua. Here men and family gods ate together; women, were not allowed to enter here.

The daily offering was never omitted and if the head of the family was unable to perform his duty, he appointed some one to do it. The prayers were for the welfare of the ruling chief and for the family itself.

When a serious problem arose, such as a new venture to be attempted or sickness in the family, the head of the family slept in the Mua, where the family gods would give him directions as to what to do.

Thus the Mua served both as a place for the men to eat and a meeting place with the family gods. At one end of the mua was an altar (kuahu) dedicated to the family ʻaumakua whose effigies stood there.

Here the head of the household prayed and performed necessary rites sometimes without, sometimes with the aid of a kahuna pule, when came the time for the rites of the life cycle such as birth, cutting the foreskin, sickness and death. (Handy & Pukui)

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December 29, 2017 by Peter T Young Leave a Comment

John Fawcett Pogue

Maria Kapule Whitney was born October 19, 1820 to the Pioneer Company missionaries/teachers, Samuel and Mercy Whitney.

She was “the first haole girl to be born in the Hawaiian archipelago,” and named for Kauai Chiefess Kapule, wife of Kauai’s King Kaumualiʻi. Maria went to the mainland at the age of six to be educated. She graduated class of 1840 from Mt. Holyoke College.

John Fawcett Pogue son of William and Ruth Pogue, was born in Wilmington, Delaware on December 29, 1814. He graduated from Marietta College, 1840, and Lane Theological Seminary, 1843.

Ordained as a missionary minister on November 6, 1843, he was part of the 11th Company of American Board of Commissioners for Foreign Missions, sailing from Boston Harbor on December 4, 1843, arriving in the Islands on July 15, 1844. Maria Kapule Whitney was also part of the 11th Company and served as an educator.

Pogue, an active, eager young associate, first served at Kōloa, Kauai, until July, 1847, then he went to Kealakekua Bay.

John and Maria married on May 29, 1848. (They eventually had four children, Samuel Whitney 1849-1902; Jane Knox 1851-1932; Emily Elizabeth 1853-1910 and William Fawcett 1856-1952.)

Pogue was later assigned to lead Lahainaluna Seminary; he followed prior principals, Rev Lorrin Andrews, Rev Sheldon Dibble, Rev John S Emerson, Rev William P Alexander and Rev Timothy D Hunt. (Alexander)

The school had been established in 1831 by the American Protestant missionaries of the American Board of Commissioners for Foreign Missions.

It was dedicated to three major principles: 1) to train native men to become assistant teachers of the Christian religion; 2) to spread sound knowledge of literature and science to elevate the Hawaiian people from their present ignorance of these subjects; and 3) to qualify Hawaiians to be school teachers to their own people.

The school began with one teacher, the Reverend Lorrin Andrews, who was also its principal and a member of its board of directors. Four other ordained ministers made up the board.

The school followed the pattern of education in Head, Heart and Hand, with instruction in secular subjects, religious and moral training and also to teach technical subjects such as printing and methods of agriculture.

Not long after its opening, the school became a boarding school and began to earn a reputation as Hawaii’s most educational institution. It was called the Mission Seminary and one of its important objectives was to train Hawaiians for the ministry. (Joerger)

The pupils of the seminary were the most promising youth from fourteen to twenty years of age who could be selected from the schools of the islands. Tuition was free; but the pupils were obliged to provide their own food, which they did by cultivating a fine tract of taro land.

To the Hawaiian people this institution was a university, completing their education for school-teaching, for law practice and civil service, and for the ministry. (Alexander) Graduates of Lahainaluna began to fill their places in Hawaiian society.

In time the graduates of this one institution made up the Hawaiian Christian ministers, scholars, politicians, lawyers, government officials, and the like, who were directing much of the course of Hawaiian life in the Kingdom.

In 1849 the mission decided that it could no longer support completely Lahainaluna. In that year, the school came under the control of the government of the Hawaiian Kingdom. But the mission still preserved its influence over the curriculum and the selection of teachers.

Moreover, the school began to concentrate on secular subjects and to decrease its training for the ministry. This change was primarily undertaken because other seminaries then existed for the training of Hawaiians for the ministry.

Instead the curriculum continued to teach both academic subjects such as literature and science and theology and practical subjects such as bookkeeping and in the manual arts such as agriculture.

Reverend Pogue spent ten years as the principal of Lahainaluna, after he had spent many previous years there as a teacher. During his administration the main building was destroyed by fire.

And it is to the credit of the school and its standing in the Islands that while the Government provided the main support in money, the community responded with donations for the rebuilding project. Three new and elegant, convenient buildings were completed while the Reverend Pogue was still principal.

In 1865, a further change in the status of the school occurred when it was placed under the direction of the Board of Education. Lahainaluna then became an ordinary, government school. In 1866 Reverend Pogue ended his years as principal of the school. (Joerger)

Pogue then went to Waiohinu (1866-69) then later served as Secretary to the Hawaii Evangelical Association. Rev John F Pogue died suddenly of Bright’s disease (chronic inflammation of the kidneys), December 4, 1877, at Laramie, Wyoming, while on a trip to the US; in 1882 Maria and her family relocated to California. She died in Santa Clara on April 20, 1900.

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