12/05/2024
Testimony on Proposed Rule Changes at Hulopoe Beach Park, submitted 12.4.2024:
"Dear Hulopoe Beach Park Council,
My name is Russell deJetley and I’m writing to this council to formally submit testimony and express my strong opposition to the proposed rule changes for Hulopoe Beach Park concerning drones, unmanned vehicles, kites, and surfboards with fins exceeding 12 inches, with the sole exception of fireworks.
Your proposed restrictions on drones reflect a concerning disregard for existing regulations and an overreach of your jurisdictional authority. Current rules already prohibit the launch, operation, and recovery of drones within the park boundaries. Beyond this, State and Federal laws explicitly permit the operation of unmanned vehicles outside park boundaries—specifically below the high-water mark and on adjacent public lands. It is the Federal Aviation Administration (FAA), not this council, that governs the airspace above the park. Any attempt to assert authority over airspace or surrounding public lands is not only unwarranted but an egregious overextension of power. Furthermore, during emergencies—such as inflight technical failures or the presence of manned aircraft—Federal law allows drone pilots to land wherever necessary, including within the park. These protections are entirely absent from your proposed rules.
Pulama Lanai and its representatives have repeatedly demonstrated a fundamental misunderstanding of their jurisdiction. On multiple occasions, Hulopoe Beach Park Rangers have harassed me while I was lawfully operating drones outside the park’s boundaries. This interference led to two police reports documenting incidents of harassment and obstruction of lawful flight operations. Such actions are not only improper but also illegal under federal law. Specifically, 18 U.S.C. § 32 criminalizes interference with active flight operations. Your rangers knowingly violated this statute, attempting to assert control over flights that neither originated from nor were recovered within the park.
State laws already regulate the operation of unmanned aerial vehicles within State Parks in Hawaii, prohibiting their launch, operation, and recovery within park boundaries, but imposing no restrictions outside of them. Federal regulations, which govern specific drone operations, remain outside your scope of authority. Your efforts to expand these rules to include ground and aquatic vehicles are similarly unjustified and exceed the council’s jurisdiction.
For example, SB2065, signed into law by former Governor David Ige on June 27, 2022, explicitly limits drone usage only for fishing purposes, while other activities, such as marine life reconnaissance, are lawful. Similarly, submersible unmanned vehicles operate exclusively in aquatic environments, which are well outside your jurisdiction. Unless the ocean physically relocates onto park grounds—which would then fall under the State of Hawaii’s governance—aquatic vehicles should not even be under this council’s consideration. Such overreach is inappropriate and unsupported by any legal framework.
Furthermore, the proposal to restrict individuals from entering the park with unmanned vehicles, surfboards with fins exceeding 12 inches, or kites is a clear violation of the public’s right to transit through public rights-of-way. The 1987 Memorandum of Agreement between Lanai Company, Inc., and Lanaians for Sensible Growth ensures open access to the park, including parking. Denying entry or discriminating against individuals based on possession of items deemed “prohibited” violates this agreement. Prohibiting the mere possession—without operation—of these items within the park constitutes an unacceptable abuse of authority. Hulopoe Beach Park is obligated to honor the terms of this agreement and uphold public access rights.
Finally, I strongly support the prohibition of consumer-grade fireworks or other pyrotechnics within Hulopoe Beach Park. Fireworks are already prohibited on state beaches, and users frequently leave litter behind, creating environmental hazards. More critically, the tragic loss of life during the Lahaina wildfire highlights the catastrophic risk associated with such activities. Hulopoe Beach Park’s limited access—one way in and one way out—could result in hundreds of people being trapped in the event of a wildfire caused by fireworks. The use of fireworks, especially during high-risk times such as New Year’s, poses an unacceptable danger to park visitors and the surrounding area. I commend the major landowner for proactively staging water trucks to mitigate fire risks during aerial shows, but the risk posed by consumer-grade fireworks is too great to ignore.
In conclusion, while I oppose the council's other proposed rule changes, I firmly support the prohibition of consumer-grade fireworks. This measure is a necessary step to protect the safety of park visitors and preserve the environmental integrity of Hulopoe Beach Park. I urge the council to focus on this critical issue while respecting the jurisdictional boundaries established by federal, state, and local laws.
Respectfully,
Russell deJetley"
I'm a photographer and investigative journalist revealing the environmental impact of illicit activities through my lens to foster change and promote justice.
