The Rock Island Riders is an active member organization of the Mauna Kea Recreational Users Group. Two of our own are leaders in this group. Wayne Blyth is the Chairman and Dennis Vierra is the OHV Committee Chairman. Please support them by signing up. You can be sure that we will have a ‘seat at the table’.
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What the Mauna Kea Recreational Users Group has to say:
http://maunakearug.com/blog/2010/05/18/public-use-of-public-lands-a-right-or-a-privilege/
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The Rock Island Riders is a member of the Mauna Kea Recreational Users Group. The MKRUG Council has been reviewing the circumstances leading up to the cancellation of the Mauna Kea 200.
The other user groups feel that, although motorcycles and ATVs are everyones favorite whipping boys right now, should this kind of treatment become common, they will be subjected to the same treatment also.
To express the concerns the Mauna Kea Recreational Users Group sent this letter to Laura Thielen, the head of DLNR.
Letter and attachment: Thielen-100423-original-all
Letter:”
April 23, 2010
Laura Thielen, Chair
Department of Land and Natural Resources
1151 Punchbowl Street
Honolulu, Hawaii 96813
Reference: “Special Use Permit Procedures for the Rock Island Riders, for
its Mauna Kea 200 ATV/Dirt Bike Event within the Waiakea, Upper Waiakea
and Mauna Kea Forest Reserves” DLNR‐DOFAW Letter to Ed Ung from
Roger Imoto dated February 8, 2010. Copy attached.
Dear Chairperson Thielen:
The Mauna Kea Recreational Users Group was formed to unite the
recreational users of public lands and maintain the public’s right of access
and ensure maximum opportunity for responsible public use of Hawaii
lands. This communication’s purpose is to bring to your attention our
concerns over actions taken by members of your department that have
effectively deprived citizens of reasonable access to, and lawful use of
public land. In addition to providing an illustration of overreaching
authority and unsupported rule‐making “on the fly” by the department, the
financial consequence of imposing arbitrary bureaucratic mandates is also
addressed.
The Mauna Kea 200 is an annual off‐road vehicle race that has been
conducted on the Island of Hawaii since 1976. It derives its name both from
the United States bicentennial that was celebrated in the year of its
inception and the course length in miles. The event has a reputation for its
challenge and has received worldwide publicity. In its 30 plus year history,
the race has attracted some of the nation’s top riders.
The Mauna Kea 200 is promoted by the Rock Island Riders, an organization
composed of local off‐road riding enthusiasts. The club is a not‐for‐profit
organization, and the race is supported primarily by members’ sweat equity. Entry
fees charged are used to offset out‐of‐pocket race expenses. The course is run in the
Waiakea and Mauna Kea Forest Reserves, and has been conducted under DLNR
supervision since 1983.
Race preparation requires a six‐month planning effort. A major task consists of
clearing vegetative overgrowth from the plantation grid roads in the Waiakea
Timber Management Area, which also provide a no‐cost benefit to other users of the
forest reserve. Additional tasks include placement of temporary course route
markers, all of which are removed at the conclusion of the race. In its prior 33 year
history there has been no complaint of damage to any natural resource.
On February 8, responding to a January 6 letter from the Rock Island Riders, the Hilo
office of the DLNR Division of Forestry and Wildlife presented race promoters with a
four‐page list of compliance requirements (attached letter) for the 2010 Mauna Kea
200. Included were mandates previously not required nor expected, and with which
DOFAW certainly should have been aware that a local club, with the limited
resources of the Rock Island Riders, could not comply. The most egregious examples
of heavy‐handed DOFAW demands and bureaucratic micro‐management are
summarized below (italicized):
1. Submission of a Letter of Request to DOFAW indicating the proposed race route
120 days prior to the event. Why does it take 4 months to evaluate a race route,
particularly since the majority of it has been used for over 3 decades?
2. Advance payment of a $2,500 “restoration fee” deposit. Where does a local club
come up with such money? Where is the statute or administrative rule on which
such a mandatory deposit is based? HRS 198D‐12 specifies a maximum fine of that
amount for a first conviction of Statewide Trail and Access System rules violation,
and a portion of the race is run on the Mauna Kea multi‐use access road R1, which
coincidently has been designated part of the Na Ala Hele Trails System. Does this
required payment represent a peremptory fine for an anticipated but not committed
nor judged trails system violation?
3. Hiring of two off‐duty DOCARE officers, although their service is specifically not
guaranteed in the stated requirement. What is the basis for this requirement that
was not necessary in past events?
4. A 100 percent increase in liability insurance coverage from one to two million
dollars. What is the basis for the increase?
5. Issuance of the required Special Use Permit only 20 days preceding the event. If
DOFAW requires 4 months to evaluate a route used previously why can it only issue
a permit 3 weeks in advance of the race? It is impossible to conduct the advanced
planning necessary and make requisite commitments under such uncertainty.
6. Violation of any permit condition removes subsequent applicant eligibility for two
years from the date of the last permit. An innocent oversight violation of any
condition in the four pages of micro‐management minutia would create an
ineligibility period of three years, actually, when the previously described 120 and 20
day requirements are factored. What is the authorizing statute or rule that supports
such punitive action?
7. Requiring “permission” vouchers from “land owners or agencies” that include
HELCO, State Highways, County Police, “local Mountain Biking Club”, and “Pig
Hunters Association”. No such named user organizations exist and no contact
information was provided. If any of these entities were uninterested, unidentifiable
or otherwise unresponsive, how could the Rock Island Riders possibly comply?
Additional examples of poor execution in the preparation of the document and its
attempt to manipulate every aspect of a previously successful event are readily
apparent. Two questions arise; why were these excessive requirements added and
why were they approved by DOFAW management?
A meeting was held on February 10, 2010 between DOFAW management and the
Rock Island Riders in an attempt to ameliorate the turmoil initiated by the new
compliance requirements presented. The arrogant and confrontational demeanor of
the DOFAW staff member who we believe composed, but did not sign, the
referenced letter was unprofessional and counter productive. The meeting ended
without resolution of substance. A revised letter received the following day failed to
provide significant relief. With time of the essence and little prospect of reaching a
reasonable agreement, the Rock Island Riders felt there was no alternative but to
announce the cancellation of the Mauna Kea 200 for 2010.
The Mauna Kea Recreational Users Group was formed to represent legitimate and
responsible users of public land such as the Rock Island Riders and the world class
Mauna Kea 200 event they sponsor. Such users are growing increasingly resentful at
the arbitrary and capricious actions of public servants who use their positions to
deprive fellow citizens of their rightful recreational activities. It is for this reason
that we have brought this matter to your attention.
There are many good people in DLNR who do an excellent job of serving the public.
Unfortunately there are some, as in this case, whose concept of public service is
flawed and who exceed their rightful authority. The Mauna Kea 200 would have
been held in about five weeks on Memorial Day weekend. The irresponsible actions
that caused the event cancellation has cost the economy of the State of Hawaii an
estimated $750,000. Financial loss at any time is unfortunate, but is particularly
troubling in our current economic environment. This was, sadly, entirely avoidable.
We believe your investigation will find the Rock Island Riders to be one of the most
responsible organizations on the island, and that a large number of people are
extremely concerned and disappointed at the perceived abuse. We hope you will
take appropriate corrective action to improve the quality of service provided by your
department that the public deserves. This will hopefully enable the Mauna Kea 200
to resume in 2011 and ensure public access to public lands.
Sincerely,
Wayne Blyth
Chairman
cc: Mr. Paul Conry, DOFAW
Senator Russell Kokubun, State Senate
Senator Dwight Takamine, State Senate
Representative Jerry Chang, State House of Representatives
Representative Clift Tsuji, State House of Representatives
Representative Mark Nakashima, State House of Representatives
Mayor Billy Kenoi, County of Hawaii
Councilman Donald Ikeda, Hawaii County Council
Councilman Dominic Yagong, Hawaii County Council
Ed Ung, Rock Island Riders
Chuck Johnston, Hawaii Fishing News
“
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Many people have asked us about the details leading up to the cancellation of the 2010 MK200. The following time line may help to answer these questions.
1/6/10, Wednesday – The RIR wrote a letter to Irving Kawashima requesting a working permit for the Rock Island Riders. dlnr-permit-request-100105
1/21/10, Thursday – Ed Ung calls to inquire about the permit. He was told by Mr. Kawashima that he got the letter and was reviewing the request.
1/29/10, Friday – Hoping to get started that weekend and not hearing back yet from Mr Kawashima, Ed called him again. Mr Kawashima told Ed that he needed a map of the course. Ed tried to explain that we haven’t been able to investigate for a course without a permit and therefor our request. Mr Kawashima again insisted saying that like previous years, he needed a map. Actually this is the first time that we have been required to submit a map first be fore getting a working permit. In fact for the 2009 event we had our working permit in December of 2008.
1/30/10, Saturday – Thinking that we made a mistake in addressing our request to Mr. Kawashima and very concerned that we were losing another weekend opportunity to work the event we drafted the following letter to Roger Imoto, the Hawaii branch manager of DOFAW. This letter was hand delivered Monday morning. Imoto-100130-wo_notes
We did not hear from Mr. Imoto but we did hear from Mr. Kawashima. He again insisted that he needed a map. We decided that rather than delay moving forward with our planning we would submit a map of the 2009 event with the understanding that it would be used as a starting point for planning the route for 2010. This was done. We were subsequently told that our working permit would be available from Mr. Kawashima.
2/4/10, Thursday – Ed was told by Mr. Kawashima that he had a meeting with the Mauna Kea rangers, that the permit needed some changes, and since Friday was a furlough day it would not be available until Monday. (Another working weekend lost!) We managed to get a phone conversation with Mr. Imoto to try to express the urgency of being allowed to get started. We were told that if we did not like it we could find some other land owner to work with. (my way or the highway)
2/9/10, Tuesday – The RIR receives a document which is not a permit to start work but instead is an agreement that we must sign before being issued a working permit to get started. We were totaly flabbergasted. Some of the conditions were ridiculous and appeared to be punitive in nature. Even though we have not even started, it seemed to us that we would be in violation of some conditions just by signing. DLNR_letter-100208
The RIR decided that we could not execute the proposed agreement and announced a cancellation of the 2010 event.
2/10/10, Wednesday – Roger Imoto, having hear that we were upset with the letter asked for a meeting. A meeting was held that day at noon between Mr. Imoto and Mr. Kawashima of DOFAW and Ed Ung, Dennis Vierra and Wayne Blyth of the Rock Island Riders. Without going into details of what was said at the meeting, it did not go well. After an hour of attempting to negotiate each point of the proposed agreement Wayne left the meeting announcing that he could not agree with the direction the meeting was going. The remaining parties continued to negotiate. The outcome was that Mr. Imoto himself would rewrite the agreement.
2/11/10, Thursday – The RIR received the revised agreement. DLNR_letter-100210
2/12/10, Friday – The RIR holds a meeting at which it is decided by unanimous vote to reject the proposed agreement and to not reverse the cancellation of the 2010 event.
2/15/10, Monday – The RIR delivers a letter to Mr. Imoto announcing our decision. Imoto-Roger-100215
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If you have not seen this article check it out at your local magazine stand or fishing store.
(Hawaii Fishing News, February Issue)
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The Rock Island Riders delivered the following letter to the local Hilo DOFAW office this morning. The letter sums up quite well the reasons for this action. The Mr. Kawashima referred to in the letter is the Big Island’s Na Ala Hele Trails and Access Specialist who has been the DOFAW contact person for the MK200.
[February 15, 2010
Mr Roger Imoto
Branch Manager
Division of Forestry and Wildlife
19 E Kawili St
Hilo, Hawaii 96720
re: Permit to the Rock Island Riders to prepare for 2010 Mauna Kea 200
Dear Mr. Imoto,
I deeply regret to inform you that the Rock Island Riders have decided not to rescind our cancellation of the 2010 Mauna Kea 200 event. This was not an easy decision to make. Our group is very committed to the event as evidenced by the fact that our core members have been involved since the first event in 1976. The only other time that we can recall having an agenda item on cancelling was in 1984 when the Mauna Loa eruption was underway.
We have carefully considered your revised permit guidelines and discussed at length the meeting of January 10 between yourself and Irving Kawashima of DOFAW and myself, Dennis Vierra and Wayne Blyth of the Rock Island Riders. What was very evident from this meeting was that Mr. Kawashima appears to have a vendetta against the Rock Island Riders going back to 2004. It is also evident that, although signed by you, the original guidelines of January 8 were composed by Mr. Kawashima. We were quite astounded by his unprofessional behavior at the meeting. Given the late date, the revised permit guidelines that still need work, and the unabated micro-management tendencies of Mr. Kawashima, we feel it would be unwise to proceed with this year’s event.
Please understand that we appreciate your attempt at mediating the differences between Mr. Kawashima and ourselves. Hopefully, with enough time, an agreement can be had with your office to allow the 2011 event to take place.
Sincerely,
Ed Ung
]
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To be as fair as possible to our participants, the Rock Island Riders is announcing that the 2010 Mauna Kea 200 is canceled due to our inability to get a permit from DLNR to start working on the event.
Details will follow soon.
Some photos have been contributed. Thanks to Robert Misajon and the Solomons. They have been reduced in size to 800×600 to save space and speed viewing. If you see particular ones you would like to have the originals of, email me the file name. wayne@mk200.com
Mauna Kea 200 2009 Photo Album
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Items found:
call Big Island Power Sports, Wayne at 961-3033 or email wayne@mk200.com
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