Club Co-Plaintiff in Development Battle

  • Posted on 31 October 2007
  • By Kc Connors

& Scott Foster

/

Photo courtesy Doneil Rose

Hawaiian Monk Seal 'N7' & her pup who was born and nursed on the pristine beach at Turtle Bay for 54 days.

Oahu's scenic North Shore is known for its great surfing, beautiful sandy beaches, aqua water and spectacular green mountains. Rare Hawaiian birds dot the trees, and occasionally on the shoreline you can see endangered Hawaiian green sea turtles. If you're really lucky, you will catch a glimpse of an endangered Hawaiian Monk seal sunning itself on one of the quiet, remote beaches. There are only some 1,200 of these exquisite creatures left in the entire world.

But this tranquility could soon all be shattered. A broad coalition of Hawaii residents is fighting a pitched battle to save their beloved North Shore from development by the L.A. private-equity firm, Oaktree Capital. Local residents, environmentalists, native Hawaiians, surfers, church members, politicians of all stripes, and Hawaii-lovers from around the world are all coming together to try to save five miles of pristine beach at Turtle and Kawela Bays where Oaktree Capital has proposed to build five new hotels with 3,500 more condo, timeshare and resort hotel units. Known as a 'Vulture Fund' because it invests in undervalued assets, Oaktree is expected to try to sell off, 'flip' the properties to other investors and international hotel companies.

Even though Oaktree's current Environmental Impact Statement (EIS) for the mega-project is 21 years old, they have so far won in court and don't have to perform a new EIS. Scrambling, residents have formed a community group, Keep the North Shore Country, to mount a legal challenge, and the Sierra Club has joined as co-plaintiff. Keep the North Shore Country and the Sierra Club are currently filing appeals for a new Supplemental Environmental Impact Statement (SEIS). Even three-time World Surfing Champion, Andy Irons has auctioned off his favorite surf board to support the expensive legal battle to save Turtle Bay from commercial development.

Riparian woodlands are the most biologically productive habitats in California, yet over 90% of all riparian woodlands in Los Angeles County have already been destroyed by channelization, rip-rapping, and filling to protect encroaching development.

'Turtle Bay is a very sensitive environment,' said Sierra Club of Hawaii Director, Jeff Mikulina. 'We would like a new SEIS done to understand the full impact of the development on the near-shore and marine life.'

'There has been substantial change in the North Shore over the last 21 years,' Mikulina went on to explain. 'And we would like to get the current facts on the table and more clarity about the trade-offs involved in this development.'

Hawaii has more endangered species per square mile than any other place in the world. The Hawaiian monk seal is one of the world's most endangered species. While there are an estimated 1,200 Hawaiian Monk seals remaining, their numbers are declining. In the last 9 years, the pristine beach at Turtle Bay is the only known place on Oahu where an endangered Monk seal gave birth and nursed a pup. Were the unique, shallow inlet waters at Turtle Bay to be overrun with thousands of tourists, the monk seal would likely try to find another safe haven along Oahu's already heavily developed shores, and nurse her pup in a less protected, more dangerous area.

Endangered Hawaiian green sea turtles are frequently seen at the bay named after them. There has also been some speculation about the sea turtle nests at Turtle Bay. 'It is important to do the SEIS and get the real facts out,' said Mikulina, 'Sea Turtle eggs are laid in nests they build in the sand and are very fragile. If there were thousand of tourists tromping on the beach, they would have zero chance of surviving.'

The Hawaiian animals, the land, and the sea are sacred to the Hawaiian people. The `Ilio`ulakalani Coalition, a statewide grassroots organization of Hawaiian cultural practitioners, has been very active in trying to stop the development. Not only do they want to protect the land and unique wildlife, but native Hawaiians are uniting to protect their `iwi kupuna (the interred bones of their ancestors) buried at Turtle and Kawela Bays where the massive development is planned.

'The Hawaiian burial sites remain one of the most emotional and important issues about the development,' said Bob Nakata, Director of the Defend Oahu Coalition, another grassroots organization also working to protect the North Shore. In January, a senior official from the Hawaiian State Historical Preservation Division announced that there was a 'high probability' of still more burial sites being found at sites of the proposed hotels. But Oaktree is still pressing forward with their building plans.

Many residents are very concerned that Oaktree's mega-development at Turtle Bay will have tremendous repercussions for the beautiful country environment on the entire Windward (East) side of Oahu. The spectacularly beautiful 2-lane Kamehameha Highway is the only road that runs through the many small townships clustered tightly along this narrow highway - and in front of the current single 350 room hotel at Turtle Bay.

Kam Highway as it's known, is already clogged with traffic, especially on weekends, rush hour and on good surfing days. Many residents and local politicians are concerned that the additional traffic from such a mega-development would cause complete traffic gridlock up and down the entire coast and back up the long hill into Honolulu. 'The projection done by our expert traffic engineer shows that traffic would be an 'F' if the mega-project went through,' said Gil Riviere, a director for Keep the North Shore Country.

If the Turtle Bay expansion does go through, many fear that inevitably Kam Highway would have to be widened and the beautiful Koolau mountains would then be dynamited at many points. In addition, because the EIS is 21 yrs old, local residents are concerned they would be saddled with the enormous cost of widening the road, upgrading the infrastructure, moving homes - destroying the very character of their beloved, picturesque little towns.

Defend Oahu's Bob Nakata is particularly concerned that the proposed luxury units at Turtle Bay would be far too expensive for local people and their construction would accelerate the already high cost of housing, displacing local people whose families have lived on Windward and the North Shore for generations.

Though little has been reported about this battle on the US mainland, the Turtle Bay controversy has repeatedly made front-page news in Hawaii. This summer, pension holders among the clergy from the United Methodist Church, a client of Oaktree Capital's - raised their concerns about the mega-development's impact on the community and the environment.

While Oaktree has tried to sell the mega-project as a job creator, Hawaii's unemployment rate hovers above 2%. (On the Big Island, hotel workers had to be brought in from the Philippines.) Many residents and experts are concerned about the possible damage to Hawaii's tourist industry as a whole with the massive overcrowding in such a key scenic area. In addition, others are concerned that Hawaii's growing film and TV industry that uses the spectacular North Shore nature as a backdrop would be damaged.

'The pristine beaches of the North Shore at Turtle Bay are a national treasure,' said Keep the North Shore Country's Riviere. Members of the community are aggressively looking for public funding and angel donors so that the shoreline at Turtle Bay can be turned into a nature preserve and park. 'The beauty of the North Shore, its beaches and wildlife should be preserved for both local people and visitors to come and enjoy for generations,' said Defend Oahu's Nakata, echoing the views of so many Hawaii residents.

Take Action!

  • Visit www.keepthenorthshorecountry.org to stay abreast of, or donate funds to, the fight against Oaktree Capital.
  • You may also write to Gil at Keep The North Shore Country, P.O. Box 356, Haliewa, HI 96712.
  • For donations for Defend Oahu Coalition to do community outreach, PR, and lobbying, visit www.defendoahucoalition.org/donate.php or call Mark Cunningham at 808-206-8502.
  • Write letters to the LA Times and other media. According to Connors, 'Oaktree Capital moves very quickly! The LA Times just had a very positive article on Oaktree Capital, with no mention of their huge problems in Hawaii.'
  • Hawaiian Monk Seals are one of the most endangered species. There are only 1,200 left in the world, and their populations have been declining by 4% a year. Contact your Representatives. Urge them to support the new Complete & Comprehensive 5-year Recovery Plan for the Monk Seal proposed by Senator Daniel Inouye. Visit www.senate.gov and www.house.gov .
  • Finally, you can write or call Oaktree Capital's Chairman Howard Marks and President Bruce Karsh to ask them to keep Hawaii's beautiful beaches and country for future generations. Ask them to donate Turtle Bay and Kawela Bay as a park and nature preserve for a big tax write off! Write to Oak Tree Capital, 333 South Grand Ave., 28th Floor, Los Angeles, CA 90071, or call 213-830-6300.
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