Forum

V.

 

A.   Minimum (Base Line) Access

 

     The navy will set aside no less than ten consecutive days per month for all non-training purposes including religious, cultural, scientific and environmental purposes.  During these ten days, for ten months out of each year, Defendants will set aside ten monthly periods for Plaintiffs' accesses to the Island.  The parties shall agree upon which two months each year access shall not take place.  The monthly periods of Plaintiffs' access will begin at sunrise and end two hours before sunset on the fourth consecutive day.  Access will be forty-five members of the Plaintiffs' organization for each access period, except that during the months of June, July, August and September, access will be for seventy-five members of Plaintiffs' organization.  Numbers in excess of forty-five during the months of June, July, August and September may only be suspended in the event discussions in accordance with section v.B.1., infra, dictate such suspension but will be resumed when group safety can be assured.  Further, in the remaining six days during each  ten day period, Plaintiffs' requests for access will be considered along with other non-training purposes.

     It is understood that there occasionally will be a chosen month during which no access for members of the Plaintiffs' organization or its representatives can be granted because of incompatible conservation activities that would create an unacceptable danger to access participants.  In the even access to the Island is denied in any given chose month, the Defendants shall grant compensatory access, equal to the access denied, not to exceed four days, during the following six months or expand the number of participants to twice the number allowed.  Defendants shall choose the type of compensatory access.  In addition, the reasons for denial of access shall be provided promptly by the Defendants to the Plaintiffs in writing.  Defendants recognize that access during the months of June, July, august, September and October is most important to the Plaintiffs.

 

B.  Access Rules

 

     Access will be subject to the following:

     1.  Access will be subject to conditions imposed by Commander THIRD Feet necessary and appropriate to ensure the safety of the access participants.  Violations of these conditions will be subject to consultation between attorneys for the parties for the purpose of determining appropriate corrective measure.

     2.  Access will be provided at no cost to the government.

     3.  The number and qualifications of safety escorts will be determined by Defendants who shall provide sufficient numbers for reasonable access outside of the base camp area.

 

C.  Access In Excess of Minimum (Base Line) Access

     Commencing with the effective date of this Consent Decree, access in excess of minimum (base line) access provisions shall be negotiated every six months.  Negotiations shall be guided by relevant factors, including the religious needs of the Plaintiffs and the relative degree of clearance.  In the absence of agreement, either party may ask the Court to determine the legal rights and obligations of the parties respecting access under applicable law, but the Court's determination shall not affect Plaintiffs' minimum (base line) access rights under paragraph A of this section.

 

D.   Scientific Access

     In accordance with the provisions of this section, the Defendants will permit access to Kaho'olawe to government agencies and to other organizations and individuals who are interested in conducting water, agricultural, wildlife or other environmental projects and investigations on the Island or its surrounding waters provided they are approved by the Environmental Center of the University of Hawaii or other appropriate University Department. Defendants promptly shall file copies with the Court of all findings, reports, proposal and/or plans of said agencies, organizations and individuals.

 

Attorneys for Plaintiffs:

Joel E. August, Boyce R. Brown Jr., Ronald A. Albu, Melvin M. M. Masuda, Cynthia H.H. Thielen

 

Attorneys for Defendants

Walter M. Heen

United States Attorney District of Hawaii

Roger D. Wiegley Special Assistant U.S. Attorney

 

Order:

William W Schwarzer

United states District Court Judge District of Northern California