INDEX - ACCESSwww.islandbreath.org ID# 0401-09
SUBJECT: PMRF ACCESS AGREEMENT
The Pacific Missile Range Facility (PMRF) has an agreement form (dated 27 March 2004) called a "Memorandum of Agreement (MOA) that permits a Kauai resident, a one year (renewable, subject to provisions), controlled access to PMRF under tightly described conditions. For a copy down load the PDF file here.
Bruce Pleas, and others have suggestions on improving that agreement.
Bruce has been in communication with Thomas Clements, Public Affairs Office at the PMRF. Below is an email Bruce sent www.IslandBreath.org about his PMRF MOA concerns.
From: Bruce Pleas <email@example.com>
To: Clements, Thomas H CIV PMRF <firstname.lastname@example.org>
Date: Wed Jun 23, 2004 08:49:20 PM PDT
Subject: Re: PMRF MOA
Attachments:PMRF MOA revised 27 MAR04.doc
Mahalo for speaking with us last night and here is what I came up with on the first reading of the MOA part of the attachment you sent me. I have not compared it to the last MOA so I can not comment on the changes. I only have one suggestion and one comment on the MOA which follow. I believe I have another copy of the 1940-41 set aside documents, you should have them on file at PMRF as I have provided multiple copies to PMRF or I can provide the original copy of the Executive Order set aside documents I have at home for you to copy.
In this following section from the MOA even though it is stated in an above paragraph that some items are prohibited, the following section may lead to confusion as it seems to be an incomplete sentence that leaves you hanging as to what the "possession of spear guns, etc" part is for. I have added what I would consider and appropriate finish to this sentence to avoid confusion.
* Although most implements used for fishing are authorized, possession of spear guns, firearms, explosives, destructive devices, fireworks, incendiaries, or any type of weapon.
I would add "are prohibited." It is a little redundant but I think the repeat of "are prohibited" will make this part of the MOA more clear.
All I have is a comment on the following statement in the MOA (Some Kauai residents will not sign this MOA just because of this statement). In the Executive Order for the set asides of public lands for the use and purposes of the Mana Airport Military Reservation to the United States of America from the Territorial Government of Hawaii dated 1940 and 1941 it states that "The land described is set aside upon the understanding that access to the shore for the purpose of fishing will be denied only on the portion used for bombing and that only while same is actually in progress or about to commence." From this official document that sets aside the Mana Airport Military Reservation for use of the United States it says that our (the publics) right to access the shore line is a right and only can be denied "on the portion used for bombing and that only while same is actually in progress or about to commence."
Statement from the MOA-"Finally, I acknowledge that PMRF access is a privilege, not a right, and access may be withdrawn at any time at the sole discretion of Commanding Officer, PMRF."
This is the bone of contention on beach access that I have with PMRF and I hope that over the near future we can work out the details so that the surfing and fishing public of Kauai can use this unique recreational and cultural area of Kauai (that is actually a STATE BEACH and not Federal property-at least in any documents I have seen) as it has been used in the past, without jeopardizing the operations and security of PMRF.
If you have suggestions concerning the modifications of the MOA contact...
Thomas H. Clements
PMRF Public Affairs
PH: (808) 335-4740