DLNR has apparently given notice to companies providing portable toilets at the Mauna Kea Access Road crosswalk at Hale Pohaku in the absence of restrooms, which have been locked by the state.

MAUNA KEA, Hawaii – The State Attorney General and the Department of Land and Natural Resources issued statements today on the proposed rule changes for Mauna Kea that are on the agenda for Friday’s land board meeting.

The joint news release states that the proposed rule “schedules nighttime hours during which individuals may not remain within a designated restricted area and also prohibits the presence of camping-related supplies within the restricted areas at all hours.”

Last week officials said the state would be enforcing “no camping” laws at the site of the Mauna Kea Visitors Center crosswalk, where opponents of the state-supported Thirty Meter Telescope project maintain a constant vigil.

Attorney General Doug Chin explained:

“In recent weeks dozens of people have camped on the grounds or remained parked in cars for prolonged periods, either on or near the access road to Mauna Kea. Boulders and rock walls have been placed on the road. Invasive species have been introduced. Unauthorized toilets have been placed on the grounds. Individuals remaining in the area have reportedly caused visitors and workers to feel harassed. Consumption of water, which must be trucked up the mountain, is at record high usage. All of this has occurred in a partially graveled, steeply graded area without markings or guardrails.” – Attorney General Doug Chin on July 7, 2015

The DLNR Chairperson added:

“The Department of Land and Natural Resources has been delegated the power and duty to manage and regulate all lands which may be set apart as game management areas, public hunting areas, and wildlife sanctuaries. The Department is authorized to promulgate rules to carry out these duties. These rules concern the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas.” – DLNR Chairperson Suzanne Case, on July 7, 2015

Meanwhile, the DLNR has apparently given notice to at least one company providing portable toilets on the mountain that they may be in violation of the law.

An image of the notice was posted to social media on Tuesday. Kona Lua, Inc. the company that is allegedly providing the service in light of the closed restrooms at the Mauna Kea Visitors Center, has been told by the state to “immediately remove the portable toilets from the Mauna Kea Forest Reserve” under the threat of fines and impoundment of the toilets.

In the notice, DLNR cited current law that states written permission is needed to leave vehicles or property within a forest reserve for longer than 48 hours, and that “no person shall engage in commercial activities of any kind in a forest reserve without a written permit from the board or its authorized representative.”

The board may impose fines of up to $2,500 per violation for the first offense, $5,000 for a second violation, and $10,000 for a third violation.