Kalalau Trail Kauai

Recent Kauai Hiker Air-Rescues Spark Restitution Law. Who Should Pay?

Increasing Kauai hiker rescues bring all but certainty to upcoming legislation,

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58 thoughts on “Recent Kauai Hiker Air-Rescues Spark Restitution Law. Who Should Pay?”

  1. This has to be one of my all time favority trails, beautiful, magical and treacherous.

    I don’t live on Kauai, but visit frequently. I believe in treating the island and particularly the hiking trails with respect. Pack out whatever you pack in, read up on the current conditions inclusive of weather and be prepared. I’ve probably visited the trail over 20 times, but I’ve only gone to the beach or the falls, as I’m typically by myself. There are always plenty of people around, that have no business hiking there, (unprepared physically or not wearing proper attire). If you have to be assisted and airlifted out, it should be at your cost.

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  2. I’ve hiked and camped at Kalalau Beach a couple times, planning another trip there this Fall.

    I would rather crawl on my hands and knees the entire 11 miles back than pay for a ride.

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      1. I was just going to say this. In the state of California if you are hiking in an area that you may need rescued, you have pay for a permit, and show proof of insurance that pays for all these cost (Helicopter, Search & Rescue, Ambulance…etc). Hawaii should do the same.

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        1. Bryon B what are you talking about. I know of no such law in CA. Also, where are these areas that “you may need rescue” you talk about? I live 20 miles from one national park, three national forest and a large expansion of BLM land and the park would be the only one I need any kind of back country permit for.

        2. I live in California and the only hiker insurance you can get, or have to get, is voluntary hiker insurance. None is required. Even if doing the PCT it’s not required. We have to pay for a permit to park in forests, but that’s about it. There are wilderness permits, but again it doesn’t require insurance. People just have to pay for their rescues here. Aloha.

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  3. It seems that, the permit system rightfully in place, visitors that scored a hiking permit and travelled from far away will take chances that any reasonable person would avoid (torrential rain, not being fit enough or prepared for Kalalau’s dangers, etc) and end up needing rescue. This is similar to people scoring long-sought permits to climb Denali or Everest: It’s their once-in-a-lifetime opportunity and torpedos be damned. I’m personally fine with others taking these risks – but the cost of rescue should not be borne by society. It is their personal choice and they should bear the costs of the consequences of their actions.

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  4. I was 36 and in great shape on my 1st attempt at the the Kalalau Trail. It took 2 hours to get to Hanakapiai Beach and we didnt start early enough and didn’t have the right equipment or supplies so we turned back. About 10 years later we trained, brought all the right stuff, still took all day to get to the falls and back. Challenging and beautiful trail. Make sure you are prepared. It’s worth it.

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  5. My sister and I were rescued by helicopter at Kalalau Beach in February 1976. We camped on the beach by the waterfall and nobody was on that beach for the week we were there. After 2 sunny spectacular days, the torrential February rains made the trail impassable. We ran out of food and everything we brought was soaked. We feared going into Kalalau valley for fruit as the pot growers didn’t take kindly to strangers. King Kong was being filmed on Honopu Beach, one cove over. Desperate, after days of cold and hunger, we stomped a huge SOS in the sand and at the end of the day a big cargo chopper with film crew landed and scooped us up! Extreme winds made for a violent ride to Hanalei. The entire adventure was truly a surreal experience!

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  6. I’m fully in favor of mandatory permits and insurance for all places that see regular emergency rescues.
    And some laws with teeth in them for trespassing and illegal entry.

    I’m against caveat charging for emergency services because that’s what they are for, emergencies.
    But when people ignore precautions and get themselves in a situation, you bet they should pay. Any new laws should say just that.

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  7. For those advocating to charge tourists differently I’d point out again, public safety is paid for by property taxes. In the case of residents vs. tourists, while locals pay 100% of their own property tax bill, tourists pay a portion of the resort, hotel or rental properties tax commensurate with their length of stay. Locals who Homestead on Kauai pay just $3.05/$1000 assessed value, $6.05 without the Homestead, while vacation rentals pay $9.85/$1000 and hotels and resorts paying $10.85/$1000. And I’m sure the assessments on most resorts is very high by comparison per sqft. So even when tax dollars for the bill tourists are paying at least their fair share, and likely far more. Anyone who is found to be breaking any laws should be fined.

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  8. My point is everyone should be charged based on whatever rules or laws, not tourists vs. locals. Tourists do pay for the same the same services via taxes that resort properties and rentals pay. The taxes raised to fund public safety are generally from property taxes, which tourists pay as part of their nightly accomodation taxes. Without paying customers the rentals wouldn’t be paying their taxes which I’m sure is the greater share of many public services in Hawaii. And most EMS systems do bill for all patient transports and insurance covers whatever share they cover and the patient owes the rest. If an air rescue unit doesn’t bill for this service then it’s just tax funded.

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  9. Just speculation, but maybe the reason the guy with the knee injury didn’t want the ambulance to hospital is because of cost. Ambulance rides are notoriously expensive. If he wrecked hi knee in some way that he could not hike out on the trial, then he’s stuck with the helicopter rescue (the rest of you can argue about who pays). But did he ask for the ambulance, or did the emergency response team just order one anyway? Probably he was hiking with others who walked out and drove to the PV airport to meet him.

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    1. My did that’s going to school at HPU, got in a accident, We have insurance but the Ambulance billed my insurance $1400 for less then 2 mile trip..

      My brother that lives in Tahoe, Was blind sided skying, Had to get airlifted to Reno,He had insurance for airlifting out, but come to find out there is 2 companies that airlift out of Tahoe and the wrong one picked him up, that bill 45k.

    2. On the mainland, if a hiker or anyone else needs airlifted….there is a charge as it is for an ambulance ride. Why should Hawaii bear the cost when other states don’t? When these services are sent to a site, that service is out of commission for a coinciding incident. So the hiker gets off free of charge but the local gets the bill if they need the same service, regardless of the reason…….and in the end, the taxpayer pays the bill….

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      1. The local won’t get a bill if the helicopter doesn’t bill everyone. Transporting EMS units cannot bill some and not others, it’s all or nothing. Locals foot the bill through property taxes, which visitors pay when they rent units, as the rental property or hotel pays taxes that also pay for EMS or Fire/rescue. This is why typically hikers or other adventure seekers are fined, not billed, when they are violating laws or park rules, anywhere in the country. It is unlawful for medical transport services to have arbitrary rules on billing. Sure, lots of towns and cities have tried to bill non-residents but can be cut off from any Medicare reimbursement for illegal practices.

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      2. On the mainland whare I live (CA),medical helicopters charge but CA. Hwy Patrol and CAL Fire helicopters don’t because they are founded with tax dollars. Big difference between private and public air resources.
        The helicopter in this article is a publicly founded piece of equipment so the victims tax dollars already paid.

  10. We have made a visit to Kalalau trail a standard highlight of our Kauai vacations. I’m not sure what they are doing with the fee they now collect to visit the area but it seems a logical source of funds to offset these expenses.

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  11. I sat at the bottom of the Kalalau trail one day a few years ago waiting for friends walking down the beach, and watched numerous people start up the trail in flip-flops ! Would it be possible to have a ranger or someone at the bottom, making sure hikers had appropriate footwear and water ?

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    1. Kitty – I’ve hiked that trail at least a hundred times over the past 20 years, including a few dozen times all the way out to Kalalau Valley. I’ve seen it all. sandals, barefoot, topless women, old naked leathery barefoot guys. You name it. People hike the trail at night. There was (probably still is) dozens of non-permitted “residents” living out in the Valley. And, plenty of people killed or otherwise needing rescues, including island residents, although sometimes recent transplants who don’t understand you do not try to cross brown water at any of the three main streams. What I have never seen on the trail is a park ranger.

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  12. Charging for helicopter transport and ambulance transport in case of injury doesn’t seem unreasonable. If a patient in my state requires helicopter or ambulance transport, they are charged. Sometimes it is covered by insurance but sometimes it is not.
    A rescue of otherwise “well” hikers who followed the rules but got caught in an unexpected bad situation is a bit more “gray” but if they are trespassing then the situation is clear that they should pay. Perhaps this money could be used to improve signage and barriers to prevent future accidents. Or hire people to monitor these areas to keep people out ( and I know hiring is tough is Hawaii because of cost of living and money like this seems to disappear into the abyss)

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  13. Never hiked the trail in Kauai but many on other islands. I live in Arizona. Work on the Havasupai reservation down at the bottom of the grand canyon. Havasu Falls?? Almost every year there are at least 5 rescues with hikers going deep into the canyon and falling or twisting an ankle. Some hurt much worse. Only way to bring them out is a helicopter rescue. The tourist absolutely has to pay for that rescue. Last summer I was at Slide Rock Park in Sedona with my granddaughters. So slippery. I fell,Crack my head open on the rocks. Had an paramedic ride out of that canyon and ambulance to nearest hospital. I had to pay for everything they did plus the ambulance and of course the hospital.The Tourist should definitely be responsible.

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  14. No, these people should not be charged. Many unknowing visitors don’t really understand the terrain and climate conditions until they are in trouble. I wouldn’t want the cost to deter them to call for rescue when in need. Now, if they ignore do not trespass signs or other signs speaking of the dangers, then maybe yes, charge them.

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  15. My suggestion is to make Insurance that covers ems and recovery mandatory when using Local, State and Federal Lands. Failure to insure would result in a fine on top of full recovery fees. People accept the need for Motor Insurance, for Travel Insurance and Medical Insurance.

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  16. Why is this site all about ripping on tourist and everything they do wrong? Has a local been air lifted in this time period? There is no Aloha in Hawaii for tourists anymore

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    1. Whenever American Tourists get hurt in a foreign country and have to be airlifted and they don’t have insurance, they face real world consequences of being detained or imprisoned if they don’t pay up. Having insurance or paying for services rendered is fair and equitable for all who are impacted. This is the policy in many other states, where they Will send a bill, typically when those who knowingly break the laws, rules and disregard warnings. This is not about being a Good Samaritan: this have everything about reckless individuals harming others.

    2. Many states are considering these rescue charges as well as law breakers who interfere with marine life and other natural resources. This is happening across the board, get used to it.

  17. I Love (!) the compassionate and humanitarian comments which prove empathy for people (Humans!) who are in need and danger…but indeed, I expect to be charged for ambulance and other services, therefore I for one do take as much extra care as I can when doing activities. I also don’t want to put the rescuers/EMS at risk by risky behavior. That said, I like to enjoy my hikes/exercise, as others do and hope I everyone understands both sides to this issue. Mahalo for the love.

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  18. Well I can tell you who should Not pay…the taxpayers. Anyone using these trailers should be required to take out insurance and it should be a hefty price. But what about all the illegal hikes where people are trespassing? They should face steep fines and bear all of the expenses of their rescue. They won’t ever do it again.

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  19. Whether it’s visitors, tourists, or even residents of Hawaii there shouldn’t be any “Free Rides.” Making Insurance Policies available that would cover the costs, minus a deductible, for these events would be the Best Way to recover the costs associated with this. Anyone who chooses to Not to purchase the Insurance should be forced to Pay Out of Pocket. Anyone who is Trespassing or on trails that are Closed should be assessed Costly Fines and Court Costs on top of their rescue which wouldn’t be covered fully due to Illegalities. Hopefully this will address the problem of the Costs and possibly curtail use of Closed Areas!

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  20. Whinging over Over priced Helecopter flights seems abit cheap…I lived in South Kona and Puna districts during the early eighties.Lotsa lotsa lotsa helecopters all the time who paid for that?

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    1. If what you were seeing were sightseeing tours, then the people in the helicopters paid for it. It is just like taking a tour van to Hana, except it’s a helicopter. I’ve heard that these rescues can cost thousands of dollars, because there are a lot more people involved than a licensed sightseeing pilot. It is also typically a lot more dangerous to fly close enough to where they can pick up someone who can’t get to a flat, clear area. There’s EMS, specialized equipment, an ambulance and a fire truck have to go to where they land the injured person, even if they decline a ride to the hospital. Expensive? You betcha. Overpriced? No.

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  21. This is a difficult situation to resolve. Who gets billed, just tourists who don’t pay any actual ‘taxes’ in HI except for the length of their trip? How much do you change? If they are trespassing or ignoring “Keep Out” or “Dangerous! Do not enter!” type signs, they should pay the whole bill. Hawaiians pay as residents for these EMS services. Haoles in particulare in effect do not. If the situation involved persons who should know better (like the 50 year old woman on a strenuous hike, stupid is as does), send them the bill. If they are on a managable trail and have an accident, send the EMS and skip the bill. What we’re trying to say, if they are culpable for their situation, they should pay. Period.

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    1. Haoles as a term seems to be quite derogatory and racist, is it necessary to use it? A discussion for another day with the PC. Most of what you have said should be included in any New Law, but Everyone should pay, or have specific insurance to pay, for the services. Helicopters fly inthe air, not on Air. If someone chooses not to call for help due to Illegalities, Stupidity or a Mix of Both it is Their Fault. After hours, or less, of intense pain etc. they will probably call. Again, Their Problem and Decision!

  22. Dear BOH, I experienced first hand ,Thousands and thousands of Helicopter hours, and Millons spent to fund green Harvest.. Mission Acomplished! Let’s allow room for perspective. If I accidently twisted my ankle,I don,t want to perish ofexposure, dehydration ,etc. Do you? Who pays? the tax payers!How’s about a little prioritization To Basic Human and planetary needs! Peace on Earth! Mahalo

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  23. I have hiked the K. trail, it is difficult for the healthiest. I Have lived on the islands and was very active and have seen foolish people in all areanas. Especially my Sister, who always had to get to the edge to photograph with her new camera. This was many years ago. No one injured by it, but a huge feud. I have seen many many people rescued at the blow hole on west Maui. One guy was sucked in and spit out in the ocean…..dead… I just shake my head at these non thinkers. So yes, charge them the fees. The word will spread on social media. It will save the lives of rescue team and of course the idiots.

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  24. Hikers should take out an insurance policy for their own safety, maybe a Hawaii based company would sell one for entire trip $25. For each week, small price to pay

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  25. They should pay. I am tired of paying for visitors taking risks on our dime. This is a statewide issue, and is repetitive one. In a recent article hear listing places the state was discouraging visiting, which included places like the off-limits Haiku Stairs, several people defiantly added they now added more places to visit to their lists. This sort of entitled attitude with us paying when they are injured does nothing to promote locals being welcoming to tourists.

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    1. As I remember from Months ago the People that were being sought-after to be Tourists were the Wealthy and the Younger higher wage earners, you’ve invited them so deal with it. Many of the desired Tourists are those who Thrill Seek, Illegalities are of little consequence if you don’t get caught. Money cures most things in Hawaii, why not push the envelope. You’ve received what you have desired, deal with it now!

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      1. I don’t recall inviting anyone to visit HI, tourist or friend. So of course you are writing to the wrong person.

        Because HI sought tourists it should pay for them doing stupid things that then require them to be rescued, residents should pay? I think not.

        The “average” rescue costs 5K, for 2 hours, and that is cost of running the helicopter according to the local news. Firefighter’s union supports the bill. Six other states already charge for such rescues.

        Perhaps you should avoid doing things that are dangerous when visiting HI, and you won’t need to worry. Or just not visit if you insist on acting in a way that puts rescuers at risk.

      2. Unfortunately, your logic is flawed, Ernie. This isn’t a dichotomous variable issue. Hawaiians want tourists who are wealthy, young, good-looking, meek, respectful of the Aina, law-abiding, quiet and generally un-entitled. Surely that is not too much to ask.
        Arigato!

  26. Who should pay? They took the risk, they are responsible for knowing trail conditions, if they are somewhere illegally(disobey signs)

    They should pay.

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  27. People should be ready for the trail and not go without being prepared, or better yet just like the surf rule… when in doubt Dont Go Out should be applied. Its the ego saying “i can do what i want when i want and i will get a helicopter ride if i get into trouble.”
    Save that mindset for mainland.

    Thankyou

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  28. Aloha! As with our rescues here, which I feel should be charged/fined, & the Hawai’i bill should be extended to a least a fine for every rescue. I know for sure, here, if you’re in an accident you’re charged for helicopter rides to a hospital. We have a lot of hikers who decide to hike when foul weather is happening or expected, then need to be rescued. I think the real problem, anywhere, is people think they’re better hikers than they are, & they don’t prepare well.

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  29. The cost of rescue is paid for by taxes, of which visitors heavily contribute through the taxes paid by resort/hotel properties, as well as other tourist taxes. All pwrsons found to be violating laws should be financially responsible, but an injury while legally recreating should not incur additional fees. And if Air rescue assets bill insurance they cannot bill one group one charge and another for others, thats in Federal Medicare billing laws.

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  30. I’ve visited many of the Hawaiian islands but have visited Kauai every year for the past 20 years. Many of the trails are not easy to hike. I totally agree that visitors receiving any kind of assistance, especially air evacuations, should be charged for the cost whether they receive medical treatment or not. These visitors should know the risks and bear the consequences if they require assistance.

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    1. Sometimes things just happen, even when people are conducting themselves properly. To charge them for rescues when conducting themselves within proper paramiters would be unfair. Do we charge motorists for police and fire services when they are involved in a traffic collision? When their boat hits a submerged rock and sinks? And, while Hawaiians pay most of the taxes, if they come to CA and have an accident on a mountain trail, we will summon assistance, including a helo, and not give them a bill for $10,000 to pay for everything. As a former EMS person, this is the practice.

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  31. As Oregonians that appreciate our beautiful hiking opportunities here as well as the many hikes afforded us on visits to the Hawaiian islands, we are in favor of any legislation that will help protect Hawaii from ignorant hikers that don’t want to follow the rules. Anyone that ignores posted signs of warning ought to realize they won’t “be taken care of” at the expense of anyone else. If one ignores the rules, they will be responsible for their rescue and care. If they won’t take responsibility for their own misguided actions, why should officials be worried about their care after making poor choices?

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    1. Using your logic… no one injured while driving intoxicated should be taken to an ER or treated for their injuries if they cannot prove beforehand that they have excellent health insurance coverage. Thankfully, most civilized societies (including your home state) don’t adopt such barbaric policies.

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  32. Hawaii State residents should pay. The tourists are the lifeblood of our economy. We need to treat them well, and some of that requires us to subsidize their air evaluation expenses. It’s what responsible and good hosts should do. It is the Aloha Spirit.

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    1. That mindset can get tricky because then.. rules don’t apply to anyone, and that does not make sense.

      Catering to one group of people because of money prowess is never a good thing..
      Just know you are not on your turf, and do as the Romans do, and respect the environment and show a tiny bit of common sense and Grace.
      Thanks

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  33. Health insurance pays for ambulance & ER.so the injured should be billed. Air rescue should be billed to the one in need. Maybe they will be more careful. Mahalo

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