The state Department of Land and Natural Resources is recommending a “conservative” fine of about $117,000 for the yacht owner responsible for damaging coral and live rock at Maui’s Honolua-
Mokuleia Bay Marine Life Conservation District.
The state Board of Land and Natural Resources on Friday will consider “enforcement action” against Jim Jones, Noelani Yacht Charters and Kevin S. Albert, Kimberly L. Albert and the Albert Revocable Trust for the February incident involving a
94-foot luxury yacht, the Nakoa, that grounded on the Maui shoreline, damaging or destroying more than 1,600 square feet of live rock and about 120 coral colonies.
The DLNR’s Division of Aquatic Resources submitted the document and suggested the fine for the grounding incident to the Land Board. Citing state laws and administrative fines for damaging stony coral and live rock, DAR said the maximum fine that can be issued is about $1,760,000 — $120,000 for the damage to stony coral specimens and $1,640,000 for the damage to the live rock.
But DAR is recommend-
ing a lower fine of $117,472, which itself said “reflects a conservative estimate of the amount required to compensate the State for the damage to natural resources on
public lands and the administrative costs.”
Only about half the fine, some $60,200, was determined to be the total value of the live rock and coral that was damaged.
The cost of the DLNR’s investigation and assessment of the incident was valued at about $56,900. The department also issued a combined $400 in fines for first-time violations of stony coral and live rock damage.
DAR noted that the BLNR has “broad discretion” in assessing the fines.
“Some of the factors that the Board may take into consideration include the value of the resource damaged, costs for the State to investigate and process the violation, level of damages to the public for whom the State holds a public trust of the resource involved, extent of the respondent’s cooperation, and voluntary actions taken by the respondent to mitigate or avoid damages,” DAR said in its submitted document.
The DLNR has said it also plans to bill Jones for the $460,000 cost of salvaging the yacht. Meanwhile, Kevin and Kimberly Albert, trustees of the Albert Revocable Trust, have filed a lawsuit against Jones in U.S. District Court in Honolulu for using the yacht “in a grossly negligent manner.”
They seek $1.45 million for the loss of the Nakoa, at least $500,000 for salvage work and another $500,000 for environmental damages. The trust owns the luxury yacht, but Jones, who
manages the high-end luxury charter service Noelani Yacht Charters, purchased it and was in the middle of a 15-year agreement to pay it off.
On Feb. 18 and 19 the 120-ton yacht was mooring overnight inside Honolua Bay. Jones was on the yacht with family, friends and a crew, according to submitted documents from DAR. They were using the yacht for “recreational” purposes.
On the morning of Feb. 20, the yacht detached from its mooring, grounding on and damaging the shoreline.
Ultimately, the DLNR and U.S. Coast Guard were required to remove the batteries and fuel from the yacht and sink it off the coast of Honolua Bay, a two-week process that involved unsuccessful salvage attempts.
Around that time, DAR staff assessed the damage to the natural resources where the Nakoa grounded. One of the scars from the grounding incident resulted in live rock that was “pulverized and badly disturbed.” Most of the damaged coral and live rock were found in this area and were caused by the Nakoa’s grounding incident, although DAR said about 200 square feet of “hard-bottom habitat” was destroyed from the salvage operations.
About 20,000 square feet of area was damaged by the yacht.