After 25 years of debate over commercial boating at Hanalei Bay on Kauai, the state Land Board is considering regulating the controversial industry.
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PERMITS AND LIMITS PITCHED FOR HANALEI BAY
Some of the rules proposed for commercial boating and water-related sports for Hanalei Bay are:
>> No commercial vessel shall load or unload passengers in waters of Hanalei Bay or adjacent lands without a permit issued by the Division of Boating and Recreation and approval by Kauai County.
>> The division may issue up to five commercial use
permits to load and unload passengers at the bay.
>> The department may issue up to two commercial use permits for the Hanalei launch ramp to conduct guided kayak tours in the bay. The maximum number of passenger kayaks per trip, per permit, shall not exceed eight. No more than 30 passengers shall be allowed per day under each permit.
>> No commercial water sports lessons or tours may be conducted in bay waters from adjacent beaches without a permit.
>> Up to eight permits may be issued for commercial
water sports lessons within the bay including surfing and stand-up paddling.
>> Each permit will authorize one instructor per day to conduct lessons.
>> The instructor shall have no more than four students at any given time.
>> Commercial water tours or instruction include kayak tours, canoe rides, diving, snorkeling, parasailing, surfing, sailboarding and other water-related recreational activities.
Source: state Department of Land and Natural Resources
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In the 1990s, an influx of boaters that operated out of Black Pot Beach at Hanalei Bay turned the site from what some described as a peaceful place to a commercial madhouse. The influx of 20 to 40 boaters resulted in community members calling for restrictions.
Multiple legal battles ensued between commercial boaters and the government. In 2003, the 9th U.S. Circuit Court of Appeals ruled that the state administrative rules concerning commercial vessels in the bay violated federal law. Since then, boating officials have been working with the community to amend the rules.
On Friday, Administrator Ed Underwood of the Division of Boating and Recreation will request the Board of Land and Natural Resources to approve and adopt a set of amended rules to limit commercial boat operations, kayak tour companies and water sports-related lessons at the bay.
"We have not issued any commercial permits for commercial boats at Hanalei. The rules will allow us to do that," said Deborah Ward, spokeswoman for the Department of Land and Natural Resources.
State officials said three to four boats now operate at Hanalei Bay.
Violators face fines from $50 up to $1,000 for each violation. If approved by the board, the proposal will go to the governor’s office for final approval.
In a report to the board, Underwood said the proposed changes "have been a decade in the making." Amendments were proposed to clarify and correct management issues relating to the bay due to an increase in recreational and commercial activities since the division’s boating rules were originally finalized in 1994, he added.
A series of meetings and public hearings on the proposed rules were held over the past two years, and a consensus among the community was reached.
Carl Imparato, vice president of the Hanalei to Haena Community Association, said the association supports the proposed rules. For years, the association opposed unregulated commercial activities at the bay, saying all commercial boaters at the site need to follow the same set of rules.
But some remain opposed, saying regulating commercial boat activities is unconstitutional.
Attorney Richard Wilson, who represents Michael G. Sheehan, owner of the boat yard at the Hanalei River mouth, contends the state cannot impose a partial ban on commercial boating.
"It’s just limited to commercial vessels. There’s no rational basis for the (limited) numbers or the restrictions. It’s purely arbitrary. That’s something the state cannot do," he said.
Sheehan is challenging the county concerning a recent notice of violation involving two businesses he owns: Hanalei River Enterprises and Hanalei River Watersports. The notice called for Sheehan to cease operating a surfboard rental concession, commercial tour boat operations and the storage of commercial and recreational boat vessels at the boat yard.
He faces civil fines of up to $10,000 and up to $500 a day for each day the violation persists.
Wilson said, "The county doesn’t have authority to regulate commercial boating activities in Hanalei Bay and Hanalei river simply because it’s navigable waters and pre-empted by federal law."
