GREAT-4(5) Reso 23-182 RESOLUTION 23-182, RELATING TO APPROVING FOR INCLUSION IN THE 2024 MAUI COUNTY COUNCIL LEGISLATIVE PACKAGE A STATE BILL RELATING TO COMMERCIAL USE OCEAN PERMITS (GREAT-4(5))
As an avid efoil rider on Oahu I can attest to the safety and all-around respect the local efoil community holds for the other watersport enthusiasts in Hawaii. We never foil inside of surf breaks or come close to swimmers. The public is always in awe of the smooth, quietness and no wake that trails our efoils.
Efoiling for me at 64 years old has brought back the love of surfing that my age has slowly taken from me. Also, the love of our beautiful Hawaiian waters with its abundant Waterlife that does not speed away from the efoil sound as others would have you believe.
We support this with attached suggested revisions.
Here is our justification.
DOBOR has and is already required to by rule and the constitution to exercise discretion to protect the public, the environment, and traditional and customary Native Hawaiian practices and rights.
The purpose and scope of DLNR’s rules pertaining to state facilities, including issuance of boating and commercial use permits:
HAR § 13-230-1:
“The purpose of these rules is to secure the most effective control and management of the small boat harbors and facilities of the State in order that the general public may enjoy safe, orderly, and convenient water recreation. These rules are intended to harmonize and coordinate the department's powers and duties with all applicable public laws, and are also intended to govern the use or operation of vessels and the activities of persons in the small boat harbors, shores, ocean waters, and navigable streams of the State.”
HAR § 13-251-33: (This statement applies to all commercial use permits)
“No regular or extensive use of any state property or facilities or ocean waters or navigable streams for private gain or purposes shall be allowed without corresponding and reasonable benefits and returns to the public.
(a) No person shall engage in any business or commercial activity on the navigable waters of the state without:
(1) Prior written approval from the board or its authorized representatives; or
(2) The proper execution of an agreement with the department.”
HAR § 13-231-50: (This general statement applies to all use permits)
“No regular or extensive use of any state property or facilities for private gain or purposes shall be permitted without corresponding and reasonable benefits and returns to the public.”
Current permits contain this standard condition:
a. 11. The Department may immediately revoke a commercial use permit without a hearing for activity that endangers or may endanger the health or safety of passengers or the public, and may suspend or revoke a commercial use permit for violation of any rules of the Department, if the activity or offense is not corrected following seventy-two (72) hours notice by the Department of the violation. The permit holder shall have ten(10) days from receipt of the notice of suspension or revocation to request in writing an administrative hearing. The administrative hearing is solely for the purpose of allowing the permit holder to contest the basis for suspension or revocation of the permit.
Aloha. Tammy Harp.
I am in support of Resolution No. 23-182.
As an avid efoil rider on Oahu I can attest to the safety and all-around respect the local efoil community holds for the other watersport enthusiasts in Hawaii. We never foil inside of surf breaks or come close to swimmers. The public is always in awe of the smooth, quietness and no wake that trails our efoils.
Efoiling for me at 64 years old has brought back the love of surfing that my age has slowly taken from me. Also, the love of our beautiful Hawaiian waters with its abundant Waterlife that does not speed away from the efoil sound as others would have you believe.
Permits need to be limited, motorized water and thrill craft banned near swimming and diving
We support this with attached suggested revisions.
Here is our justification.
DOBOR has and is already required to by rule and the constitution to exercise discretion to protect the public, the environment, and traditional and customary Native Hawaiian practices and rights.
The purpose and scope of DLNR’s rules pertaining to state facilities, including issuance of boating and commercial use permits:
HAR § 13-230-1:
“The purpose of these rules is to secure the most effective control and management of the small boat harbors and facilities of the State in order that the general public may enjoy safe, orderly, and convenient water recreation. These rules are intended to harmonize and coordinate the department's powers and duties with all applicable public laws, and are also intended to govern the use or operation of vessels and the activities of persons in the small boat harbors, shores, ocean waters, and navigable streams of the State.”
HAR § 13-251-33: (This statement applies to all commercial use permits)
“No regular or extensive use of any state property or facilities or ocean waters or navigable streams for private gain or purposes shall be allowed without corresponding and reasonable benefits and returns to the public.
(a) No person shall engage in any business or commercial activity on the navigable waters of the state without:
(1) Prior written approval from the board or its authorized representatives; or
(2) The proper execution of an agreement with the department.”
HAR § 13-231-50: (This general statement applies to all use permits)
“No regular or extensive use of any state property or facilities for private gain or purposes shall be permitted without corresponding and reasonable benefits and returns to the public.”
Current permits contain this standard condition:
a. 11. The Department may immediately revoke a commercial use permit without a hearing for activity that endangers or may endanger the health or safety of passengers or the public, and may suspend or revoke a commercial use permit for violation of any rules of the Department, if the activity or offense is not corrected following seventy-two (72) hours notice by the Department of the violation. The permit holder shall have ten(10) days from receipt of the notice of suspension or revocation to request in writing an administrative hearing. The administrative hearing is solely for the purpose of allowing the permit holder to contest the basis for suspension or revocation of the permit.
Mahalo,
Kai Nishiki