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Agenda Item

GREAT-3(6) Reso 23-183 RESOLUTION 23-183, RELATING TO APPROVING FOR INCLUSION IN THE 2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A STATE BILL RELATING TO MOTORIZED WATERCRAFTS (GREAT-3(6))

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    Guest User about 1 year ago

    Aloha
    My name is Bobby Bland. I support banning commercial EFOIL operations throughout Maui. As a paddler and fisherman, these operations limit people their traditional rights to access these areas where operations currently exist. I also had a personal experience with Rhavie Marino (owner of EFOIL Hawaii) his friend Jeison Manois showed up at my place of business after I commented against his business. Come to find out this owner is known for bullying people who advocates against his business. This is the type of foreign entitlement that should not be tolerated on Maui. I request you to do the right thing today to protect the interests of kama’aina,

    Mahalo

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    Guest User about 1 year ago

    The safety of beach goers and sea life should be priority

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    Guest User about 1 year ago

    I hope this letter finds you well. I am writing to express my strong opposition to the proposed bill that aims to ban EFoiling in Hawaii. As a resident and advocate for responsible recreational activities in our beautiful state, I believe that prohibiting EFoiling would have several negative consequences for our communities and environment.

    EFoiling, or electric hydrofoiling, is a sustainable and innovative form of watersport that has gained popularity over recent years. It offers an eco-friendly alternative to traditional water activities that rely on fossil fuels, contributing to a cleaner environment and reduced carbon emissions. Banning EFoiling would hinder the growth of environmentally conscious tourism and hinder our efforts to promote sustainability in Hawaii.

    Furthermore, EFoiling has demonstrated to be a safe and enjoyable activity when conducted responsibly. It is essential to focus on education, training, and implementing appropriate safety measures instead of outright prohibition. By doing so, we can foster a culture of responsible water sports enthusiasts who respect marine life, adhere to local regulations, and ensure the safety of themselves and others.

    Hawaii’s unique geography and diverse marine life provide an ideal setting for EFoiling enthusiasts to enjoy this thrilling experience. Outlawing such an activity not only limits recreational opportunities for residents and visitors but also hampers our ability to attract environmentally conscious tourists who seek out sustainable experiences.

    I strongly urge you to consider the significant social and economic implications of banning EFoiling. Instead, let us explore collaborative solutions that balance the interests of various stakeholders while preserving our environment and maintaining a vibrant recreational culture.

    I kindly request that you reconsider your support for bill and support initiatives that promote responsible EFoiling practices through education, awareness, and regulation. Together, we can find a balance that allows us to enjoy our beautiful waters while preserving the unique natural heritage of Hawaii.

    Thank you for your attention to this matter, and I would appreciate the opportunity to discuss this issue further if you are available.

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    Lahela Aiwohi about 1 year ago

    On behalf of the Hawai’i Hotel Alliance, we support resolution 23-183 to approve inclusion to the 2024 Hawai’i State Association of Counties legislative package a state bill relating to motorized watercrafts. We continue to see an increase of motorized watercraft, specifically e-foils, being used and operated near our shoreline. Permit operators have shown negligence as “instructors” with their own paid customers as well as beach goers enjoying their day. We’ve seen and heard of multiple injuries occurring by these motorized watercraft and we need to address this issue sooner rather than later. Please consider adopting resolution 23-183 to help address the safety hazards of motorized watercraft along or near the shoreline. These watercraft should have the same regulations as jet ski operators. Mahalo for your consideration
    Lahela Aiwohi, VP
    Hawai’i Hotel Alliance

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    Guest User about 1 year ago

    I ride an efoil (in addition to normal surf, snorkel, sup), and this would hurt my individual liberty. These boards are not cheap and it’s typically an older crowd using them (I’m one of the youngest I’ve seen and I’m 35). All efoilers I know avoid surfing breaks where surfers are already out, instead going to far out breaks away from people and therefore safe.

    Efoiling is one of the funnest activities I’ve ever done in my life, you get the thrill of being in the ocean and also flying above it at the same time, limiting use of this would be the wrong move and should strongly be opposed.

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    Guest User about 1 year ago

    Educate -Education is the key - balance and harmony with others is also important- I am a fisherman a waterman a swimmer a snorkeler a diver..in other words , I love the ocean and enjoy EFOILING I have a Self imposed rule -when OPERATING AN Efoil When you get on your foil , safely ride at less than 5 mph to minimum of 1000 yards at sea -We do to others as we would like others do unto us- Respect of what is in our care - the ocean and the people and fish and animals around us - Efoil are for sure less noisy and have covered blades and are less polluting - please do not take away this form of exercise ,it is a stress reliever - I also ride a bicycle and it is too dangerous to ride on the Maui roads…Remember when driving a car a boat or a motorcycle you also have the lives of others in your hands . Be alert ! Slow down ! Respect others space.

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    Guest User about 1 year ago

    High risk danger to swimmers and divers

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    Guest User about 1 year ago

    Motorized watercrafts should not be made legal

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    Guest User about 1 year ago

    Drowning is the 5th leading cause of fatal injuries in Hawaii, with an average of nearly 40 deaths a year. Drowning is the only injury cause for which non-residents comprise a majority of victims (53%), and their inclusion increases the average annual number of deaths to 83.

    Number of deaths caused by efoil related incidents = Zero

    If safety is a concern, focus on the root cause and not something erroneous as a efoil.

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    Guest User about 1 year ago

    Before we consider this, we should look at all the other inconsistencies with respect to ocean activities not following the laws and regulations. This will be yet another “thing” that will not be managed appropriately and businesses looking to profit again will push locals out of our spaces.

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    Guest User about 1 year ago

    If jet skis (which are motorized, the same as a boat) are to be operated in a buffer zone away from swimmers and the general public then so should motorized e-foils. The worst that could happen in a surfing line up is someone getting “ran over” by a surf board skeg, unlike the motorized (also should be registered as a motorized craft with DLNR DOBOR) e-foil which reaches higher speeds. The current operating area in Maui and most of the areas around the Hawaiian isles especially around the general public is dangerous! Please give motorized e-foils the same classification and rules/laws as jet skis.

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    Guest User about 1 year ago

    Aloha, we are local to Maui and we oppose on this agenda.

    1. Because there are many differences between jet ski and efoil, you can compare it.

    2.Access to water is made differently for jet skis and efoil.

    3. If you put motor on wingfoil board is becomes thrill craft?

    4. Just because you have few people who don’t like efoils, this over years again and again pops up, please use your time for better solving issues.

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    Guest User about 1 year ago

    I am an E-foiler. 56 years old and my efoil has gotten me back out in the water. I have too many aches and pains to surf with a traditional surf board now. E foiling is safe and easy on my body. I can catch non breaking waves without any one around and if I fall it is like falling in flat water. I am back out enjoying our beautiful waters again. This has been life changing for me.

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    Guest User about 1 year ago

    I believe it would be an extreme over reach and over regulation that targets a select group of citizens for no reason under the guise of environmental protection and public safety.
    This topic is not new and all previous attempts by these special interest groups to ban or reclassify Efoils have failed in both house and senate committees after review of all the facts.
    Both the Hawaii State DOBOR and 
the State Attorney General have previously ruled and reconfirmed in public testimony that Efoils are not to be classified as thrill craft.

    Additionally, many people use eFoils as their only way to get in the ocean due to physical disabilities. This takes away their right and freedom to enjoy ocean activities like all others who are not disabled which is stigmatizing and further isolated people living with disabilities into isolation which can create further concerns such as poor mental health. Our mental health crisis is still rising each day due to poor post-covid planning. Places to house people with mental health concerns are almost always full due to my personal work experience in this field. Not only does this negatively impact Maui County’s mental health crisis further for people protected under ADA policies, but it also creates a trickle down effect for those who cannot surf or do any other ocean activities due to other injuries. Our social security administration office turns a blind eye to those that clearly qualify and I can personally attest to this being a working professional who had to fight and advocate for those who qualified, just to get letters of disqualification.

    What about large company snorkel, whale watch, fishing, and other vessels? As someone who has been employed for many years on these vessels, I can personally attest that the motors are much more damaging to sea life due to their sounds and vibrations they create. What about Pacific Whale Foundation who has broken all rules during whale season
    regarding distance laws, and has (many times) ran over whales where I have seen so much blood in the water it is sickening.

    This issue is biased and much larger than the accusations that are being made by Tiare Lawrence and Kai Nashiki. We cannot rule out one water sport and put it into a new category that it does not belong in. Where is the statistical evidence ladies? Where is the non-biased and scientifically
    -based peer reviewed journal articles? The answer is, there are none. People, sea-life, and our precious Maui reefs are dying and have been for many years. Restoring coral takes many years, if even possible at all. Tiare Lawrence who works for Mahi Pono takes no questions from those asking about the pollution runoff created by Mahi Pono. How can we trust people like Tiare Lawrence (Mahi Pono) who cannot even take ownership of her own faults in ruining so much Maui County land? Show us the data and statistics with everything in Maui County waters that negatively impact all of the allegations being made. Showing data and statistics on eFoil along with all the others mentioned above will be eye openers. I hope you ladies do the right thing and show Maui County evidence-based and peer-reviewed evidence on all of your claims.

    Kai Nashiki, Tiare Lawrence, and other supporters of this biased ban are making baseless accusations. In fact, Tiare Lawrence posted a video on her Instagram during one of their activist events, but I cannot confirm if it was an eFoil (I’m sure she has deleted it by now). However, it was close to shore, which is hypocritical considering the accusations being made. The recent recorded injury from a company that lacks respect for others in the water is at fault here and this reckless business owner should not ruin eFoiling for all. This incident should not be used to generalize all eFoil users and or business owners. The arguments against eFoiling lack factual support and fail to acknowledge the significant efforts made to ensure safety and sustainability that so many honor. Such actions are discriminatory, unethical, and undermine the principles of transparency that our council stands for.

    I am against the resolution that seeks to redefine "thrill craft" to include eFoils. Unlike other items categorized as "Thrill Craft," eFoils are quiet, electric, and non-polluting. They are fundamentally different from wave runners and jet skis, which are typically large, loud, polluting, and operate at high speeds, causing wakes. It is reasonable to restrict the locations where and what times of year these traditional thrill crafts can be used, but eFoils should not be placed in the category of “thrill crafts”.

    This resolution represents an excessive overreach and unnecessary regulation that unfairly targets a specific group of citizens under the guise of environmental protection and public safety. It is important to note that previous attempts by special interest groups to ban or reclassify eFoils have failed after a thorough review of all the facts by both the Hawaii State DOBOR and the State Attorney General. They have consistently ruled that eFoils should not be classified as thrill craft.

    Furthermore, many individuals with physical disabilities rely on eFoils as their only means of enjoying ocean activities. This ban would deprive them of their rights and freedom, further isolating them and potentially exacerbating mental health concerns. Given the rising mental health crisis, with limited resources available for those in need, it is crucial not to add further burdens on individuals protected under ADA policies. Additionally, this ban would also impact those who are unable to participate in ocean activities due to other injuries or non-qualifying disabilities. It is disheartening to see the lack of support from the social security administration office for those who clearly qualify for assistance.

    What about the impact of large company snorkel, whale watch, fishing, and other vessels? Having worked on these vessels for many years, I can personally attest that their motors are much more damaging to sea life due to the sounds and vibrations they create. Let's not forget Pacific Whale Foundation, who has repeatedly violated distance laws during whale season and has caused harm to whales, resulting in distressing scenes of blood in the water.

    This issue is biased and goes beyond the accusations made by Tiare Lawrence and Kai Nashiki. We cannot single out one water sport and place it in a category where it does not belong. Where is the statistical evidence? Where are the non-biased, scientifically-based, peer-reviewed journal articles? The people, sea life, and our precious Maui reefs have been suffering for years. Restoring coral takes a significant amount of time. Tiare Lawrence, who works for Mahi Pono, avoids addressing questions about the pollution runoff caused by the company she works for. How can we trust individuals like Tiare Lawrence (Mahi Pono) who refuse to take responsibility for their own actions in damaging Maui County land, fresh water and the ocean? It is essential for Tiare Lawrence and Kai Nashiki to provide evidence-based and peer-reviewed data and statistics on all their claims, not just about eFoils but with all others mentioned above. This will shed light on the true impact of various activities in Maui County waters. I hope that these individuals do the right thing and present Maui County with evidence-based, peer-reviewed, and scientifically-based to support their claims. Kai Nashiki and Tiare Lawrence, what credentials do you hold to make these accusations?

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    Guest User about 1 year ago

    Our beautiful resources are limited! The commercialization of our bays and waters must be curtailed! Consideration of our ocean life and traditional cultural practices must precede any commercial interests! I urge you to consider the overcrowding of this bay and the dangers that e foiling present. The bay cannot accommodate the number of swimmers, surfers, and canoe paddlers and the non-traditional efoiling riders. Yes the ocean is a big place but, the area in question is not

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    Guest User about 1 year ago

    Most e-foilers are over 40 years old and mature enough to be safe and responsible. E-foils are expensive and most 20 year olds can't afford them. Although they can afford a non motorized foil board. This is the problem, since they have to paddle out they can't go out far enough to avoid swimmers and surfers. They are foiling in the breaking waves. When they fall they are getting tumbled with their foil board. This is what causes most of the injuries. The other injuries are from the foil boards hitting other surfers. E-foilers don't want to be in these areas and we can power out to areas where the waves do no break. If we fall nothing happens. No wave comes crashing down on us.

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    Guest User about 1 year ago

    HAWAII-WHALES-R-US
    DEDICATED TO LIVING IN BALANCE WITH OUR MARINE ENVIRONMENT Richard Craig Roshon – Lecturer, author, Kayak Entrepreneur
    Established 1975

    To: Does Anyone Really Care

    From: Richard Roshon

    Subj: KAHEKILI BEACH PARK TO BLACK ROCK
    Unsafe place to swim

    They are called E-Foils, and electric powered surfboard that can reach speeds of up to 25 miles per hour and emit a noise that can be heard for over 100 yards underwater. The Sea where sound travels 5 times the distance than it does in our atmosphere. Marine species such as turtles, seals and whales use sound to find migration routes, food and mates.

    For nearly 5 decades a place where Sugar Cane once lined the cost line, now the location of Kahekili Beach Park has been the beginning of my daily morning swims to Black Rock and back beginning in the 1970’s. It has always been a nice clean, quiet and safe place to swim. Today dozens of local residents swim along this coast from Kahekili Beach Park to Black Rock and back for their morning exercise. Many of us swim out to the moored Catamaran and then down to Black Rock – NO MORE

    However sadly and unfortunately this E-Foil operation is now operating from the Royal Lahaina Resort. Recently I have heard of several close encounters by daily swimmers as the E-Foil races close by. I have also been told of a few residents approaching the operator of this E-Foil operation questioning this operation and saying that this individual has been rude and some what threatening.

    After 5 decades and a personal frightening close encounter with an E-Foil I will no longer swim in this area and enjoy the meditative quietness that swimming brings. A hit I feel could be fatal – (there is no air bag to protect you such as in a car. It would be a full on hit and a lawsuit will not bring a persons life back who may have just perished or gets seriously injured. Recently in Rhode Island I was told a young boy wass hospitalized due to being hit by an E-Foil.

    I urge all who read this letter to write, call DO something. Don’t just say “Oh that’s to bad”. Do something to eliminate this operation so that other E-foil operations do not appear.

    PLEASE, PLEASE DO SOMETHING, OR THINGS WILL ONLY GET WORSE.

    Here are some addresses, so please take the time to write, call – make copies of this letter and forward, call but again DO SOMETHING.

    Maui County Council, Kalana O Maui Bldg. 200 S. High Street, 8th Floor Wailuku, Maui 96793

    Tamara Paltin, Maui County Council Representing W. Maui, same address as above.
    Tamarra.Palltin@mauicounty.us

    Elle Cochran, House of Representatives, 14th District - Maalaea, W. Maui, Kahakuloa, Waiehu
    415 S. Beretania st. #315, Honolulu, Hawaii 96813 808-586-6160
    repcochran@capitol.hawaii.gov

    State DLNR-Division of Aquatic, 130 Mahalani st. Wailuku, Maui 96793 808-243-5294
    DLNR Main office, Kalanimoku Building, 1151 Punchbowl St. Honolulu, Hawaii 96813
    Dawn N.S. Chang, Chairperson 808-587-0400 dlnr@hawaii.gov

    DLNR Division of Boating & Recreation, Lahaina Small Boat Harbor, 675 Wharf St.
    Lahaina 96761 808-662-4062

    County of Maui – Department of parks & Recreation, 700 Halia Nakua St #2,
    Wailuku, Maui 96793 Patrick McCall Director, Shane Dudoit Deputy Director 808-270-7230

    Love The Sea, 33 Hoe St. Paia, Maui 96779 – Campell Farrell, Executive Director
    808-870-6404 (Non-profit organization)

    Maui SurfRiders, P.O. Box 790549, Paia, Maui 96779, Nicole Rosen, Marina Scott (Non profit organization)

    Division of boating and Ocean Recreation, Maui District Office101 Maalaea Boat Harbor Road, Wailuku, Maui 96793 808-243-5824 dlnr.bd.mauiidistrict@hawaii.gov

    Mr Stephen Hinck, GM Royal Lahaina Resort, 2780 Kekaa Drive, Lahaina, Maui, 96761

    IN CLOSING: Thankyou Royal Lahaina for taking away the once Ambience of a quiet, peaceful and safe place to swim for Residents, Visitors and Nature (Sea Turtles, Seals and Whales)

    DOES ANYONE REALLY CARE
    For the preservation and safety of all life
    Above and Below the SEA

    Richard Roshon
    Lahaina, Maui

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    Guest User about 1 year ago

    I oppose this discriminatory bill and support the rights of individuals to e-foil.
    Brad NaPier MD

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    Guest User about 1 year ago

    TWO HUNDRED FEET AWAY FROM SWIMMERS AT ALL TIMES

    TO WHOM IT MAY CONCERN,

    PLEASE FULLY INVESTIGATE MY COMPLAINT(S) AGAINST E FOIL HAWAII LLC. THE SAFETY AND WELLBEING OF THOUSANDS OF SWIMMERS AND SNORKELERS AS WELL AS THE WHALES, DOLPHINS AND SEA TURTLES THAT TRAVEL BETWEEN BLACK ROCK AND AIRPORT BEACH DEPEND ON YOUR DUE DILIGENCE. PLEASE RESTORE SAFETY AND TRANQUILLITY TO THIS SPIRITUAL PLACE ON OUR PLANET AND SHUT DOWN E FOIL HAWAII LLC AT ONCE!

    MAHALO,
    SCOTT COHN
    SEAGALAS@GMAIL.COM
    619.335.7709

    I IMPLORE THE STATE OF HAWAII MORE SPECIFICALLY MAUI COUNTY TO FULLY INVESTIGATE MY COMPLAINT(S) AGAINST E FOIL HAWAII LLC BEFORE SERIOUS INJURY OR DEATH OCCURS FOR THE THOUSANDS OF SWIMMERS AND SNORKELERS WHO DAILY TRAVEL BETWEEN AIRPORT BEACH AND BLACK ROCK. PLEASE RESTORE SAFETY BEFORE IT'S TOO LATE TO NORTH KAANAPALI BEACH WHILE PROTECTING WHALES, DOLPHINS, SEA TURTLES FROM THIS COMERCIALISM E FOIL OPERATION. THE CULTURAL TRADITIONS OF WEST MAUI HANG IN THE BALANCE.

    MAHALO.,
    SCOTT COHN
    SEAGALAS@GMAIL.COM
    619.335.7709

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    Guest User about 1 year ago

    I support.