Notice Given - No Commercial Tours out of Makena Landing As of Sept. 1
- Thread starter MauiScubaSteve
- Start date
Please register or login
Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.
Benefits of registering include
- Ability to post and comment on topics and discussions.
- A Free photo gallery to share your dive photos with the world.
- You can make this box go away
Correct me if I am wrong (I probably am), but I had heard from more than a couple of people the law is that nobody can own beach property in Hawaii. They can own the land up to the beach, but not the beach as was my understanding. Like I said, I am probably wrong on this, but if not then they can't restrict anybody from the beaches there or the access to them.
that's the point though, all of the beaches are public. and they won't going to close any of the already existing beach access. Specially since I believe the law says that private property can not block public access to the beach.
Same thing is done over on O'ahu at Ko'Olina Resort. It maybe a Private resort with high dollar condos and houses, but they are not allowed to block access to the beach or even block people from parking their.
as for this case, I really think that their is some legal precendence that was established by allowing commercial access for 18years. I am not entirely sure how that works, but it I know that if practice exist for many years it becomes the enforced standard and the court will recognize it as law. For this case, the law specifically states that the owners MUST allow public access, but says nothing about commercial entities. If they law stated that commercial industry MAY NOT operate it would be different, but in this case, it doesn't seem to say anything, and the practice has been to allow for many years, they established the required precedence to allow it forever.
Same thing is done over on O'ahu at Ko'Olina Resort. It maybe a Private resort with high dollar condos and houses, but they are not allowed to block access to the beach or even block people from parking their.
as for this case, I really think that their is some legal precendence that was established by allowing commercial access for 18years. I am not entirely sure how that works, but it I know that if practice exist for many years it becomes the enforced standard and the court will recognize it as law. For this case, the law specifically states that the owners MUST allow public access, but says nothing about commercial entities. If they law stated that commercial industry MAY NOT operate it would be different, but in this case, it doesn't seem to say anything, and the practice has been to allow for many years, they established the required precedence to allow it forever.
Last edited:
Charlie99
Contributor
- Messages
- 7,966
- Reaction score
- 169
- # of dives
- 500 - 999
Business activity has more restrictions than does personal access.
For example, YOU can also drive a boat out to Molokini anytime you want for personal diving. Dive ops and snorkel tours must get one of the severely restricted licenses. I'm pretty sure that most people agree that this is a good thing.
Opinions are not so unanmous about restriction of commercial activity (mostly kayak tours, and also some shore diving) at Makena Landing.
Shaka Doug
Contributor
Welcome back the 'Fly by Nighters'.
Read todays Maui News. Steve left a link in his post. At the very end of the article Everett Dowling says he had to kick us out because our activities were illegal in the first place.
Here's an excerpt:
When he researched the issue, Dowling, whose Namalu subsidiary owns the Makena land, said he learned that the areas are actually zoned Parks 1, which strictly prohibits commercial activities there. Once that was discovered, he had no choice, he said.
What is 'Parks 1' zoning???? I've been permitted like a lot of other businesses. This is news to us.
Here's his quote:
When asked if Dowling was pursuing this course of action because he and his business partners are developing in the area, he replied: "We're doing it because it's illegal to allow it."
Are you kidding me? Anyone have any idea how to put together a class action lawsuit? I've had a permit for ten years. How can I get a permit to dive there if it's illegal anyways? Someone has been breaking the law for a very long time.
You got it right Steve, big business controls Mother Maui.
The weirdest thing has been happening down there. You know the two blind curves at Makena Landing? I've noticed that people are starting to lay on their horn so they don't hit another car or pedestrian as they go around the bend. I've noticed it a lot. See if it happens next time you go there. It's a good idea, really. That's how they do it on the road to Hana. Some places it even advises you to honk your horn for safety. I don't want to hit anyone when I drive through there. Let's keep Makena Landing safe. Honk your horn for safety. Be especially careful when driving through there around 6 am and dinner time. There's lots of innocent pedestrians that could be in the road. Honk long enough to give enough notice to avoid an accident.
Read todays Maui News. Steve left a link in his post. At the very end of the article Everett Dowling says he had to kick us out because our activities were illegal in the first place.
Here's an excerpt:
When he researched the issue, Dowling, whose Namalu subsidiary owns the Makena land, said he learned that the areas are actually zoned Parks 1, which strictly prohibits commercial activities there. Once that was discovered, he had no choice, he said.
What is 'Parks 1' zoning???? I've been permitted like a lot of other businesses. This is news to us.
Here's his quote:
When asked if Dowling was pursuing this course of action because he and his business partners are developing in the area, he replied: "We're doing it because it's illegal to allow it."
Are you kidding me? Anyone have any idea how to put together a class action lawsuit? I've had a permit for ten years. How can I get a permit to dive there if it's illegal anyways? Someone has been breaking the law for a very long time.
You got it right Steve, big business controls Mother Maui.
The weirdest thing has been happening down there. You know the two blind curves at Makena Landing? I've noticed that people are starting to lay on their horn so they don't hit another car or pedestrian as they go around the bend. I've noticed it a lot. See if it happens next time you go there. It's a good idea, really. That's how they do it on the road to Hana. Some places it even advises you to honk your horn for safety. I don't want to hit anyone when I drive through there. Let's keep Makena Landing safe. Honk your horn for safety. Be especially careful when driving through there around 6 am and dinner time. There's lots of innocent pedestrians that could be in the road. Honk long enough to give enough notice to avoid an accident.
ScubaSeanMaui
Contributor
So they are going to do kayaking out of the South Kihei boat ramp? It's really a shame that big business can step on the commercials like a bug... For comm. scuba divers can you go in at the 5 caves area? Is that off-limits too? I bet several companies will be out of business after this..Time to find another island!
Sean
Sean
OP
Makena Landing is more of a swim getting to and fro' the good stuff than most guided dive patrons are interested in, but it has a nice parking lot, easy ocean entry/exit, showers, restrooms, with a couple nice grass areas. 5 Graves is dirt parking on either side of the road, not much of a path the last 20 yards to the water and the jagged, slippery, often surgie and full of urchins notch where we enter/exit the ocean is not what 90% of the vacation divers would consider an entry/exit.
I do have three repeat families, all dad's with two kids, who like doing a two-tank dive there; starting with 5 Graves, ending with showers. Or I should say the 7 guys do it regularly and the 11-14 year old girls only did the 5 Graves side once. The girls love doing the whole thing with scooters every now and again. I only guide the 5 Graves side as a tough guy example for the kids; adults complain too much.
I don't see how the South Maui kayak operators can stay in business. If they all move to the next best location to launch wimpy tourists and still possibly reach Little Beach there will be much, much more congestion (smaller access). Who would pay to go on a guided Kayak tour from Kihei Ramp; there's nothing special within reach except for whales in the Winter.
Scuba business is not going to be as affected, due to the reasons listed above. Most dive customers would just as well do this dive as Turtle Town from a boat. There are some operators who have cultivated a Makena Landing cliental and will be significantly impacted. Just about anybody claiming to "bring in groups of four divers to Makena Landing about two times a day" learned the definition of "about" from slick Willie.
Last edited:
I learned today of a rather significant item that will impact South Maui shore diving operations, however.
Whenever they get around to doing the Renaissance/Baccarat reno, Ulua Beach Park will also be closed (completely) while they use that as a staging area, then reno it as well. This is coming from the Wailea Community Association maintenance guy that I spoke to at Ulua.
This process is currently slated to begin Jan 1, and last about six months. Of course, that might get pushed back again. Apparently Baccarat needs to sell 100 units before they can start the reno / construction and the latest this fellow had heard was they had sold 37.
Whenever they get around to doing the Renaissance/Baccarat reno, Ulua Beach Park will also be closed (completely) while they use that as a staging area, then reno it as well. This is coming from the Wailea Community Association maintenance guy that I spoke to at Ulua.
This process is currently slated to begin Jan 1, and last about six months. Of course, that might get pushed back again. Apparently Baccarat needs to sell 100 units before they can start the reno / construction and the latest this fellow had heard was they had sold 37.
thanks for the info Kris. Between the economy and 'island time' who knows when that will really get started. . . has the Renaissance even been torn down yet? Or will the tear down/build happen all at once? Thanks again. Maggi
Similar threads
