Unfair Maui Rules May End Scuba Instruction! We Need Your Help

[JTH2711]

This is sad. How will this effect the others five sports as well? My wife and I had our honeymoon in Lahaina, which is on Maui and people were teaching surfing by the truckload. Are they trying to shoot Tourism in the a$$. It just seems wierd. Do the resorts have anything to gain by this? Are they trying to start their own Dive schools? Doesn't make alot of sense.

 

[howard4113]

Please attend and voice your opinions. If these new rules go into effect it will be very difficult for me to stay in business. New Dive Instructors can pretty much forget about being allowed access to teach people to dive off our county beaches.

Hey Doug,

New instructors have not been able to get permits to teach for many years.

Mark

 

[Shaka Doug]

Hey Doug,

New instructors have not been able to get permits to teach for many years.

Mark

Q: So, how do YOU manage to teach scuba, a sport you love, on Maui then Mark? I see you promoting your services right here on SB. Do you have a permit or do you just do it on the DL?

I am well aware that it has been impossible for new guys to get permits Mark and I'm fighting for YOUR rights as well as mine. If we let them have their way that will never change and that's not right. A solo instructor should be able to teach an occasional class here and there in the parks or off the beach without fear of citation or arrest. The Parks Department should accommodate them and issue them permits. I am a one man show. I compete directly with ops like Maui Dive Shop and Lahaina Divers. For sake of example, Maui Dive Shop has 6 or 7 stores (I lost count), 4 or 5 boats, countless employees, a bunch of 'beach instructors', at least 3 beach dive trucks and they get the lions share of dive business here on Maui. Why should my permit be exactly like theirs? It's a poorly designed permit system and it really needs to be re-evaluated. The new proposed rules are terrible and will prove to be difficult to enforce. They will also really hamper small businesses like mine (and yours). You know, you can't even accept a tip from someone for one of your FREE dive classes Mark! That's considered compensation and without the proper permit (unobtainable to new guys like you at this point) you could be cited, arrested or both. That's just not cool.

Where's the incentive for a young kid from Maui who loves the ocean and diving? He has no future to live his dream. I live my dream. I am passionate about diving and I've been fortunate to make it my life's purpose. I feel bad for the up and coming guys and gals who would like to do what I do. At best they can get a job working for MDS or LD or some other dive shop and be LUCKY if they get paid $10 - $12 an hour for a three or four hour assignment (beach dive). If they don't like it, too bad, there's lot's of other DI's who would take the job (for a while). No one can survive here on Maui for that kind of money. When I worked for MDS in 1997 they paid me $7.50 an hour!! That was with 12 years instructing experience and a captains license under my belt!!! PLUS I used my own truck and gas to get to the beach!! It hasn't gotten much better from what I hear.

I've seen lots of dive instructors come and go during my twelve years teaching from the beaches on Maui. (Only a couple of guys come to mind that have been doing what I do for as long or longer than me and they're both fed up with this permit system.) Some are really good at what they do. None have been able to keep the jobs because the pay doesn't cut it. This is bad how? Well, the tourists, (while under the impression that they are diving with an experienced local Dm or Instructor) many times end up getting 'the new guy' to take them out. The instructors have to give up what they love because they can't afford to keep doing that job. Some of them even move off island back to somewhere else and their dream is squashed. That's not right in my eyes. We live in America and you are supposed to be able to have an American Dream. Our great country was founded by entrepreneurial people. Now things just aren't the same, are they. In this economic situation, the county government should be encouraging new start-up businesses, not strangling the ones that are already in existence and prohibiting new ones. We will end up with one or two choices and shore diving will have become monopolized here on Maui. That's not good no matter how you look at it (unless of course you are the guy who has the monopoly). People like to have choices. Competition makes for better business and weeds out the bad guys. Take it away and we will have the equivalent of 'McDonalds of diving'. That will hurt our industry, not help it.

Watch all the new fly by night guys spring up. It's already happening. They don't have permits. No one is checking them out to see if they are legit. I know these locations well and I see them at Makena Landing, Ulua Beach, Five Caves, and other sites. These guys mean well and are just trying to make a buck and have some good dives, but, do they have proper insurance and ratings? First Aid and Oxygen readily available? Other safety equipment? Experience? Dive Flags? Not always. Go take your chances if you want to. It's a result of the permit system being a joke. Not the intention of the permit system that I would expect from our county government. The guys like me who play be the rules have the most to lose.

Have you written to our legislators yet? Contact info is in one of my earlier posts. The public hearing is a week from today! Have you marked your day planner and made plans to attend? Please help us Ohana! Otherwise you and your kids will get shortchanged on this issue. None of us want that to happen.

Imagine you are visiting Maui or new to diving here and have no local knowledge of the area. You wish to gain some experience from a knowledgeable, local, professional guide. Now imagine it being ILLEGAL for you to hire me to take you on an afternoon dive even though you are convinced it would be safer to hire me than go on your own to an unfamiliar spot. Where's the sense in that? Let's say you show up at Ulua Beach one Saturday around 9:00 am to go for a dive. The parking lot is overflowing and you can't get a parking spot. You come back at 10:00 and it's the same thing. The reef is covered with divers because they all have to dive at the same time. So you decide to wait a few hours for things to loosen up. You come back at 12:30 (or 2:30 or whatever) and now the parking lot is half empty. All the divers are gone and the conditions are still great but you are new to this site and you want a guide. It would be ILLEGAL for me to take you out to dive and familiarize yourself with that beautiful dive site (even with my $500 per year permit). ILLEGAL!! We must fight this! You would have to come back another time (and have the same issues...no parking, crowded reef, divers everywhere, etc.) Some locations would be even worse as they won't let us dive on SUNDAYS or HOLIDAYS! And M-F after 2:00 pm, same story! That's Bull! How many people like to dive on their DAY OFF FROM WORK? How many people and students can only dive on their days off or after school is out? How many people can afford to take a day off during the week just to dive? These days? Not so many!

Please take the time to read the proposed rules and express your opinion to our legislators here on Maui. It is thought by many that once these rules take hold here they will become the model for rules on the other islands. Are you ready for that where you live? I'll bet not!

Thank you for reading my post and for helping us fight this. Sorry to rant but I'm jacked on the juice again and I'm very disturbed by what my elected officials are doing to my industry. I've been leading beach dives since 1985. I have a perfect safety record and have never gotten a ticket or even a warning at the beach for doing something wrong. The way they are treating us is disrespectful to me and my colleagues.

 

[Black_3000psi]

here is the best help anyone can give you how you use it is up to you guys.

United States Consitution states that no State government shall inact any law that discriminates against or singles out any group of people.( not in those exact words but the meaning is the same.)there is also a question of equal protection of the law.which is alittle more complicated. as i have said many times before. you can not fight the state on a state level when you fight the state there is a constitutional challenge involved you had best use it.

 

[Thalassamania]

here is the best help anyone can give you how you use it is up to you guys.

United States Consitution states that no State government shall inact any law that discriminates against or singles out any group of people.( not in those exact words but the meaning is the same.)there is also a question of equal protection of the law.which is alittle more complicated. as i have said many times before. you can not fight the state on a state level when you fight the state there is a constitutional challenge involved you had best use it.

Not applicable here, if you're not a member of a "protected" class you're SOL.

Discrimination is unfair or unequal treatment of an individual (or group) based on certain legally-protected characteristics -- including age, disability, ethnicity, gender, national origin, race, religion, sexual orientation. Federal and state laws prohibit discrimination against members of these protected groups in a number of settings, including education, employment, government services, housing, lending, public accommodations, transportation, and voting.

 

[Rich Wilkman]

CORA marches forward.

(sorry, can't post links yet). Go to www dot mauinews dot com; it's a front page item. Hopefully a higher post count member can oblige. Unlike previous Maui News articles on the subject, it doesn't look like they enable commenting on this one.

My wife and I have been going to Maui for the last 12 years (at least once a year). We have a LDS that we love to death, boats that we reuse regularly and businesses we revisit every year even if they move. At this point, we don't go to Maui for much more than the people we've met and grown to love and to dive. We take classes every couple years just to keep learning. If we could figure out how to make a living there, we'd have already moved; it's definitely our Happy Place.

I know other repeat visitors such as ourselves who've been following CORA with mouths wide open. We have similar access issues here in CA but nothing this 'locals only' in our approaches. Owners of LDS around here are also shocked when I tell them about it. It's bloody mind boggling.

What happened to the list of suggestions put out a month or so ago (no gloves, etc.) that folks on the receiving end of CORA put out? The pols in this one seem to be more intent on their local political legacy no matter the cost to Maui County in the larger scheme.

-Rich

 

[Thalassamania]

Link to Maui News

 

[Peter Guy]

Thal, while I don't like, nor want, to contradict the master, there is some interesting law on business permits that does NOT rely on "protected class" status, but, to the contrary, "Due Process" rights to operate a business. This is a very sketchy area of law and not particularly favorable to people who want to work, but it IS a possible legal avenue to attack an "unreasonable" restriction on the ability to work.

 

[Thalassamania]

Thal, while I don't like, nor want, to contradict the master, there is some interesting law on business permits that does NOT rely on "protected class" status, but, to the contrary, "Due Process" rights to operate a business. This is a very sketchy area of law and not particularly favorable to people who want to work, but it IS a possible legal avenue to attack an "unreasonable" restriction on the ability to work.

Hey - feel free, for me business law is not even really a hobby. That's interesting, and I'd guess a whole lot more useful than appeals to the first or fourteen amendments that seem a bit of a stretch.

I don't much like the inefficiency that I've seen of the county governments out here - I know I just built a house here, so I rather hate to see them inflict their ineptitude on anyone. So ... putting the proposed solution details aside for a moment ... is there a problem (parking, crowding, noise, trash, etc.) that needs solving?

 

[Shaka Doug]

So ... putting the proposed solution details aside for a moment ... is there a problem (parking, crowding, noise, trash, etc.) that needs solving?

There are some issues with parking at certain locations. Overcrowding too. However, their solution will only make these two issues worse! The beaches are most crowded in the mornings on Maui. The other heavy time for people is sunset at some beaches. (Most activities that we're talking about don't take place at sunset so not an issue). By forcing us all to be at the parks at the required times it will contribute to overcrowding and lack of parking. Don't they get this??? (where's the bang head aganst wall smiley when you need it?)

Their problem, as indicated in the Maui News article, is to reduce the permit count from 139 to 90 over a few years. That's a big drop people. To the tune of over 35% of us going out of business. Do the math. Here's is a excerpt from the newspaper article:

Horcajo said the county is renewing all existing permits.

However, the Department of Parks and Recreation eventually will slowly whittle down the permits from 139 now to a total of about 90 through attrition, she said. The process is likely to take years.

Through "attrition". Don't you just love how they throw that word around like they are some kind of scholar or something? Is attrition a good thing? Die or go out of business is my definition. Here is a definition I found online:

Attrition: n

1. A rubbing away or wearing down by friction.
2. A gradual diminution in number or strength because of constant stress.
3. A gradual, natural reduction in membership or personnel, as through retirement, resignation, or death.
4. Repentance for sin motivated by fear of punishment rather than by love of God.

Here's another Business Definition of Attrition:

Normal and uncontrollable reduction of a work force because of retirement, death, sickness, and relocation. It is one method of reducing the size of a work force without management taking any overt actions. The drawback to reduction by attrition is that reductions are often unpredictable and can leave gaps in an organization.

My question is this: If the parks can only handle 90 permits, how did we end up with 139 out there today?? And why are they "RENEWNG ALL EXISTING PERMITS"? (taken straight from the article) You would think someone would have taken notice along the way. That's over 50% too many permits in their eyes! Were they asleep at the wheel or what? Who let it get so out of control in the first place?? They did and they never enforced any rules nor did they assess the permit holders over the years to keep them within sustainable usage.

Years ago, they issued kayak permits to anyone with the cash for one. If you had some kayaks and some cash you were in business. I know guys who went to Costco, bought 6 kayaks on their credit card and were in business the next week leading snorkel/kayak tours. It didn't matter that they were taking people out on snorkeling adventures for the first time in their lives and the operators were not certified or insured DM's or Dive Instructors. It didn't matter that somedays kayakers would take out groups of twenty kayaks or more for a big tour. The carrying capacities were never set or regulated by the Parks Department years ago and that's why things got so out of control.

One of my good friends brother (let's call him Rich) moved here from Denver about 7 years ago. Three days later he tells me he has a job leading kayak tours off Makena Landing. I was like, "What? How can you be doing this? What do you know about kayaking and snorkeling? What do you know about ocean safety? What do you know about local knowledge of the reefs and sea conditions?" He was an accident waiting to happen and sure enough it did. No offense to him but Rich had no business taking tourists out kayaking! He had no water skills nor safety training. He ended up getting a family washed up on some wash rocks by Malauaka Beach, the kayaks overturned, they lost two sets of fins, the father and his two boys were sliced up from the lava rocks and loaded with sea urchin spines all in their feet, arms, legs and hands. All three of them were bleeding all over the place! I was there when he came back to shore from the trip and the ambulance was called for these guys! I did first aid until the paramedics arrived. It was not a pretty site and could have been completely avoidable!!!! Rich was pretty shaken by the whole thing and quit doing kayak tours a couple days later. I have no idea what happened to these particular tourists but I do know they had to be in a lot of pain from the scrapes and sea urchins! Ouch!! They were a mess!

That's how it used to be and I can see that they need to regulate our industry to prevent it from happening again. However, the methods they are taking and the plans they are making have a lot of flaws and we need to stop them before they become law. Who is coming to the hearing? They will also accept written testimony if you can't be there in person.

Thanks for your help. Remember, this can happen on your island next. I have been here on Maui for just about 12 years now. I have worked hard and have established a good reputation in the diving business. I have met lots of you scubaboarders and shown many of you a great time underwater. How can they get away with making it illegal for me to do what I do so well. How can they get away with limiting your access to safe diving? Would you like to hire me for a tour of an unfamiliar reef? Would you like a local orientation dive to start you off on the right foot? We can only do it where and when they say we can. Hope that fits your schedule. Are you going to let that happen or are you going to stand up for your right to choose your own safe diving.

How do you like my new logo that was inspired by this mess? I have mixed feelings about it myself. Part of me loves it, another part of me is appalled I even came up with it. It's not my style to be confrontational and combative but I will be when pushed into a corner.

SCUBA DIVING IS NOT A CRIME!

Don't mind me, I'm jacked on the juice again! Have you tried the worlds best acai berry blend yet?? It gets me pretty fired up which is just what I need to beat these guys at this game. Amazing stuff! PM me if you'd like to know where you can get some. I'll be drinking a bunch of it before the hearing on Friday. Watch out!