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

[Al Mialkovsky]

I can see only doing checkout dives at the parks, perhaps being forced inside of an actual classroom for that portion. But trust me, lots of divers will look to other islands eventually. If I weren't a pro and wanted to take advanced classes, it may be difficult to actually schedule a class during a vacation. I want a pro to take me night diving, can't do it. I can also see limiting acess to beaches on weekends so locals have better parking but cutting that far back on permits is scary at least. It is going to put lots of ops out of business and cripple the rest.

Not to mention the tourist, who gets a bug up their butt to get certified while on vacation is totally out of luck. Booking is going to be an issue especially with ops restricted to one beach and restricted to only two instructors.

I think what will happen is outlaw instructors will get sneakier. They will lose what control they already have. I have gone across state lines here in the northwest and used sites that required permits and simply told my students that if anyone asks, we aren't a class, we're just divers having fun.

 

[MauiScubaSteve]

I think what will happen is outlaw instructors will get sneakier.

That is most likely already happening, as there are only 14 permitted scuba operators Island-wide. Most of the dive shops have one and many of the resort operators have one. My fast fuzzy math would indicate only 5 or so independent instructors have permits (like Doug), maybe less.

An independent operator could possibly contract with a beach-front home owner and access some sites without use of County facilities. The resort operators do not need permits for dives from the fronting beach, but it's hardly a full service operation if you can't take guests to St. Anthony/Ulua/5-Caves.

With the added expense of lifeguard training, current cpr/first aid, guest transportation and brick & mortar business location (to name a few) not many independents will qualify.

 

[Thalassamania]

... With the added expense of lifeguard training, current cpr/first aid, guest transportation and brick & mortar business location (to name a few) not many independents will qualify.

I would expect that a dive rescue cert would take care of the lifeguard question, first/aid and CPR are something every instructor should have, parking is clearly a problem that must be dealt with, stupid regulations or not and I don't remember a requirement for a storefront.

One of my major concerns is the county's insurance requirements. I do not understand them. In most places public entities enjoy sovereign immunity and thus the insurance requirements are a little strange. These insurance requirement do concern me, I have long advocated diving shifting to a defense only form of insurance like the sky diving industry, this would essentially end that possibility.

I also wonder about the County's power to define a non-profit 501C3, which is a federal designation as "commerce."

My read is that it all benefits the boat based operators, I'd look for public officials with relatives who own dive boats,

 

[friscuba]

The Lifeguard thing could be a real sticking point for a lot of instructors. A dive rescue certification is nothing compared to what lifeguards have to go through if I recall from my junior lifesaving class (which I failed when I was 12 or 13 - the instructor gal didn't particularly care for where my hand was on the rescue tow, I was too young to even think about such things at the time). I bet I'd have to work out hard for three months minimum to meet their swimming requirements if they are what I suspect they are... you'd see a lot of us older guys not teaching anymore.

 

[Thalassamania]

Here's the Red Cross Lifeguard swim test:

• Swim 300 yards continuously, using these strokes: 100 yards of front crawl using rhythmic breathing and a stabilizing propellant kick
• 100 yards breaststroke
• 100 yards of either front crawl using rhythmic breathing, or breaststroke or a combination of both
• Swim 20 yards (front crawl or breast stroke), surface dive to a depth of 7-10 feet, retrieve a 10-pound object, and return with it to the surface, and swim back 20 yards.

This is a timed event. I don't remember the time, but it was generous.

If that gives you pause, well ... perhaps a bit more swimming is in order.

 

[MauiScubaSteve]

When I was cliff diver/pool monitor at Waimea Park, I challenged re-certification as Red Cross Lifeguard (just pass the tests) and that was not too hard, but certification to Ocean Lifeguard standards is significantly more rigorous.

The now re-located page of proposed rules included a requirement for physical business location with proper approval if not located in a business district. Some independent's may currently be using a business district P.O. Box while actually operating out of their residential home (as quite a few boats also do).

 

[Thalassamania]

When I was cliff diver/pool monitor at Waimea Park, I challenged re-certification as Red Cross Lifeguard (just pass the tests) and that was not too hard, but certification to Ocean Lifeguard standards is significantly more rigorous.

Having passed the LA County Ocean Lifeguard test back in the 1970s I know what you mean. But the Maui rules specifically said Red Cross, and that is (I believe) the Red Cross Lifeguard swimming test. I also assume that the "or equivalent" clause would permit Dive Rescue (or DM or Instructor).

The now re-located page of proposed rules included a requirement for physical business location with proper approval if not located in a business district. Some independent's may currently be using a business district P.O. Box while actually operating out of their residential home (as quite a few boats also do).

Now that really sucks.

 

[ScubaSeanMaui]

That is most likely already happening, as there are only 14 permitted scuba operators Island-wide. Most of the dive shops have one and many of the resort operators have one. My fast fuzzy math would indicate only 5 or so independent instructors have permits (like Doug), maybe less.

From page 86 of the CORA study(the III PDF):

Ulua/Mokapu Beach park CORA Operators

Action Adventure Travel
B&B Scuba
Bob's Maui Dive Shop
Evans, John E.
Extended Horizons, Inc.
Fielding, Ann
Kihei Scuba Services, Inc. (Susan Robinson)
Kihei Scuba Services, Inc. (Edward Robinson)
Lahaina Divers, Inc.
Makena Kayak & Tours, Inc.
Maui Dreams Dive Co.
Maui Sun Divers
Molokini Divers, Inc.
Octopus Garden Diver, Inc.
Premier Scuba and Activities of Maui
Private Kayak Tours
Reef Encounters, Inc.
Shaka Divers
South Pacific Kayak & Outfitters
Ultra Dive, Inc.

It looks like several names I have never heard of and some are very strangely present here like Lahaina Divers and Extended Horizons... This is just for 1 dive site.
Each site is discussed and the operators are listed on there. check it out!

Sean

 

[MauiScubaSteve]

I guess I was confused by Chapter 1, which states that (at the time of study) there were 57 permitted CORA businesses in 6 disciplines; Kayaking, Snorkeling, Scuba, Surfing, Wind Surfing, Kite Boarding. In Chapter 2, Table II-1 can be found ~a fifth of the way down showing 14 Scuba out of 56 activities (of 29 respondents to the survey). There is evidently no table showing the actual break down of permits by activity, but subtracting the permitted businesses other than Scuba from 57 will result in a number only slightly higher than 14 if Surf Schools and Kayak Tours in South Maui are any indication.

As that is one of the most recognized shore dive sites, it is very likely that most of the Islands scuba permits list Makena Landing (15?). Chapter 1 also states that permits were stopped until the rules are authorized. It should be noted that the Study Report and Draft Rules that we are examining were released Sept. - Nov. '05, so the actual study period was July 1 '03 - June 30 '04.

 

[Al Mialkovsky]

I don't see the Maui Dive Shop listed there, they must be under one of the other business names I don't recognize.

Lifeguard wouldn't be attainable by many scuba instructors. When the shop I used to work for got a pool they wanted every instructor to become life guards. Then they read the standards and said, nevermind