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

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This all seems pretty shady.... I wish you all the best in protecting your companies over there.

I suppose the best question to ask is who stands to gain if this passes. My money is on the big dive Ops and Boat related shops. Bummer too, because shore diving is such a great way to conduct Refreshers/Discovers/OW courses. Keep us posted please.

G
 
This all seems pretty shady.... I wish you all the best in protecting your companies over there.

I suppose the best question to ask is who stands to gain if this passes. My money is on the big dive Ops and Boat related shops. Bummer too, because shore diving is such a great way to conduct Refreshers/Discovers/OW courses. Keep us posted please.

G
The following of the money certainly would point towards the boat operators *IF* it was only scuba being affected. But just in that it's all beach recreation, that doesn't seem right.

My guess: it's the old retirees that have purchased an expensive home here and can't find a parking spot within 50' of the beach that are driving this. All those young whipper-snappers are polluting our beaches by wanting to learn how to surf / dive!

The locals don't have the cash, I don't think, so that influence isn't likely... and it doesn't reek of the typically local sounding thing either -- they'd be saying cut it off completely.

As for boat operators -- apparently one other movement in progress is to close Molokini *completely*. So those operators would be out of business, too.

Strangely, the rules favour the reasonably small companies, when you think about it.

The company that would be least affected would be the one that has two instructors and dives 95% of the time at the same beach, yet maintains a physical storefront. The *only* two shops I can think of that might come close to this level on the South side are Scuba Shack and B&B.

It's going to be much harder for a large shore-diving company like Maui Dive Shop or Maui Dreams (each having 6+ instructors going to 2+ locations each day) to cut down than it would for those operators.
 
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.

If you look at the rules, there's a definition that makes things look good for some of us independents that don't accept money for the teaching we do at the beach:

Commercial ocean recreational activity ("CORA") means an ocean recreational activity for which patrons make a payment to an individual or business in exchange for instruction or guidance in that particular activity.

If I'm not receiving payment for providing the instruction or guidance at the beach, then it stands that I'm not a CORA and can continue activities as usual.

Current rules also require a contractual relationship between client and vendor -- without exchange of "consideration" (i.e. money/services/product) there is no contract -- that's covered in any intro to business law course you can find.

So basically, if these rules are put in place, there will be ways around them that aren't so different now, and the major difference will be fewer permits with less money going to the county.
 
...So basically, if these rules are put in place, there will be ways around them that aren't so different now, and the major difference will be fewer permits with less money going to the county.

This may be true, but it's unethical for the county to require folks to do business this way - it's like the county is requiring folks break the law to do business - very reminiscent of the building permit process over here... When my church recently (2 years ago) applied for a building permit we were told "just call it a wharehouse, we'll pass it and then you can use it for whatever you want." (needless to say it's been 2 years ... and counting to get permission to remodel) This type of attitude is wrong on the part of the county... and will continue to cost them in lawsuits that get raised against them (as has happened in other areas where they have forced issues like this)

Aloha, Tim
 
Tim while shopping for a home on maui I asked if there was room for an ohana and is it allowed. We were given the same story you were before building the warehouse. Just go ahead, call it a garage and since the lot is large enough no one cares.

If the shop I plan to work for retains their permit I'll be on Maui. If they lose it, I'll be on the Big Island. I think the Maui Dive Shop is going to have to get a grandfather clause or they'll lose a lot of business.

So I talked to the shop I'm helping with now and found out he teaches a red cross lifeguard course. It's a very long course, something like a solid week.

What a pain.

Good luck tonight at the meeting. I'll be anxious to check in here afterwards.
 
Well I know tonight was just the permit holders speaking but if anyone has some imput as to what was said I'd love to hear it.
 
I was there. Lots of people were in attendance and everyone expressed their objections to just about every single line in the draft... Many said they would go out of business if they couldn't teach/lead dives on Sundays, holidays, or at night... They didn't say how they would be picking who's in or who's out but they did mention "grandfather" a few times for the current permit holders... A DLNR guy was there and he made it clear that the public access and resource preservation were the main priority.. Stan mentioned that they tried to do this before and the proposal was not adopted so there is hope! They are going to try to get a few reps from each segment (scuba, snorkel, kayak, surf, windsurf) and have smaller group discussions and try to work some things out... I asked one of the guys about new businesses getting permits and he just shook his head... I guess you'll have to work through an existing permit... It's probably a good idea to start emailing your local reps regarding this:

Here is a list of contacts:

MAUI GOVERNMENT

Sean
 
You know, there are so many issues at stake here, with fingers being pointed at every direction.

One of the key things is this "resource protection" business. People claim that divers are wrecking the coral. Oddly enough, it's usually the dive instructors that are telling their students (and any snorkeler we see walking on it) not to touch it as it causes irreparable harm to the ecosystem.

I don't see any instructors around here cutting open urchins, either, though I've heard of people doing that for fun to watch the fish feed on them.

Not to mention the fact that dive instructors are the closest thing to a lifeguard at many beaches -- especially Ulua! Bob from PWF is great for being helpful, but I've had him approach me several times asking for first aid help / equipment when someone's injured themselves in the surf or on the sharp rocks / coral.

As for public access... well, I can see that to a certain extent simply because beach popularity has outgrown parking. But are not dive instructors and their students part of the public? It would be different if we were parking there, then walking over to the condo complex because there isn't enough parking at the condos.

Perhaps instituting a parking pass system would be the best solution. Even $1 for a few hours would not be a problem for people, yet would encourage carpooling and general good resource usage.

The only beach I've ever had significant trouble parking at is Ulua, as your choice is that lot or the next beach over -- nothing for street parking nearby. Even with Keawakapu, it just means parking on the street...

The trouble with the grandfathering concept is that it would ensure gradual stagnation of the industry. In a time where the general US economy is heading down the crapper, you'd think the county would not be so nearsighted as to do anything to harm the industry that keeps the island afloat.
 
It's definitely very anti-business. I think it's totally unfair to people who want to be in the diving business but can't get a permit. They said that the ocean activities industry is basically closed. No new permits... yet Maui Dive Shop has 3 boats, ER has 2, MDS does a gazillion certs per week running all over Maui... They need to cap shops like MDS and allow for other businesses to compete/enter the market if they need to do anything...I also think people should pay by students certified rather than 500 per year for 3 beaches... What a windfall for MDS to only pay 500 dollars yet pretty costly to the single man freelancer... How about 15-20 dollars per student for beach access.. You register with the county and get a time block and pick of beaches for that block... This way they have a cap on the people at each beach, but MDS has to enter the queue like Shaka Doug to reserve his time slots... First come first served with a fixed amount of students you can run at the same time per permit... You may have to travel to find an open beach... It's not perfect but at least the little guy can get some action instead of MDS using up all the air... It's so unfair you can't get anymore permits!

I predict the status quo will prevail and secure their beach access or the proposal will be voted down. I hope the scuba reps include the non-boat single-person business as well as the armada dive operators...those big operators are only going to look after their own interests IMHO...
I could be totally wrong about the outcome but I can dive anywhere at any time since I'm just a public access person! :)

Sean
 

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