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

[KrisB]

I wonder if a better application might be to do it the same way they do the Molokini permits: a percentage of gross training income. This would be more fair to the consumer, too -- if the operator's gross training income is $0 (i.e. no charge for training), then they don't have to add an additional fee.

I wonder, too if it isn't maybe just necessary to increase the permit cost. Maybe $250 per beach, per year, PER PERMIT. I.e. if a company has four permits (i.e. four instructors) with five beaches named, they'd pay $5,000 for the year. This would be sufficient enough to have the company not naming every beach they might use, just the ones they need...

 

[MauiScubaSteve]

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...

The current County Administration has been taking some very restrictive moves with respect to resident quality of life vs vacation industry over-encroachment. The popular Beach Parks are overcrowded on weekends and Holidays, when weather is nice. This is also the International Year of the Reef. There have been many recent studies published along with legislation both passed and proposed calling for an immediate reduction in negative impact on the marine ecosystem.

I am of the opinion that in the long run the County of Maui is serious about reducing the number of permits to at least the numbers in the First Draft Proposal. The current proposal is their low starting point in the horse trading of compromise. Due to the way the grandfather clause works, if implemented peak usage at Ulua and Makena Landing would invariably increase, and permits may actually be available for the least attractive Beach Parks.

The grandfather clause allows permit holders to turn in each current permit for a new one beach permit. They may chose any of the beaches on their existing permit, and evidently any one activity from said existing permits. Although the Panel of Deciders seemed to be surprised, some permit holders have one permit for up to 10 Beach Parks and 3 or 4 activities. At least one has Kayak Scuba listed as an activity. Seems permits with 3 beaches and 1 activity was all the Panel thought existed

The big operators would be the hardest hit with the Proposed Rules, and many of them own/operate boats, as well as other boat owning permit holders who will be affected. It does not appear that there is a money trail like Thal implied. I have seen the rich seclusionists and the conservationists work together on stifling tourism/economic progress before, whether the conservationists know it or not.

The intent of the non-transferable nature of the permits is so attrition will eventually reduce permit numbers to the proposed numbers. Ulua could have 20 outfits legally working out of it at the same time all the time for the next few years (until they quit or die), if the current rules were implemented. Up to a certain point, current permit holders in South Maui were probably wondering "Ulua or Makena Landing, which should I keep?"

That hints at a new bombshell from the meeting. The Director of Maui DLNR indicated Makena Landing wasn't available for commercial operation; in the past, currently or going forward. This was another of the times when the Panel of Deciders evidently had no clue until the words were coming out of the speakers mouth. As Public Open Space, it is available for one Concession (like the Big Beach parking lot hot dog truck) under an auction for lease procurement process that sounds very involved. One operator might eventually be legal to conduct business in Makena Landing, and the County has no power to authorize commercial activities there.

With the DLNR bomb, which affects other parks and other activities, it seems likely that nothing will come of this for some time; train wrecks like this take a while to clean up. Seems they only gave the proposals to DLNR on Monday or something like that, and the word we were given tonight seemed fast and firm from the Honolulu DLNR. With a very possible new Administration looming on the horizon big change might not happen, but you never know what will happen if the Country catches Barak's change bandwagon.

 

[KrisB]

"Ulua or Makena Landing, which should I keep?"

I don't think there'd be much choice there. In my experience, Ulua is more likely to give good dive conditions than Makena Landing.

That hints at a new bombshell from the meeting. The Director of Maui DLNR indicated Makena Landing wasn't available for commercial operation; in the past, currently or going forward. This was another of the times when the Panel of Deciders evidently had no clue until the words were coming out of the speakers mouth. As Public Open Space, it is available for one Concession (like the Big Beach parking lot hot dog truck) under an auction for lease procurement process that sounds very involved. One operator might eventually be legal to conduct business in Makena Landing, and the County has no power to authorize commercial activities there.

This is the whole state-park vs. county-park business, isn't it. This could mean problems for operators using MM14, too -- since that's apparently a state-land access right-of-way.

Yikes.

With the DLNR bomb, which affects other parks and other activities, it seems likely that nothing will come of this for some time; train wrecks like this take a while to clean up. Seems they only gave the proposals to DLNR on Monday or something like that, and the word we were given tonight seemed fast and firm from the Honolulu DLNR. With a very possible new Administration looming on the horizon big change might not happen, but you never know what will happen if the Country catches Barak's change bandwagon.

Let's hope for the sake of scuba on Maui that this doesn't find its way through in anything resembling its current permutation.

 

[Al Mialkovsky]

Time will tell. I'm going to Maui regardless now. If the grandfather thing sticks then I'll be able to work. But they need to allow for at least controlled expansion. Or they'll just have tons O outlaws running around. Imagine if they lowered the cost of permits, they'd actually have nearly full control.

 

[KrisB]

Time will tell. I'm going to Maui regardless now. If the grandfather thing sticks then I'll be able to work. But they need to allow for at least controlled expansion. Or they'll just have tons O outlaws running around. Imagine if they lowered the cost of permits, they'd actually have nearly full control.

Yes, though what purpose does the permit process then do?

Right now, it means *some* money in the coffers... and that's about it.

As for the grandfathering -- the application of this from what I heard of the meeting last night was that existing permittees would be allowed to pick one beach from their current list, but keep the same number of permits. This could result in all the shops picking Ulua, and then that beach would become just about exclusively commercial scuba traffic.

 

[DiveWestOahu]

this is the same as the permitting on O'ahu,,, which has worked since the late 80's,,, fee is $75 a month and can be bought for a month, week or daily. Our exception here is Hanauma bay where only 3 permits are available, all other public beaches are unrestricted,,, come on ppl cant' ya see the light,,,,, it's a liability issue!!!!! with ppl sueing over rocks falling on their heads or sharks biting them because there wasn't enought signage or someone gets sucked into the blow hole because he was moranic enough to sit on it between blows then got sucked down and all of their families have sued the state, can you really blame them (gov) I for one am tired of paying for frivolous lawsuits

 

[kidspot]

Though in this case instructors are already required to list the County of Maui on their insurance policy as an additional insured. So they should be covered (at least partly) due to that.

Aloha, Tim

 

[DiveWestOahu]

another reason to concider,,, I don't know the locations on Maui,,,, having said that picture this,
you buy a beautiful beachfront house next to say "Sharks cove", the first good day of summer (which lets use Sunday to be easy relatable) your relaxing out looking at the ocean, then your bombarded with 300 divers blasting their tanks flopping around,,, this goes on all day only to be followed by another 100 or so going out on a night dive, finishing up anywhere between 7~12 pm and again blasting their tanks (everyone says they "never" do that but as an owner of a dive boat I can honestly say that more than half blast their tanks with no regards to anyone near them) now that 3 million $$ home doesn't seem like quite a deal afterall. (before you all flame me remember I'm a diver too, not the one with the beachfront home) but hopefully you can see how there MAY in some cases need a limiting number of persons doing an activity.
ps
we've also had the same thing happen with personal watercraft & parasailing, they are limited (the commercial operators) to days and courses to follow and are not allowed on weekends or holidays even if they have a permit and theirs cost upwards of $60k here on O'ahu

 

[Al Mialkovsky]

The beaches in question such as Ulua are mostly by big resorts. There aren't ever more than a handful doing night dives.

 

[MauiScubaSteve]

this is the same as the permitting on O'ahu\

I have been a construction worker on 4 Islands, bartender on 3 Islands and scuba pro on 2. One thing I can tell you is nothing is the same, one island to the other.

This thread is nearly non-diving, really just pertaining to new much more restrictive rules that severely restrict what has been business as usual for decades with regard to commercial ocean activities operations at the Maui Beach Parks. In particular the scuba industry on Maui is looking at significant loss of business pretty much no matter what final rules are enacted.

That said, it is probably early to be crying that the sky is falling. Even if the DLNR State Lands issues do not slow it down considerably, or stop the process completely, The focus group process is likely to hammer out some kind of a working compromise specific to each activity.