Testimonies dispute isle ocean sport permit plan

WAILUKU - Roughly 100 owners and employees of Maui commercial ocean recreational activities filled a county planning department conference room Friday, many saying that they were befuddled and upset with proposed rule changes introduced by Mayor Charmaine Tavares' administration.

Several owners of schools that teach surfing, scuba, snorkeling, kiteboarding, windsurfing and kayaking said the new rules will eventually reduce the number of activity permits and beaches available to them by 35 percent. This is on top of an economic downturn that has forced some of these businesses to lay off up to 40 percent of their staff and led to income losses of 60 percent, they testified.

County leaders have said a lot of Maui residents as well as the state Department of Land and Natural Resources support the regulations in order to reduce crowding and protect the delicate underwater environment.

However, folks such as scuba instructor Doug "Shaka" Corbin said the proposed administrative rules include business-killing restrictions, like eliminating or cutting hours operators can work on 95 days a year, mostly holidays and Sundays.

The administrative rules presented by Parks and Recreation Department Director Tamara Horcajo could eliminate more than half the small businesses providing recreational activities now in existence, a couple of owners said during Friday's hearing.

"It's difficult to address these issues without sounding petty," said David Dorn, owner of Action Sports Maui. "I'd just like to say that we perform valuable services, such as water rescues and stewardship of the environment. There's a misconception out there that we have an impact on the environment."

The parks department has been formulating the rules for six years, often with the help of commercial ocean recreation activity owners, county staff have said. Horcajo has said the measures draw a line in the sand to protect reefs, lessen the wear on beach parks and reduce human confrontations.

At the same time, Horcajo has recently tried to distance herself personally from the creation of the rules, which she said is also the product of 2003 council legislation, two of her predecessors and past mayoral administrations.

Horcajo said on Friday that she and her staff will review and respond to Friday's hearing comments in the next 30 days before implementing the rules. She also noted that her department will evaluate the effectiveness of the rules and whether to revisit them.

Alan Cadiz, owner of HST Windsurfing and Kitesurfing School, said he's participated in the process since the beginning. But Cadiz testified that the Parks and Recreation Department has failed to listen intently to the operators and put to use their recommendations.

For instance, operators unsuccessfully asked for more than one parking spot at the parks.

They also called on the Parks and Recreation Department enforcement officers to crack down on illegal school operators. One testifier estimated that at least 10 unlicensed surf schools are operating on the edge of county beach parks.

"I'm afraid it appears as though the county is trying to reduce the tourism industry here," Cadiz said.

His wife and business partner, Patti Cadiz, called the 30-plus pages of rules overreaching and overburdensome. The Tavares administration has the wrong priorities, she added. Rather than reducing permit holders through attrition, the department should be trying to find more beach parks to accommodate small business and reduce congestion between residents and tourists, she said.

And like several others who spoke Friday, Maui Wave Riders surf instructor Keoki Hino said times are tough enough already. Why would you chose to put caps on the number of people they can teach? Hino asked. People not only take lessons, but eat nearby, shop and basically come from all over the world to experience Maui.

Horcajo has said that the rules are necessary to take a long-term approach to protecting the environment.

* Chris Hamilton can be reached at chamilton@mauinews.com.