Mala Wharf, which is managed by the state Department Land and Natural Resources’ Division of Boating & Ocean Recreation, was not damaged in the Aug. 8 fires, but it currently does not have any water and bathroom facilities, nor is there a place for staff to be stationed, DLNR Chairwoman Dawn Chang said at a meeting on Tuesday.

She said off-shore water quality testing has been done but the department is still awaiting results to see if it is safe for human use.

“I understand that many of the commercial operators and local fisherman will be disappointed by our decision today, but safety and protection and preservation of our cultural natural resources including marine resources, the public health and safety is our primary concern,” Chang told the more than 300 people who joined in a virtual community meeting Tuesday morning to give updates on state facilities in West Maui and answer questions on resuming commercial vessel operations in West Maui. Unlike Mala Wharf, the Lahaina Small Boat Harbor was damaged by the fire.

Chang said that before they can reopen Mala Wharf, DLNR is hoping to get a trailer on-site with an office and restroom in the next 30 to 60 days. But, she added, the reopening is also dependent on Maui County restoring the water and Hawaiian Electric being able to restore electricity.

It is a slow day for business at Maalaea Harbor Wednesday.

Even if some say they do not need restrooms or water, Chang said, “We cannot distinguish between some users’ use and the public use.”

She added that the opening will also have to be in consultation with the U.S. Coast Guard, which is in charge of the safety zone in the water, along with the Maui Police Department, which controls access in the burn area on land.

When Mala reopens, Chang suggested having recreational users access the wharf 24/7 and commercial operators use the wharf Monday though Friday, which will “leave the weekend for recreational users.”

“No decision has been made. I’m just asking you to consider it,” she said.

Tensions have been high for awhile, as recreational users have said at past meetings that they feel pushed out of Mala by commercial activity.

Maui Diamond Sea Sports owner Don Domingo overlooks his slip at Maalaea Harbor Wednesday afternoon.

“We are all trying to figure out a good compromise,” Chang said.

Chang polled attendees at the meeting to see whether they would be open to expanding trailer parking at Lahaina Small Boat Harbor, once it’s restored, to accommodate Mala commercial operators and make Mala Wharf available for recreational use only — 87 percent voted yes, a DLNR news release said.

Chang said there were no guarantees but that she would commit to gathering more information and having future meetings with the Maui community.

The wait will be longer to get back into Lahaina Harbor, as the U.S. Coast Guard continues to work with its contractors on removing petroleum products, hazardous materials and sunken vessels.

Chang said that after the cleanup is done, the DLNR is “optimistic” that they are going to timely execute a contract to rebuild Lahaina Harbor that could have the harbor ready in a year or two.

Owners who lost their boats to the fire raised issues Tuesday about securing space and permits.

Chang said that Lahaina permit holders who still have their vessel may try to get a permit for another facility if space is available. But Lahaina permit holders who lost their vessels should notify the Division of Boating & Ocean Recreation and they will be given priority when Lahaina Harbor is operational, Chang said.

“We are not issuing out permits if you do not have a vessel at this time,” she said, noting that it is “a condition of our permit that you have to have a vessel.”

As for Maalaea Harbor, the ferry pier is being prioritized for the ferry, but DOBOR is prioritizing available slips at Maalaea for displaced permit holders from Lahaina and Mala, Chang said.

However, this needs to be coordinated and capacity at Maalaea cannot be exceeded. She added that commercial operators must shuttle their passengers to Maalaea Harbor due to the limited infrastructure such as parking and restrooms.

Slips can be shared at Maalaea Harbor but passengers must be shuttled to and from the harbor.

The announcements caused some issues for permit holders, some of whom felt slighted if they lost their boats in the fire and now cannot be guaranteed a permit that they once held at Lahaina Harbor.

“Why can DOBOR bend the rules for sharing a slip, but can’t bend the rules for having a vessel for a permit?” Keahi Ho asked. “We’ve lost everything in this fire and we would just really love to have some assurance from DOBOR, saying that we will for sure be able to have our permits. The way you are wording it is not giving us assurance that we will be able to continue operations in the future.”

Chang said that once work is completed at Lahaina Harbor, those who have vessels will be eligible for a permit “before someone who was not a permittee.”

“If I get a boat tomorrow, will you guarantee me a spot that I can start operating at Maalaea?” Ho asked.

“If you get a permit,” Chang answered.

“Again, I have a permit at Lahaina Harbor,” he said.

But, Chang said, “You don’t have a vessel.”

“If you have a vessel, you have an existing permit with us, you are in good standing, we will give you a new permit for Lahaina,” Chang said.

Capt. Keao Shaw, who owns and operates Makai Adventures and Kainani Sails, said they are a small company and their larger-capacity boat for 20 passengers at Lahaina Harbor burned. They still have a boat with a capacity of six that has a permit to moor off of Kaanapali.

“I want to try and operate my boat in the (Lahaina) harbor again, obviously it burned,” Shaw said. “You are giving priority to boats that haven’t burned. I would like to get a replacement vessel and operate it in Kaanapali and use the same skiff that I already use to load my passengers from my sailboat. I would like to use that to pick them up in Kaanapali.”

Shaw added that “there were rules that were bent” when Mala was being rebuilt in 2018 and Mala operators went to Lahaina to operate. He pointed out that “the smaller companies like mine don’t necessarily have other permits in Maalaea that we are able to fall back on.”

“Why am I not given the same leeway to operate out of Kaanapali with the same skiff I am already using?” Shaw asked.

Chang said the DLNR doesn’t have a facility out in Kaanapali, and the department is trying to ensure they do not increase the capacity out there.

She said if Shaw has a permit for Lahaina Harbor, he could try to operate out of Maalaea.

“We are not increasing the capacity by adding any more activity at Kaanapali,” Chang said.

At Maalaea Harbor on Wednesday, Don Domingo, owner of Maui Diamond Sea Sports, said he feels for the Lahaina boat operators and pledged to help. He said he was not worried if they need to share space with those from Lahaina Harbor and Mala Wharf.

He suggested sharing slip space with other boats for loading and unloading passengers when his dive boat Sea Diamond is out of the harbor.

“I’m in support of helping all of them,” Domingo said. “I’ll support anybody and everybody I can right now.”

He said he has been taking divers from other boats out for free and lets them know he will help them find work.

A news release from the DLNR on Wednesday said that Chang has pledged that she will review past practices and reconsider greater assurances of slips at the rebuilt Lahaina Harbor.

* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com. Staff Writer Matthew Thayer contributed to this report.