“We are anticipating to conclude our operations by Dec. 5, but it could be slightly delayed based on the rest of the work that we are anticipating completing,” said Cmdr. Melanie Burnham, incident commander for the Emergency Support Function No. 10, which is assessing the pollution and discharges as well as handling sunken vessels and debris left by the August fire.

So far seven vessels have left under their own power and have been returned to their owners, she said. Owners of 51 vessels removed from the harbor were given the option to come see their vessels to take notes and photos if they wanted.

She said there are still 10 vessels that are either cleared to leave the harbor as they are still floating, or are still being assessed by their owners, operators and insurance.

There are four vessels left that they know of that are sunken or whose final status is still being determined, Burnham said.

State Senate Majority Whip Lorraine Inouye, who chairs the Senate’s Committee on Water and Land, asks a question during Wednesday’s state Department of Land and Natural Resources meeting in the Maui Arts & Cultural Center’s McCoy Studio Theater.

“We are also really then focused on the final debris removal from all of the structures such as the piers and so on and so forth, so we are going through and removing that,” Burnham said.

Burnham was one of several speakers Wednesday morning at the state Department of Land and Natural Resources’ informational meeting at the Maui Arts & Cultural Center. The meeting was to provide an update on recovery and operations of Lahaina Harbor, which remains closed, and Mala Wharf, which reopened last month.

Russell Sparks, aquatic biologist with the DLNR’s Division of Aquatic Resources on Maui, cautioned those wanting to get into the waters off Lahaina.

“The water may look clear, it may look perfectly fine, but we really do not know, and from this perspective knowing what is in the ash and the toxic components of that, we just strongly recommended people minimize or avoid entering the water off of Lahaina town,” Sparks said, noting they are awaiting test results. “If you must go in, limit your exposure as much as possible.”

Sparks said there are no results yet from the state Department of Health’s testing of ash in Lahaina, but it is expected to be similar to what was found in the Kula ash, with some high concentrations of toxins.

Maui DOCARE Branch Chief Howard Rodrigues (from left), DAR aquatic biologist Russell Sparks, DLNR Chairperson Dawn Chang, DOBOR Assistant Administrator Meghan Statts and staff planner Finn McCall listen to testimony Wednesday.

He said that even without a budget, DAR partnered with the U.S. Geological Survey to collect samples of offshore waters from Puamana to Mala and also the Lahaina Small Boat Harbor to check for toxins. But, they do not know any results, as they are still seeking funding.

“I know it’s not satisfying to hear me say that we’ve collected samples but we don’t know what’s in them. Believe me, we feel that frustration equally,” Sparks said.

The estimated cost for the 12 samples to be analyzed is around $200,000 to $300,000, with each sample costing $5,000 to $7,000 to analyze. The state is seeking to cover costs through “emergency service funding,” Sparks said.

“Hopefully within a month or so we’ll have some kind of preliminary results,” Sparks said, adding he expects more formal results in a few months.

Commercial shoreline activities from Mala are prohibited until water sampling results are available, said Meghan Statts, assistant administrator for DLNR’s Division of Boating and Ocean Recreation.

During Wednesday’s meeting at the MACC, a member of the audience holds up a sign protesting commercial use at Mala Wharf, a longtime issue for the area.

Statts said they have put in a request for Federal Emergency Management Agency help to get dredging done at the harbor and surrounding submerged areas to remove hazardous materials as well. She said when work is done to remove the debris and vessels, they hope to start work on the inner marginal wharf.

Finn McCall of the DOBOR Engineering Branch said work had already been scheduled on the inner marginal wharf at Lahaina Small Boat Harbor in September but that did not occur due to the fires.

DLNR also is waiting for the release of $4 million for work on the front row piers at Lahaina Harbor, McCall said.

There are no funds yet set aside for work on the outer marginal wharf but they do intend to rebuild that and are hoping to get funding for that in the next budget session, McCall said.

He said there have been discussions of how Lahaina Harbor will be rebuilt, and he wants to have more discussions with harbor users. However, he said space is limited in the area.

“Some of the things that you may want to do may not be feasible because of the space,” he said. “But at a minimum we are planing to build back the harbor the way it was.”

As for Mala Wharf, Statts said there are 16 companies with commercial permits. Four are currently able to do business but none have started working.

Statts said the new 56-foot office trailer should be on-site at Mala by Nov. 15, and Lahaina employees should be staffing it regularly.

The state Legislature also appropriated DLNR $3.2 million for Mala Ramp for design and construction, with work including comfort station improvements along with on-site upgrades such repaving and restriping. Release of funds from the state is still pending, she said.

More than 100 people attended Wednesday’s meeting that filled the McCoy Studio, and dozens spoke before DLNR Chairwoman Dawn Chang and other DLNR representatives. Testifiers were only supposed to ask questions but spoke about better management of the harbors and facilities, setting up an advisory group to give input to DLNR, assisting boaters whose vessels were lost and addressing the long-standing issue of managing commercial and recreational uses.

Some said a way to alleviate overcrowding is to expand Lahaina Harbor, seeing an opportunity now that the harbor is being rebuilt.

“I think the real solution is to increase capacity of the harbor,” said recreational sailor Tom Bolz, who added that this is the time to envision how the harbor will be in 10 years. He said this could help solve the struggle between recreational and commercial use.

Bolz added that there needs to be a place boats can go in bad weather to prevent them from running aground. Earlier this year multiple boats broke loose from their moorings, including a yacht in Honolua Bay that took nearly two weeks to remove.

“Right now the only real option that we have in West Maui is mooring,” Bolz said.

State Sen. Lorraine Inouye of Hawaii island, who heads the Senate Committee on Water and Land, attended the meeting and agreed with expanding capacity, saying it was something that officials could look into.

“I’m curious, I’d like to see an increase in Lahaina Harbor. The reason why I ask this is because no different than what was mentioned, it is an opportunity for us to do that because you are rebuilding,” Inouye said, who received applause after her testimony.

She said she would be happy to ask Hawaii’s federal congressional delegation to make an appropriation for the expansion.

But some testifiers, including Native Hawaiian organizer Tiare Lawrence, whose family is from Lahaina, did not want more commercial entities at the West Maui boating and recreation areas.

“Increased capacity at Lahaina and Mala is not an option,” she said to applause. “It will be met with the utmost resistance, and I can promise you that. As a surfer, as a kanaka oiwi, as a waterwoman that surfs in these areas, destroying these historical surf breaks would be devastating and met with a lot of resistance from around the world.”

Lawrence also wants to put a stop to cruise ships who dock off Lahaina town but have their tenders bring passengers to the harbor.

“The working class families and the surfing community are adamantly against cruise ships returning to Lahaina town,” she said.

Chang told the audience that DLNR has been working to address public concerns since an October meeting on the harbors, noting that Mala Wharf has reopened and commercial activity is limited to weekdays while recreational use is available 24/7.

“We are listening to you,” Chang said. “We hear your concerns and we are trying to address them.”

Chang said DLNR has also revisited the status of Lahaina Harbor and Mala Wharf use permits, placing those who lost their vessels in the fire on a “holdover status” and not on a permit waitlist, as was indicated at the October meeting.

Chang added that DLNR has been in discussions with the state Department of Education over public requests to expand the Lahaina Harbor area to allow for trailer parking to accommodate Mala commercial users. The DOE’s King Kamehameha III Elementary is located next to the harbor and was damaged beyond repair in the Aug. 8 fire. But, Chang said, “we don’t have firm commitments” from the DOE and no decision has been made about using the school’s space.

“I’m really trying very hard to balance recreation, commercial use permits,” Chang said, adding that she is doing so with DLNR’s “primary mission” in mind, which is to protect cultural and natural resources.

* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com.