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State agrees to $30K settlement for boat grounding in marine conservation district

The Hula Girl suffered an issue with its motor and ran aground in the Honolua-Mokulē‘ia Marine Life Conservation District in January. Photo courtesy DLNR

The company that owns the Hula Girl, a 65-foot catamaran that ran aground Jan. 31 in Maui’s Honolua-MokulÄ”‘ia Bay Marine Life Conservation District, has agreed to pay a $30,448 settlement.

The Hawaii Board of Land and Natural Resources unanimously approved the proposed settlement agreement with Kapalua Kai Sailing on Friday.

The catamaran was grounded for almost two months after it suffered a compromised motor during a powerful storm and washed up on Honolua Bay’s rocky shoreline.

The department’s Division of Boating and Ocean Recreation and Division of Aquatic Resources reportedly worked with the vessel’s owner to develop and execute the salvage plan. Several factors contributed to delays in the boat’s removal including high winds, inclement weather and the tide.

The state previously reported that an initial damage assessment by a dive team suggested no coral, fish or invertebrates in the bay had been harmed. Another assessment was conducted after the Hula Girl was moved.

According to the Hawaii Department of Land and Natural Resources, it recommended the fine to compensate the state for damage to 36 specimens of stony coral and 48 square meters of live rock, the restoration of these marine resources, and the cost of the investigation.

“The board decided to accept the settlement agreement between the DAR and Kapalua Kai Sailing, Inc., and not pursue the maximum authorized penalties because they took responsibility for their actions,” BLNR Chair Dawn Chang said in a statement.

“The board also considered other mitigating factors, including the proactive measures taken by Kapalua Kai Sailing during the grounding to avoid fuel and debris discharge, and during removal to minimize impacts to marine resources,” the statement added.

The board has wide discretion to assess administrative fines for natural resource violations and the authority to settle cases.

Some of the factors the board reportedly took into consideration include the value of the damaged resources, the extent of injury to the public, state costs to investigate and process the violation, the extent of cooperation by the responsible parties and voluntary actions taken by the owner to mitigate or avoid damages.

The settlement amount is based on an estimated $22,520 for the value of the natural resources and $7,928 for administrative costs.

“We appreciate Kapalua Kai Sailing’s cooperation throughout this process, and their desire to compensate the people of Hawai’i for the unintended damage to our natural resources on public lands,” Chang added. “We also realize that the community’s larger concerns regarding the protection of Honolua-MokulÄ”‘ia Bay Marine Life-Conservation District need to be addressed more comprehensively.”

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