A surf school has been granted a permit to operate in waters off Old Kona Airport Park.
Kona Town Surf received a permit from the state Department of Land and Natural Resources hours before Division of Conservation and Resources Enforcement (DOCARE) officers on Wednesday attempted to cite the surf school business for operating without the necessary documentation.
The business was granted the Marine Life Conservation District commercial use permit for activities within the Old Kona Airport Marine Life Conservation District, permit number OKA-0001, signed by DLNR Chairperson Suzanne Case on Tuesday after 4 p.m.
The permit allows for snorkel, SCUBA and surface-supplied air diving, swim, surf, and sight-see commercial activities, within the Old Kona Airport Marine Life Conservation District (MLCD). It is the first such permit issued at the county park.
DOCARE officers, with support from the Hawaii Police Department, arrived at the county beach at 11 a.m. Wednesday to cite Kona Town Surf owner Wesley Moore for operating without a permit.
DOCARE Officer Amanda Llanes, before approaching Moore, said there had been no permits issued for the MLCD. However, when enforcement approached the business, Moore was able to provide her a copy of his permit prompting confusion.
Moore said there has never been enforcement of such permits since he has been operating his surf school at Kahalu‘u Bay, even though there have been numerous attempts to regulate the industry at that site.
“It’s ongoing BS,” he said. “The state has been derelict in their duty issuing permits. It’s up to DLNR to issue them. The shenanigans with the state office is unacceptable.”
Moore also said the DOCARE officers were at Kahalu‘u last week.
“We were the only school with a beaches and shores permit,” he said.
Llanes said DOCARE has been educating the schools and encouraging them to apply for permits. No citations have been issued.
Department of Land and Natural Resources Ryan Aguilar said there have only been two commercial use permits issued for surf school ocean water activities in West Hawaii by the Division of Boating and Ocean Recreation.
“There may be certain areas that restrict access from the shoreline so we would not be able to issue permits for certain locations,” he said. “Surf schools that are not able to use Kahalu’u Bay have been looking for other locations to operate their surf schools in Kona.”
Moore obtained the permit to operate in the MLCD in Kona from the department’s Division of Aquatic Resources. The permit is required by rule if there is to be any commercial activity in a MLCD.
“This permit is not for use at any (other) locations. Mr. Moore is still required to be issued a Commercial Use Permit for the use of the ocean waters by DOBOR,” said Aguilar.
Other West Hawaii Marine Life Conservation Districts areas include Kealakekua Bay, Lapakahi, and Waialea Bay.
According to DLNR, Marine Life Conservation Districts are designed to conserve and replenish marine resources. MLCDs allow only limited fishing and other consumptive uses, or prohibit such uses entirely. They provide fish and other aquatic life with a protected area in which to grow and reproduce, and are home to a great variety of species.
Meanwhile, rules that would limit and regulate commercial surf school activity in Kahalu‘u Bay have yet to be signed by Gov. David Ige despite the Board of Land and Natural Resources approving them in December 2021. That’s because the state Department of the Attorney General during its review of the rules found the final package approved by the board inadvertently left out “due to a procedural error” a map exhibit.
Because of this, a public hearing will have to be held before the board can again approve the rules. The board is set to take up a request to hold that public hearing during its meeting today.
Surf schools operating at Kahalu‘u have been the subject of proposed regulations since at least 2015 though the issue comes up in West Hawaii Today archives as early as 2004.
