A decade-long discussion over potential rules and regulations for manta ray tours will continue after Gov. Josh Green stated his intent to veto a bill that would have altered the permitting process.
House Bill 1090 aimed to establish new methods for the Department of Land and Natural Resources to issue ocean recreation commercial permits, which apply to all operators of commercial vessels and water-sports equipment.
“While the recreation commercial permitting system requires reform, our state needs to take a balanced, concerted approach so that fishermen, hundreds of local jobs, and several businesses across our islands are not adversely impacted by the sudden change,” Green said Monday in a statement regarding his intent to veto.
One of the industries that would have been impacted were manta ray tours, which on the Big Island operate mainly out of Makako Bay (Garden Eel Cove) and Kaukalaelae Point (Keauhou Bay).
The bill aimed to lower the congestion of boats operating tours in these areas to protect the environment and safety of the tours.
“We don’t have regulations for the manta ray activity, we only have voluntary guidelines,” said Martina Wing, founder of the activist blog Manta Ray Advocates. “There has to be a reduction of people out there, a reduction of boat operators. It’s the only solution. Last year, someone died because one operator was reckless.”
But a one-size-fits-all approach to permits and regulations concerns local tour operators, who believe the bill could have impacted small businesses more than safety.
“They’re trying to address overtourism, but the bill is specifically targeting boat ramp permits, which are clearly smaller boats,” said Holly Crane, who operates Anelakai Adventures out of Kona. “The bigger, larger catamarans and boats that have moorings and slips aren’t going to be affected by this bill, yet they’re the ones that put the most people in the water.”
The bill also would have prioritized seniority for obtaining new permits and renewals until an unspecified total number of permits were issued.
Instead, if the bill is vetoed, permits and other regulations will be determined by a new set of Manta Ray Viewing Rules to be issued by the Department of Land and Natural Resources’ Division of Boating and Ocean Recreation.
Instead of seniority, the proposed rules, which were released in October, would favor a lottery system in which permits will be left up to chance.
“It became a Frankenstein bill that was obviously very alarming to operators,” said Manu Powers, co-owner of Sea Quest Hawaii, which offers snorkeling tours out of Kona. “With HB 1090, there was a promise of potentially doing permits by seniority instead of the lottery, and that was exciting to us at first, but at some point in time, language about permit renewals was added, too, and that’s when operators started to speak up and say that’s not okay.”
Powers added there was no way for a business to view where on that seniority list they fell, and as a result, some current operators would lose their permits.
The loss would not only affect small businesses, but also state revenue.
“DOBOR has estimated that 60 boats (on the Kona coast) are currently running manta ray tours, and they want to cut that to a maximum of 48, so 22 boats would lose the ability to run manta tours,” said Tom Young, who runs both Hawaii Oceanic and Coral Reef Snorkel Adventures out of Kona. “My guess is the manta ray industry on the Big Island is a $100 million annual industry, and the proposed rules, at least in the current formation, would probably cut around $60 million out of that revenue.”
The potential loss would result from not only fewer permits, but also from the new Manta Ray Viewing Rules limiting viewing hours, imposing a guide-to-consumer ratio, and adding a $300 monthly fee in addition to commercial use permit fees, among other changes.
Some operators hope the rules will be adjusted prior to approval and will take into account factors like environmental sustainability, location and the size of the business.
“We’ve proposed rules that we believe would make sense to both balance out and improve safety, while minimizing the financial impact of local businesses,” Young said, who has joined a hui with other operators to discuss other solutions. “We’ve actually sat down with DLNR with our attorneys to present those rules, and we’re hopeful that there’s a revision when they come back in the next public process.”
Dates for future public hearings about the proposed rules have not yet been released, and the DLNR declined to comment on Monday.
“We do feel that there needs to be regulation, and we do not envy DOBOR with this task that they have been given to regulate this industry, because there’s not an easy way to do it,” Crane said. “We gave (DLNR) a bunch of suggestions for their amended rules, and we’re hoping they take that into consideration.”
Email Grant Phillips at gphillips@hawaiitribune-herald.com.