Big waves aren’t threatening to former pro surfer Louie Ferreira, but he and other Waikiki beachboys worry proposed changes in how the state regulates commercial use of its waters could wipe out long-held traditions put into place during the time of legendary surfer Duke Kahanamoku.
The Department of Land and Natural Resources’ Division of Boating and Ocean Recreation wants to eliminate the testing requirement for surf instructors and canoe captains and make businesses liable to ensure the competency of their staff. The state also intends to require a commercial use permit for all activity in state waters.
The permit application fee will be $10. Once approved for a permit, a business would have to pay the greater of $200 a month or 3 percent of gross receipts.
Some businesses have quietly supported the changes, which would be applied statewide. However, Ferreira and other members of the tight group of beachboys — whose training harks back to the days before statehood when watermen worked the beaches fronting Waikiki hotels — say the amendments imperil the public and mar the reputation of the iconic destination they helped build.
"If you guys go out and allow unqualified surfers to teach, it falls on everybody here. … Surfing is a very dangerous sport and activity — seriously," said Ferreira, who was one of many watermen opposing the amendments at a Wednesday night public hearing at Thomas Jefferson Elementary School. "I’ve seen a lot of people die and they are very good surfers and there are head injuries all the time. Let’s try to avoid that so people can enjoy this place called Waikiki."
The state says the new system, which it has been trying to implement for seven years, would standardize commercial activity at the state’s navigable waters, boat harbors and facilities.
It would force independent contractors to operate like businesses and pay taxes. It also would allow businesses greater efficiency since they would not be subject to DOBOR’s testing requirement, which has a one-year backlog, supporters of the changes say.
"We don’t want to do (testing); we aren’t staffed to do it nor do we have expertise to do it," said Ed Underwood, the division’s administrator.
The public has until 4:30 p.m. on Thursday to respond to the division’s recommendations. Testimony that clarifies the proposed revisions may lead to further public hearings; otherwise the division expects to take its proposal to the state Land Board for a vote on April 25.
Underwood contends the rule changes would bring needed revenue and flexibility so the state can adjust to the increasing volume and changing scope of commercial ocean users, which now includes the possibility of exotic operations such as so-called motorized water rockets. Standardization also would reduce ambiguity and make rules enforcement easier for the division, officials said.
Bob Hampton, chairman of Waikiki Beach Activities, said he favors the testing change because the department’s backlog has hampered expansion.
GIVING TESTIMONY The Division of Boating and Ocean Recreation held public hearings across the state this week concerning proposed rule changes to commercial operations occurring in state small-boat harbors, facilities and nearshore waters. Testimony can still be submitted by email, fax or mail by 4:30 p.m. Thursday. To review the proposed changes, visit dlnr.hawaii.gov/dobor/draft-rules or any small-boat harbor between 8 a.m. and 3:30 p.m. weekdays. To have copies sent by mail, call 587-3254.
TO SUBMIT TESTIMONY: » Include your name, contact information and stance on the proposed amendment. » Send it by email to dlnr.harreview@hawaii.gov. The subject lines should include Title 13, the section number that concerns you, and HAR (Hawaii Administrative Rules). » Fax it to 587-1977, Attn: Title 13, the section number that concerns you, HAR. » Mail it to the Division of Boating and Ocean Recreation, 333 Queen St., Suite 300, Honolulu 96813. Attn: Title 13, the section number that concerns you, and HAR. Source: State Division of Boating and Ocean Recreation
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"It’s not DLNR’s fault. They are doing so much with so little," Hampton said last year at a water safety conference. "We are in the business of taking that responsibility. We have to have employees that meet the highest standards of professional capability and have the ability to be ambassadors of aloha. As it stands now, we might not even hire someone who passed DLNR’s test. Our standards are much more rigorous."
However, hearings on the changes have mostly generated controversy, especially among Waikiki commercial ocean users. The Waikiki Neighborhood Board also voted against the changes last month after hearing a presentation from Teddy Bush, who operates Waikiki Beach Services, which has been in business since 1955.
Bush said he worries that an increase in commercial operators in Waikiki waters would lead to larger vessels crowding out traditional Hawaiian outrigger canoes. Higher costs are also likely to encourage commercial users to concentrate on high-ticket operations, he said.
Other critics say that beachboy businesses in general would experience declines. For instance, under the new system, individual contractors would have to obtain their own commercial licenses or work as employees for a company that has one. And, companies that are already paying the city a gross portion of their proceeds or rent to hotels for use of beaches would now also have to pay the state to use the water.
Stacy Moniz, who represents Hui O He’e Nalu, which was established in the 1970s to protect surfing rights, said he is united with Star Beach Boys, Waikiki Beach Services and Aloha Beach Services against the recommendations.
"The (state) is abdicating any kind of regulatory oversight in return for 3 percent of the gross proceeds," Moniz said. "You are making the choice to walk away and continue to charge what in effect becomes a tax. … You try to hide behind the insurance coverage, but you have a non-delegable duty. If something happens — and under these amendments it will — you’ll get sued along with everyone else."
Tom Copp of the Palekaiko Beachboys Club said removing the licensing program would affect tourists’ safety and possibly water experts’ jobs. There are an estimated 100 full- and part-time Waikiki beachboys currently working.
George Lindsey, an attorney who represents Islands Beach Activities Inc., Woodbridge Inc. and Anela Kai Catamarans Inc., said he objects to the boating division charging higher fees while providing fewer services. Additional costs could hurt large and small commercial operators throughout the state, he said.
Worse yet, critics say, it blocks the beachboys’ ability to police the beaches in the old style as they were taught by Kahanamoku.
While the changes would apply statewide, critics say they would have the biggest affect on Waikiki, which as Hawaii’s top tourist destination should be treated differently.
"DLNR has always been pressed for funding. Twenty-five percent of resources come from Waikiki and the money should be put where it really matters," said Waikiki Neighborhood Board member Jeff Merz.
If safety is a concern, Underwood said, the state would be willing to write minimum qualifications into the permits.
That’s not enough for some critics, including 76-year-old Aunty Leina’ala Lopes, who came from Waianae to testify against the changes.
"We can’t have any Tom, Dick or Harry teaching or our kids not gonna be safe; our tourists not gonna be safe. How come no money to keep up Waikiki? The nerve," Lopes said. "You probably gonna get one chronic come off the street to give one surfer one lesson. We need regulation."