Owner of burned boat lacked insurance and permit

The owner of the 36-foot sailboat No Faith that went up in flames at the Ala Wai Small Boat Harbor on Monday night didn’t have insurance and had been in the harbor illegally since at least September.

The state Department of Land and Natural Resources Division of Conservation and Enforcement (DOCARE) issued Salvatore Di Amore, 57, a complaint for mooring without a permit on Sept. 8, 2017. He was summoned to appear in court on Oct. 16, 2017, but he failed to appear and a bench warrant was issued for his arrest. Another bench warrant for his arrest was issued June 12, when he missed the rescheduled court appearance.

DOCARE and the courts didn’t know where Di Amore was for months and the Star-Advertiser could not reach him on Wednesday. But on Monday night, he was on the pier talking to reporters as firefighters worked to extinguish the blaze. Di Amore, who does occasional work as a handyman, told the Star-Advertiser that he lost everything in the blaze, which occurred about 8:30 p.m. shortly after he stepped away from the boat after a little tiff with a visitor. Witnesses said the flames were 30 feet high.

Honolulu Fire Department Captain Scot Seguirant said the incident is still under investigation.

“Hopefully the boat will still be intact when they bring it up,” Seguirant said.

The boat’s recovery likely will fall to DLNR’s Division of Boating and Ocean Recreation because Di Amore didn’t have insurance, DLNR spokesman AJ McWhorter said. The boat, which was still underwater on Wednesday, was surrounded by an environmental boom barrier that the U.S. Coast Guard had put there to contain oil pollution.

The gravity of the incident along with Di Amore’s past harbor history have riled the small neighborhood of live-aboard boaters, who say the state’s lack of management and enforcement at the Ala Wai Small Boat Harbor have exposed them to liability and undesirable living conditions. Some say it’s becoming a de facto home for squatters. Critics also are upset that Di Amore’s lack of insurance means that he won’t be paying to salvage the boat and clean up the debris and environmental hazards that were left in the fire’s wake.

“It’s frustrating. There’s a waiting list for slips and they gave one away for free to the guy whose boat got burned and he put all of us at risk,” said Bruce Baxter, who has lived in the Ala Wai harbor for nearly three years on Grey Matter, his 42-foot Tatoosh. “The sheer incompetence of the folks at DLNR is mind blowing. We’ve complained about the issue of freebie squatters many times, but it’s a continuous problem. The problem is that their enforcement has no teeth. There must be surety of consequences.”

DLNR spokesman Dan Dennison said approximately 18 to 20 boats are moored in the Ala Wai harbor without a permit. Dennison said DLNR started the impound process for six of them on Wednesday, including the one that caught fire. Dennison said notices were posted on the vessels notifying the owners that they have 72 hours to leave the harbor before the state impounds their vessels.

Dennison said Di Amore, who was not following state rules, faces having to pay mooring-without-a-permit fees, impound fees and removal/disposal fees.

But Patricia Wood, who lives in the Ala Wai harbor on Orion, a 50-foot Celestial Ketch, said she and her husband Gordon still are frustrated.

“They won’t be able to get a dime from (Di Amore),” Wood said. “We don’t understand how they can have administrative rules and not enforce them promptly. We’re mad that our money is going to go to alleviating this situation.”

Waikiki Neighborhood Board Chairman Bob Finley said he understands that DLNR lacks staffing and resources, but said the recent fire demonstrates that enforcement must take greater priority than it has.

“They need to clean up the illegal boats down there,” Finley said. “They need to haul boats out of the harbor that aren’t paying and they need to go after squatters who are illegally living on other people’s boats. We shouldn’t be subsidizing the costs for boats that are illegally moored.”

U.S. Coast Guard Petty Officer First Class Joseph McCollum, who was performing environmental mitigation at the boat site on Wednesday, said private owners are responsible for oil containment, cleanup and damages resulting from the spill. But since Di Amore has indicated that he does not have enough money to meet the requirement, McCollum said funds likely will come from the Oil Spill Liability Trust Fund, which is administered by the U.S. Coast Guard’s National Pollution Funds Center.

“We noticed when it was sunk that there were drops of oil coming to the surface. If the oil were to spread out, it would hurt everyone. Oil is a carcinogen and it can damage coral and fish and cause breathing problems,” McCollum said.

U.S. Coast Guard Petty Officer Third Class Mario Villani said there’s also a need to preserve Waikiki aesthetics.

“Any drop of oil will create a sheen, which could have a tourism impact,” Villani said. “This is one of the state’s most precious assets.”