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Hanalei tour-boat
operators sue to
ward off ban

They say the state
is arbitrarily shutting
them down

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By Debra Barayuga
Star-Bulletin

The owners of three remaining commercial tour-boat operators banned from operating in Hanalei effective Nov. 30 are seeking a court injunction to prevent the state from enforcing its new rule.

Ralph A. Young dba Hanalei Sport Fishing & Tours, Whitey's Boat Cruises Inc. dba Na Pali Catamarans, and Robert F. Butler Jr. dba Capt. Sundown Enterprises filed suit against the state yesterday in U.S. District Court, contending the ban violates their constitutional rights.

Gov. Ben Cayetano approved an amendment of the boating rules banning motorized tour boats at Hanalei on Nov. 20.

It became effective 10 days later.

The announcement informing tour-boat operators that their commercial use permits would expire Nov. 30 was made just three days before the ban went into effect, taking them by surprise.

The operators say the state is arbitrarily shutting down motorized tour boats that enable visitors to enjoy the recreational opportunities on Hanalei River and Hanalei Bay.

The new rule is contrary to the state's boating law, which promotes full use and enjoyment of state waters, the suit contends.

Department of Land and Natural Resources officials could not be reached for immediate comment.