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Maui might ban
beach commerce

Lawmakers consider a bill
to end surfing and diving lessons
at county beach parks


WAILUKU -- Maui County Council members are poised to pass a bill that would ban commercial recreation activities, such as surfing, windsurfing or diving lessons, at 10 county beach parks.

The Council passed on first reading yesterday a bill to prohibit commercial recreational activities at the parks. The bill would make the penalty a misdemeanor with a maximum $500 fine for each infraction.

The measure would move the administration of commercial ocean recreation activities from the county Finance Department to the Department of Parks & Recreation and enable county parks employees to assist in the enforcement.

A final Council vote on the bill is scheduled for Oct. 3.

Under the bill, the Parks Department will develop administrative rules for commercial recreational activities at several dozen beach parks not included in the ban.

County coastal park areas named in the proposed ban include Hookipa, Launiupoko, Puamana, Baldwin Beach, the three Kamaole Beach Parks and the southern portion of Kalama Park and Cove Park.

A number of residents who testified in favor of the bill yesterday said they were having difficulty enjoying the beaches because of the commercial activities.

"Enough is enough," said Leona Nomura, a Kuau business owner.

Nomura, who helped gather more than 1,000 signatures supporting the bill, said she is afraid if the commercial activities continue to grow on the north side of Maui, places such as Hookipa Beach Park will become too crowded for public enjoyment.

Some surfers said having beginning surfers at certain beaches created a potentially hazardous situation for other surfers.

Attorney Dennis Niles, who is a surfer, said some commercial operators do not show enough restraint in conducting their ocean activities, and Hookipa, with its strong northerly swells, is not a place for a beginning surfer.

"You have to recognize the sensibilities of the local people," Niles said.

Greg Howeth, owner of Lahaina Divers, said problems have arisen at the beaches because there has not been enough enforcement to ensure commercial users have county permits.

Howeth said the bill would actually punish the legitimate commercial users because the illegitimate users could continue to operate without permits unless county officials enforce the law.

"If they won't enforce it any better ... we've solved nothing," Howeth said.

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