The number of surf schools allowed to operate and students in the water at Kahaluu Bay would be spread throughout the day under draft rules proposed by the state Department of Land and Natural Resources.
The Board of Land and Natural Resources is set to take up at 9 a.m. today a request by the Department of Land and Natural Resources Division of Boating and Ocean Recreation to initiate rulemaking proceedings to amend administrative rules to clarify commercial activity provisions within the West Hawaii bay.
Under the proposed rules, dated Feb. 2, the department would be authorized to issue up to eight permits for commercial surf school instruction, an increase from the current four permitted by the rules.
Though there would be more companies permitted to operate in the bay overall, the rules would create two instruction periods for the bay, spreading out the impact. Four commercial surf schools would be permitted to operate from 8 a.m. to noon and the other from 1 to 5 p.m.
The proposed rules would also change the number of students allowed in the water per surf school permit.
Currently, Hawaii Administrative Rules allow each instructor to have four students, or up to eight students per surf school permit, in the water at any given time for a total of 32. Under the draft rules, the number of students would be tied to the permit, not instructor, thus being limited to four in the water any time for a total of 16.
Should the board approve the proposed rules to go to public hearing, it’s among the first steps in the process of amending Hawaii Administrative Rules. Before being taken to public meetings and/or hearings at which point the public can give formal testimony, the rules are sent for review by the Department of the Attorney General.
Following public hearings, the rule may be revised, if necessary, and then submitted back to the board for final approval. Upon approval from the board, the Attorney General will review the rules again before transmitting it to the governor for his signature and filing with the lieutenant governor. At that point, the rules have the effect of law.
The state took the lead on permitting commercial surf schools at Kahaluu Bay in 2019 after an agreement was reached for the Department of Land and Natural Resources Division of Boating and Ocean Recreation to take charge after meeting with state and county officials in June 2019 at the request of the 2019 state Legislature.
The DLNR, Hawaii County and other stakeholders have been discussing since at least 2015 the issue of regulating commercial surf instruction at Kahaluu Bay, though the issue comes up in West Hawaii Today archives as early as 2004-05.
The area is under dual government oversight with the DLNR’s DOBOR jurisdiction ending at the high-water mark and the county’s jurisdiction covering land. A 2019 report to the Legislature that the companies the state permits would receive permission from the county to operate on land.
“We would issue a letter to them that allows them to traverse county property,” Hawaii County Department of Parks and Recreation Director Maurice Messina said Thursday. “The county 100% supports DLNR’s effort in permitting surf school operations at Kahluu Bay.”
Initially, Hawaii County was to take the lead in limiting access to Kahaluu Bay ocean waters and enforcing those limitations. The county proposed — and the DLNR accepted — a limit of four permits for commercial surf schools for the beach park and bay.
Amendments to Hawaii Administrative Rules were drafted and adopted in 2016 to allow for four commercial surf instruction operators to receive permits for activities at Kahaluu.
Moving forward with its Kahaluu Beach Park Commercial Surfing Instruction Program, the county selected nonprofit The Kohala Center in 2017 to manage the program. In spring 2018, bids were solicited, however, no permits were awarded and operators were left in the dark until last spring when the county said it was not the permitting authority and the state confirmed it was handling permitting.