LIHU’E — Two North Shore boat companies yesterday asked a state judge to grant a summary judgment, which would allow them to continue motorized operations out of the Hanalei River. Circuit Judge George Masuoka took the request under advisement. Until
LIHU’E — Two North Shore boat companies yesterday asked a state judge to grant a summary judgment, which would allow them to continue motorized operations out of the Hanalei River.
Circuit Judge George Masuoka took the request under advisement. Until Masuoka rules, the boaters will be permitted to keep operating.
Meanwhile, the state Department of Land and Natural Resources Division of Boating and Ocean Recreation will ask the state Land Board for permission to hold public hearings on a proposal to amend its commercial boating rules for Hanalei River and at the Anini Beach launch ramp.
Hanalei Sport Fishing and Tours and Na Pali Catamarans, the two boat companies suing the state to continue operations, have based their case, in part, on the allegation that the DLNR did not change existing rules and regulations before requiring that the tour boat companies cease operation of motorized boats when launching from the Hanalei River.
Masuoka asked the state Attorney General’s Office and Dennis Niles, who represents Ralph Young and John White, the owners of the two boat companies, to submit written arguments on the applicability of another state rule related to the case before he makes a decision.
The judge’s decision will determine whether the state has the authority to set the permit condition without first going through a rule-making process.
The state Attorney General’s Office said general rules exist that allow the state to legally establish the permit condition.
The state also contends the plaintiffs have no legal right to expect the yearly permits to be renewed.
The boat companies said they never presumed they were entitled to the permits, only that they be considered above other permit applicants because they have operated on the river for many years.
Hanalei Sport Fishing and Tours and Na Pali Catamarans are the only two motorized tour boat companies still operating out of the Hanalei River. Holding county permits, they were allowed to do business after Gov. Ben Cayetano used his power to end a long and bitter battle over the proliferation of the Hanalei tour boat industry.
In August 1998, Cayetano banished 11 companies without county permits to state harbors primarily on the south side of the island.
Earlier this year, Young and White were told they must use non-motorized vessels to move their passengers from the shore to the open ocean.
They are fighting that condition.
