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PWC POWER STRUGGLE
Hawaiian big-wave surfers weigh in on legal debate over use of PWCs
By:
Dean Luke
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April 27, 2009
14654 views | 71 comments
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The tranquil Hawaiian islands of Molokai and Lanai are paradoxically situated between two of the most overtly commercial ones, Oahu and Maui.
And yet, both islands have maintained decidedly unhurried and rural settings through a combination of the unspoken native Hawaiian rules of Ho'ihi (respect), gritty community vigilance, and in some cases, iron-clad (and archaic) state law.
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Designed to facilitate discussion on the existing marine laws banning "thrill-craft" use of any kind in designated perimeters around both islands, the meeting was to provide an open forum for both supporters and opposition alike to have their say, and for well-entrenched residents to inject cultural and environmental slants into the matter. Representatives from the Hawaii state Department of Land and Natural Resources (DLNR), the jurisdictional entity that enforces this rule, were also scheduled to be in attendance. Stone and Doerner decided to make the trip over to Molokai on their PWCs and departed east Oahu for the 40-mile open ocean trek to Kaunakakai harbor on Molokai's southern shore. The radical surface conditions that day made for "a hell of a trip," exclaimed Doerner. Upon arrival, the two men were immediately issued citations by DLNR officers for two separate violations of the very rules set forth by DLNR's Department of Boating and Ocean Recreation (DOBOR) they had come over to discuss: 1) Illegally penetrating the two mile offshore boundary around Molokai (state provision HRS200.37C). 2) Illegally docking in the Kaunakakai boat harbor (state provision 13-256-17-B). Fully aware they were in violation, the citations were accepted without quarrel. They finally did attend the meeting later that day, which Doerner described as a civil but polarizing affair. The majority of those present, many of whom were Molokai residents, seemed in favor of at least minimal amendments, if not a complete overhaul of the rules, which have remained unchanged for over two decades and become acutely antiquated in the face of the exploding popularity and increased use of PWCs in the islands. Despite the efforts of the pro-PWC group, their call for change came to an abrupt end when a local elder, or Kupuna, suddenly rose from her seat as the testimony reached its zenith and declared something to the effect of, "No thrill-craft around Molokai -- period!" That inarguable decree swiftly and effectively ended discussion for the day. "I've paddleboarded and canoed between the islands for longer than I can remember. Yet the restriction on ocean travel aboard a PWC, falls under an obsolete 20-plus year old law."
-- Tom Pohaku Stone
Stone and Doerner departed Molokai disappointed but newly resolute in their efforts to make changes in the DLNR rules. "I come from an ocean faring culture," said Stone. "And as much as these citations are the result of cultural ignorance, they could actually be considered acts of discrimination (against native Hawaiians). I've paddleboarded and canoed between the islands for longer than I can remember. Yet the restriction on ocean travel aboard a PWC, falls under an obsolete 20-plus year old law." He also points out that untrained people traverse the Catalina Island channels in California on PWCs all the time. "This law is unique to Hawaii PWC operators. I mean, what's the difference? It just doesn't make sense." They separately contested their citations in court, and both were represented by one of Hawaii's top litigators, Honolulu attorney Hayden Aluli. Stone's case was granted a continuance with the first gavel scheduled to fall back in November 2008. However, Aluli was informed by the Deputy Prosecuting Attorney that the case was being dismissed "with prejudice" and all charges dropped. Shortly thereafter, Doerner's case was tossed as well. Both men appreciate the desire of wary Molokai and Lanai residents to protect their precious shoreline resources as modern-day pressures continue to close in on them, but are equally certain that some technologies can improve life for them, if properly controlled. "Some Molokai locals use PWCs to fish and dive from, access remote beaches, and reach some surf spots," said Doerner, adding that the primary concern of Molokai's Kupuna and Ali'i Nui is the mushrooming commercialism that's seen on other islands having an adverse affect on their culture and environment. Stone and Doerner concur that much of the distrust is rooted in the environmentally reckless and culturally insensitive actions of a few recreational and commercial PWC operators on other islands. "Did you see last season's biggest swell at Peahi?" asked Doerner. "There were up to 40 tow-teams in the lineup, many with guys who had absolutely no business being out there! Except for very big days, me, Laird (Hamilton), Dave (Kalama), and the other strapped guys hardly ride Peahi anymore because it's just way too dangerous. All most of these guys want is to get their picture taken riding the place. We created a monster, and we're sorry for that." He expressed great concern that a few high-profile injuries or fatalities at Peahi could warrant a PWC ban there as well. Losing tow "privileges" at Peahi would be a great loss for surfing and Doerner isn't optimistic about the traditional non-powered alternative. "We've tried to paddle-surf big days at Peahi (in the past)," he said. "But it's just too big, too fast." Aluli adds that, "Molokai as a community is very protective of its natural resources. I know that many members of the community view jet skis with suspicion because of its impact on ocean traditions -- surfing, fishing, gathering resources, etc. The DLNR regulations prohibiting jet ski operation around Molokai may be the community's attempt to protect/regulate its ocean resources." Along with fellow big-water hunters Laird Hamilton, Dave Kalama, Buzzy Kerbox and the Strapped crew, Doerner played a key role in the advent of tow-in surfing in 1992. Whatever minimal PWC regulations were in place then, have remained relatively static for nearly two decades. Stone and Doerner plan to continue pursuing rules changes with persistence and zeal, and step one in that journey is getting people professionally trained and certified to operate their craft with the proper skill sets and etiquette. They and their associates operate a local non-profit PWC training academy called Kanalu K38 (Doerner also runs DD Sea), which offers a comprehensive classroom curriculum and rigorous physical training regimen for both skilled and aspiring PWC operators in Hawaii. Their students are taught and re-taught on the implicit and legal rules of the sport, and the often overlooked but critical aptitude of general ocean knowledge. "People need to be professionally trained," said Stone. "Fitness, safety, operation, rescue, wave riding, you name it. There are so many people out there (on PWCs) that don't know what they're doing, and some of them may never be certified." Could these individuals be the root cause of the no-trespassing rules for Molokai and Lanai? Hard to tell, but the problem areas have long been identified; more people towing into bigger waves in more places, escalating flat water recreational and commercial traffic, burgeoning interisland open ocean transits, and numbers of clueless operators who're endangering others are reaching critical mass. It's obvious that something needs to be done -- now. With PWC use under the state microscope, Tom Pohaku Stone and Darrick Doerner will serve well as astute and credible statesmen in this campaign for regulatory change that will keep tow zones, channels, and riders controlled as well as make access to all Hawaiian Islands safe, fair, and open. Here are some useful links: Kanalu K38 DD Sea PWC DLNR (DOBOR) *** *Note: while this article represents one side of the PWC debate, we'll be opening up the floor for this and other PWC/surf issues later this week -- stay tuned. --Marcus Sanders SURFLINE HOME PAGE MORE SURF NEWS |
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Comments: (71) Add Your Comment
Paul McDonnell 05/04/2009 06:26 PM
Some things need to be pointed out after reading the comments (most which I enjoyed and respect).
There ARE already certification laws in place in Hawaii for PWC use. I am certified and have taken a K38 course with Tom and Darrick. I never have, and will never tow near a paddle surfer. If it's small enough to paddle, I'm paddling as well.
I mostly use my PWC for diving and want to be able to travel between the islands. 5-7 MPG, ultra-low emissions and no propellers. Makes good sense to me.
val 05/04/2009 02:10 PM
self-serving comments by stone and doerner, most people at jaws don't belong there and the law discriminates against hawaiians. BS. couple of clowns.
reasonable but realistic 05/04/2009 01:35 PM
surfing if overcrowded. that is the primary danger. there are not enough waves to satisfy everyone. not even close. so, people who feel they need to get more than their paddle produced share turn to motorized assist and wooden paddle assist. Both PWC and SUP should be banned in any lineup that is being used by traditional surfers. both are disproportionately dangerous to the people not using them. both, in the long haul, will cause division and fighting between all surfers.
Gary Lum 05/03/2009 12:27 PM * PREMIUM MEMBER - Real Name
I don't get it. Tom Stone is responsible for maintaining Hawaiian cultural traditions such as "He mea Kanaka Maoli - Native Made" alaia (see http://www.hawaiibc.com/surf.htm), yet he wants to emulate PWC practices from California. Darrick laments the PWC infestation at Peahi, admits to creating a "monster", and is an instructor for prospective PWC crews. Yet he and Tom want to create another on Molokai? Their stance on this issue is full on contradictions and dichotomies.
david mcintosh 05/02/2009 10:41 AM * PREMIUM MEMBER - Real Name
Around the globe, cultures and native ways of life are being tossed aside for the sake of modern day conveniences and personal greed. I have so much respect for people who choose to honor their environments and cultures and stand up for their local habitats. The environment and its none human residence don't have a voice. Sad to see that even some local hawaiians don't understand and respect that.
Charles Harvey 05/02/2009 08:45 AM * PREMIUM MEMBER - Real Name
PWC use should be tightly regulated as they are noisy and dangerous and the worst polluters, but they can be extremly useful have a smaller "footprint" than boats. Simple solution: require licenses and permits to operate them. That will control the numbers, increase tax revenues and make the rich guys pay up. One more rule: No skis if people are paddling in. It will be kind of self-enforcing because of the liability issues if someone gets hurt.
adfs 05/01/2009 01:36 PM
SUP=greed and is a stupid fad Most pwc laws r bs People instantly look and pwcs with extreme prejudice The lady who said no pwc has probably never seen 1 She only knows what others who have NOT been affected by them say The loud stinky 2 cycle engine that they blame is their yard mans blower I strictly obey every law on my pwc and people still give me stink eye when I idle in a no wake zone and then wave with big smiles at boats with 2 cycle cuisinarts ripping through the same area RETARDS
Dale Shaw 05/01/2009 08:13 AM
I was raise on Oahu and the reef life was unbeleavable but they are dead now.I live in Califoria now.they dump so much junk in the ocean that we get sick.don't turn the islands in to a dead sea.To contact me,more about this I'm at xfactormarine@gmail.com aloha
Enlightened One 04/30/2009 09:49 PM * PREMIUM MEMBER - Nickname
Ive paddled Todos maybe a dozen times over the last 3 years, and there have been PWC's out there maybe half of the times. They have been very cool every time, (one exception)... but it was rarely crowded. There were waves for everyone. But if someone wanted something to be grumpy grumpenstien about, sure... this would be an excuse to be grumpy.
baby humpback 04/30/2009 08:42 PM
hi, im a humpback that was born off of maui. my mother made the long trip down from alaska to give birth to me in the calm waters around maui. maui used to be so peaceful but we now have to hang out off the north shore because the south shore is full of dangerous tour boat traffic. now the stupid humans want to make it legal to drive hundreds of PWC's around our sanctuary. i dont understand why they think that us whales will like so much loud noise and disturbances.
what about the whales?
who speaks for the whales? 04/30/2009 08:28 PM
This article fails to mention that during winter months the waters off of maui, lanai, and molokai are a HUMPBACK WHALE SANCTUARY! this is a NON-ISSUE, PWC's should be illegal on ALL the islands during whale season. the HUMPBACK WHALES should trump all of this bickering about tow this and paddle that. if you are a true water-man than you know that your idiotic jet-ski effects the whales. the hawaiian waters are a major breeding ground for the pacific humpbacks.
SAVE THE WHALES! screw pwcs!
justsomeguy 04/30/2009 08:04 PM
"forget the watercraft and just paddle yoru ass off!" - I have to agree. Its much like mountaineers making a decision /not/ to use oxygen on their himalayan climbs. Just because the mechanical aid is there doesn't mean it needs (or should) be used.
Max 04/30/2009 07:46 AM
I have to agree with the locals. There are plenty of surf spots and as a surfer I would say find another spot. I agree with the education of teaching people how to use PWC's properly in big surf but that is not the argument here. That's just an excuse to try to get what they want.
Mr. McKookmeyer 04/30/2009 07:13 AM
What, they get big tow-in kine surf on Molokai? I nevah know dat. Derrick and crew mus wanna charge em. Not gonna happen, guarantee. Cannot over rule the big Kahuna. Gotta protect. Then this comment: "I come from an ocean faring culture," said Stone. "And as much as these citations are the result of cultural ignorance, they could actually be considered acts of discrimination (against native Hawaiians). Eh?
Brook 04/30/2009 07:01 AM
View All Comments (71 comments)
If the local community doesn't want PWC's, then the PWC community should respect that. It's really that simple. They have a way of life and they view the skis as potentially destructive. Calling the Molokai elders ignorant is unfortunate and lacks class. Real Hawaiians would paddle an outrigger to these surf spots.
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