Should boat tours, aquarium fishing and other activities in state-monitored areas be allowed before completing an environmental review? It’s something lawmakers are considering.
If an existing and permitted activity in Hawaiʻi waters needs an environmental review, House Bill 661 could allow that activity to continue while the review is conducted.
The measure follows a series of court rulings involving aquarium fishing and, more recently, boat operators in the waters off Kā‘anapali in West Maui.
Businesses support the measure to avoid closures
About 30 boat operators and other businesses that operate in the Kā‘anapali area, a tourism hotspot, worry the court’s decisions could force them to shut down while their environmental impacts can be assessed.
HB 661 supporters say the measure could prevent shutdowns by allowing the state Department of Land and Natural Resources to renew commercial use permits, or CUPs, for those businesses, some of which have been in business for decades.
“Without a mechanism for continued operations during environmental review, impacted businesses are forced to cease operations indefinitely, resulting in job losses and economic harm without knowing the environmental impact of these long-standing ocean recreational activities,” the DLNR said in written testimony in support of the bill.
In December a second Circuit Court order stopped the DLNR from issuing or renewing commercial use permits in the waters off Kā‘anapali after finding that the permits are subject to the Hawai‘i Environmental Policy Act, or HEPA.
That means the department has to figure out if those activities are exempt from environmental reviews — or complete reviews before it can start issuing permits again.
Businesses, including several boat charter, snorkel tour and sailing operations, and their advocates testified in support of HB 661.
“This bill will protect our businesses from going out of business, and protect jobs for our employees, their families. It'll keep a roof over their head and food on their tables,” said Mendy Dent, president of Fair Wind Cruises, a Kona-based snorkel tour operator, in a Tuesday hearing for the bill.
“It doesn't make sense to close down businesses to do an (environmental impact statement) or an (environmental assessment). We need more enforcement. We don't need closure," she continued.
Others said those businesses also help residents of Lahaina, who are still recovering from the 2023 wildfire.
Conservationists stress the importance of environmental oversight
Conservation advocates oppose the bill, arguing for the importance of HEPA and environmental reviews in protecting Hawaiʻi’s natural resources.
“It ensures that precious resources are not destroyed before the public has input, and decision-makers are fully aware of the potential consequences of these permitting choices,” said Stephanie Fried in her testimony.
Fried is the co-founder of the Northwestern Hawaiian Islands Hui, which helped establish protections for the Papahānaumokuākea Marine National Monument.
Groups including Earthjustice and the Hawaiʻi Sierra Club, as well as the Office of Hawaiian Affairs, opposed HB 661 for similar reasons.
The measure could change the state law also known as HEPA, which opponents say could have impacts beyond West Maui.
“The proposed amendment would negate HEPA’s fundamental purpose for a broad subset of permitted activities, allowing irreparable environmental harm in instances where environmental review is determined to be necessary,” Earthjustice said in written testimony.
A Hawaiʻi Supreme Court ruling in 2017 on aquarium fishing outlined exemptions to HEPA environmental reviews. That outline was used to decide whether the Kā‘anapali operators are subject to the reviews. Aquarium fishing advocates supported HB 661.
The measure passed out of the House Committee on Energy and Environmental Protection on Tuesday.
