The action (or inaction) of government agencies has indeed caused material harm to the boating industry on Kaua`i. However, it has not always been the damage depicted by the larger boating businesses. Take the case of Ralph Young.
In the early 1980s, Young, who had a fishing charter business, asked the Department of Land and Natural Resources whether he would need a permit for his small operation. Nothing was required, he was told. “In 1983 I checked again with the DLNR on permits and was again told, ‘No need permits,'” he wrote in a lengthy letter to Peter Nakamura, Kaua`i County Planning Director, last April. Here is Young’s story in his own words:
“At that time (1984) myself and Pat Durkin started the North Shore Charter Boat Association to cooperate with state and county, self-regulate (to avoid conflicts) and to communicate with government agencies and the public about possible user conflicts. The NSCBA has since changed its aims and objectives to representing the special interests of large illegal companies. I am no longer a member of that association.
“The Ad Hoc Committee was formed and I was a member… I continued to stay within the restrictions of the agreements that the DLNR put forth concerning limiting the size of my vessels and landing of passengers and transferring or selling of permits while other companies disregarded these agreements and continued to profit tremendously due to the lack of enforcement and due process of the government.
“On May 17, 1988, upon the advice of the county attorney’s office, as well as private legal advice, I submitted a written request for a determination of exempt status [with regard to a county SMA permit] to Mr. Tom Shigemoto… I received no response so I submitted a second letter on May 22, 1988… I was told personally, ‘We will contact you.’ Still there was no response.
On November 7, 1988 just to be sure I was covered, I turned in an application for a SMA permit… After some time elapsed with still no response, I checked back and my application had been lost.
I did not operate from October 1988 until June 1989 due to threats and rumors that everyone would be fined…
In May 1989 the process of mediation began between the boaters and the county. I represented the smaller companies now referred to as the O.O., or owner-operators. Just like the `o`o bird, we, the owner operators, are becoming extinct. After several meetings with no progress being made due to Martin Wolff and his tactics, and the county’s inability to mediate the law, nothing was resolved except threats of more lawsuits.
“On this note I moved my 27′ sailing catamaran, ‘Good Faith,’ to Nawiliwili after it sat in dry dock for one year… I continue to lose all of my accounts that I have built up over the many years, not being sure whether I can run out of my home port after 22 years of operation in Hanalei.”
Volume 2, Number 3 September 1991
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