I have been fielding a lot of questions regarding the “new” vessel wreckage and recovery insurance requirements, but truth is this law was signed into effect June 7, 2019. Only recently has DLNR been forced to regulate this due to the sheer cost of removing grounded vessels. DLNR reports 15 groundings in Maui in 2023 including the “Nakoa” in Honolua Bay which made national headlines. At the time of writing, the 100ft Maui Princess sits on the Lahaina reef and is currently going through a complete defueling to protect the environment. Some of these wreckage and salvage contracts are between $500-$1M, which quickly depletes the Boating Special Fund that is meant to cover these expenditures. The commercial vessel operators remember a few months ago the bills HB2476/ 2477 which aimed to increase the commercial use fees. Hundreds of people signed petitions and showed up to protest these new bills, but the purpose of these bills was not to stick it to the boaters, but to find ways to generate more revenue to replenish the boating special fund, which is where all the commercial fees go. Within the maritime community in Hawaii there seems to be this animosity toward DLNR and an us vs them mentality, when that couldn’t be further from the truth. In reality we are all on the same team, so let’s explore how we got here and brainstorm some ideas to help move us forward. 

When DLNR was created, they weren’t provided adequate funding by the State to fulfill their mission. As such they needed new streams of revenue that came in the form of fees that they continue to try to grow to support their departments. At the time of the inception of DLNR, the harbors were neglected and DLNR was tasked with the safety, regulation, and enforcement of the harbors, waters, and shoreline areas, which turned into a sort of harbor landlord relationship. And the number of people that access the waters and coastline has grown tremendously since DLNR started which requires more personnel and more revenue. The Congressional Research Service (CRS) ranks Hawaii with the 4^th longest coastline behind California. This is a huge amount of ground to enforce and protect with a much smaller boating population and hence smaller budget than most of the other states in the US. Historically, the State of Hawaii was providing the funding for the harbors prior to DLNR. So the argument to be made here is a new division of government was created by the State without providing it the financial means to grow and thrive in a responsible manner so the department was essentially set up for failure from the start.

The number one expense for DLNR is the salvage and wreckage recovery of vessels. If we can get the insurance companies to help pick up the tab, then DLNR may have the funds to improve boating as a whole in the State. 

As boaters we all have a civic responsibility to look out for each other, educate, and report any wrong doing. It can be easy to pass judgment, but we were all beginner boaters at one time. Our job is to work together as a community to help educate inexperienced boaters and regain public trust from the community at large. There are many grassroots organizations that call for the complete ban of boats into places such as Honolua Bay, but this is a knee jerk reaction as many charter captains take the time to educate their guests about the plastic pollution and sharing the waters with dolphins, whales, and other marine life. 

Hawaii is an expensive place to live and boating is an expensive hobby. Nobody wants to price people out of boating, but the slip fees here are cheaper than anywhere in the Continental US and even some 3^rd world countries. As boaters we want new docks, and money invested back into the harbors, but it seems most or all of us aren’t willing to support increased slip and commercial fees to see it happen. 

What are some ways to protect against these groundings or sinkings in the first place? Should vessel inspections be a much more thorough process? Should there be more strict boating licensing requirements? Should there be biannual inspections of the moorings off West Maui? There is no right answer, but no matter how you break this down, these new insurance requirements are necessary. And necessary all because of a few unseaworthy vessels and lack of good judgement and experience of these vessel operators. If there is someone to carry the blame let it be them, not DLNR. 

https://dlnr.hawaii.gov/dobor/insurance-requirement/

See you on the water!

-Sean Doyle