Posted on: Saturday, August 18, 2001

Na Pali boat tours get boost from court

Advertiser Staff and News Services

A federal judge has ruled in favor of three remaining boat companies offering Na Pali Coast tours from Hanalei Bay.

U.S. District Judge Helen Gillmor in Honolulu issued a permanent injunction forbidding the state Department of Land and Natural Resources from using a rule it adopted in November to shut down the three boaters — Robert Butler, Ralph Young and John White.

The state's rules ban all motorized commercial boat traffic in the Hanalei River and its estuary and in Hanalei Bay. Nonmotorized boating activities, including commercial kayak operations, have been allowed to continue under the state's management program.

Butler, who operates a catamaran under the name Captain Sundown, said he is happy with Gillmor's ruling, but he won't celebrate until he reads the final decision.

"Until we actually see it, we're not sure what other things this decision may entail," said Butler. "But we have permits, and the others don't. The state cannot shut us down."

Butler's boat has catered to about 20 customers a day for the past 30 years.

"We tried to relocate, but DLNR was not being cooperative and they weren't giving us any place else to go. They wouldn't give us a permit, and we tried for lots of places," said Butler.

The three boat operators have continued tours from Hanalei this summer under a temporary restraining order issued earlier by Gillmor.

Officials from the state Division of Boating and Ocean Recreation declined to comment until Gillmor issues a full written opinion.

It was not immediately known whether the decision reinstates the previous state rule that allowed up to 15 permits for boating operations from Hanalei.