New state rules take effect for tow-in surfing enthusiasts

By Catherine E. Toth
Advertiser Staff Writer

In reaction to tow-in surfing's popularity surge, the state has issued new rules governing the extreme sport that have outraged both paddling surfers and tow-in teams.

Tow-in surfing teams, as demonstrated by Ron Barrow on a 20-foot wave with his tow-in partner ahead of him, will have to complete a certification class beginning today. Advertiser library photo

But tow-in teams have to complete a certification class before heading out into big waves, which have to reach warning-level heights.

The rules take effect today.

Tow-in surfing involves two people, one on a custom-made surfboard, the other on a jet-propelled personal watercraft. The surfer holds onto the back of the watercraft and is towed into big waves. With the right momentum, the surfer releases the rope and surfs along the face of the breaking wave.

Tow-in surfing was created to allow surfers to get to waves inaccessible by paddling — and waves with face heights reaching 40 feet or more.

The dangerous conditions have made the sport attractive to surfers eager to push their limits.

But without adequate training and skills, they could endanger themselves and others, said Brian Keualana, big-wave surfer, lifeguard and ocean safety instructor.

The new rules are a response to complaints and concerns by North Shore residents who feel tow-in surfing has to be regulated to ensure safety. The state has been researching the sport and getting feedback from community members for six years.

"This is a reaction to the growing popularity of the sport," said Steve Thompson, DLNR boating manager. "Basically what we're trying to do is ... find a way to have all these varying, competing activities interact safely and with respect to the environment."

North Shore surfers, tired of dodging watercraft at their breaks, are upset because the new rules state that tow-in teams can travel within 3,000 feet from the shoreline for "board and personnel recovery, rescue and emergency purposes." Teams are not allowed to come to shore in only four designated areas — Kawela Bay, Sunset Beach, Shark's Cove and Hammerheads in Mokule'ia — except for training purposes, which can take place in calm conditions during the summer by certified instructors.

The old rules did not allow any personal watercrafts within 3,000 feet, except in designated locations for emergency purposes only.

How the state will define "board and personal recovery" is what puzzles paddling surfers.

"They should just be allowed to surf at outer reef spots, just way out there where no (paddling surfer) will ever surf," said longtime Waialua surfer Michael McNulty. "They should make it strictly for big waves. If it's supposed to be an extreme sport, then why allow it all up and down the North Shore?"

By September 2004, tow-in surfers and watercraft operators must complete a certification class, which focuses on tow-in surfing, ocean safety and boating regulations. The first one is being offered through Windward Community College in three weeks. The class is limited to 20 people — or 10 tow-in teams.

Maui and Kaua'i also have designated restricted areas where tow-in surfers cannot come into shore. The state is planning to run certification classes on those islands as well.

Failure to comply with the new regulations may result in fines up to $1,000.

"Like in everything, there's goods and bads (to the rules)," said Archie Kalepa, supervisor of operations for Maui's Ocean Safety Division who tows in at the famous Jaws. "But I think this will encourage surfers to become more knowledgeable ... This is part of progress. It can't be stopped. But we gotta try to make it safe."

But while some tow-in surfers are irritated with the certification requirement, others hope this will make the sport safer and surfers more responsible.

"This way there's less people in the water who don't know what they're doing," said longtime tow-in surfer Charlie Clifton, 49. "There are too many people out there getting in the way and causing trouble, making a bad name for the people who've been towing in for a long time and know the water ... It's like getting a license to drive ... It makes things safer."

But paddling surfers upset at teams who break the existing rules say the state doesn't sufficiently enforce regulations.

"I've complained and nothing's been done," McNulty said. "They don't patrol. And how are you going to catch a Jet Ski?"

Some North Shore surfers have complained about tow-in teams plowing through popular breaks such as Chun's Reef and Laniakea — both close enough to shore to paddle to — in 3- to 4-foot surf.

McNulty has seen — and complained about — tow-in teams at breaks where he often surfs. Even in the summer, when waves are smaller on the North Shore, he has seen personal watercrafts patrolling popular breaks, towing surfers into 3-foot surf.

"I've seen that at Leftovers. They were buzzing all around us," said McNulty, president of the North Shore Ocean Safety Association. "It's only a matter of time before someone gets run over by a Jet Ski."

According to the city's Ocean Safety Division, lifeguards respond to between six and 25 tow-in-related calls a year, mostly on the North Shore. There have been no fatalities.

"We're putting our employees' lives at risk to assist and rescue these folks," said Jim Howe, operations chief of the city's Ocean Safety Division.

An instructor of the certification class, Howe believes teaching tow-in surfers about water safety, risk management, and state and federal regulations governing the sport will be beneficial to everyone who uses the ocean. With teams learning about lifesaving and ocean safety, they may even help other teams and surfers in distress.

"We feel this will only enhance everybody's skill level and potentially reduce the number of incidents lifeguards have to respond to," Howe said.

He said the class will not teach how to tow-in or surf big waves.

But Keualana is skeptical of how effective regulation and certification can be. "Whether you put one law out or not, it ain't going to stop them," he said. "They still going out there, they still going do 'em. ... "