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  1. #1
    Hellwoman Moderator
    Shawn Alladio's Avatar
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    Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    Jet ski citations to be challenged in court
    By Sav D'Souza
    9/15/2008 11:43:57 PM


    Tome Stone operating a Personal Water Craft (PWC) during instructional training session in Morro Bay, New Zealand. Stone is contesting citations he received at Kaunakakai.


    Two Maui residents are to contest citations they received for jet ski usage around Kaunakakai harbor back in May.

    Tom Stone, who received a citation along with Darrick Doerner, said he had been offered a plea bargain on his last appearance in court for the two citations he received. This would have involved dropping one of the citations if he agreed to pay the other.

    Stone said that he would be receiving legal representation for a further court date on Oct. 14. Speaking about why he would be contesting the citations, Stone said there were a number of factors. One involved his ability to use his jet skis for “transportation” reasons and not for “Recreational Thrill Craft Operations” as stated on his citation. Another reason is to hopefully get some clarity about the law regarding jet ski usage around Molokai.

    Current rules enforced by the Department of Land and Natural Resources state that jet skis and other personal watercraft are legal on Oahu, Maui, Kauai and Big Island, 500 feet from the shoreline (or outer fringe of barrier reef) to two miles off the coast, in certain designated areas. The bone of contention for some appears to lay in the fact that Molokai, like Lanai, are not specifically mentioned in the rules.

    That there are grey areas and unclear rules have been admitted to in the past by DLNR officials. Back in March, Randy Awo, DLNR branch chief for Maui County, said that, “the discussion would be black-and-white if the legislators had said ‘no jet skis.’ But the state instead said that the area has to be designated.” Awo also said that the DLNR inherited the current boating statutes in 1996 and that they are presently, "the most convoluted rules ever written."

    Back in May, the DLNR held an informal meeting to discuss the ban of jet skis on Molokai. Roughly three-quarters of those that spoke favored modifying the law. In June an open discussion was held on the issue of jet skis with two DLNR representatives. At both meetings, Nicholas Giaconi, DLNR’s district manager, suggested that an advisory committee be created for the issue.

    Recently, Laura Stevens from the DLNR Public Information Department, said that the Division of Boating and Ocean Recreation (DOBOR) will be systematically reviewing its administrative rules and working to improve them over the next few years through a rule change process.

    Stevens added that DLNR Staff are reviewing comments and assessing what steps should be taken moving forward. According to the DLNR, public opinion regarding the Molokai thrill craft meeting showed that residents were divided with the majority being against recreational thrill craft operations in waters surrounding Molokai.







    Comments


    Although I generally feel that there should be fewer government restrictions on people, I have to say I don't really see any public benefit to having jet skis.

    They may be fun for the 1 or 2 people riding them and provide income to those who sell or rent them, but they are noisy and polluting for every other living thing around. Not good for the fish or ocean as I understand they leak oil or gas.

    Transportation? It's possible... but sounds more like he's trying to make a silk purse out of a sow's ear. I wouldn't really want jet skis on Molokai. Maybe he could try Lanai, they might go for it.
    not a jet ski fan

    9/16/2008, 944 AM

    http://www.molokaitimes.com/articles/8915234357.asp

    http://www.Kanalu-k38.com

  2. #2
    PWCToday Regular PhilnEdee's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    "as I understand they leak oil or gas."


    Apparently, this person doesn't understand a whole lot about the subject they are commenting on
    Phil n Edee (EEEEDEEE)

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  3. #3
    PWCToday.com Is My Home Away From Home Waxhead's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    Ha ha
    Although I generally feel that there should be fewer government restrictions on people, I have to say I don't really see any public benefit to having golf courses

    whats a great statemenet you can just about add anything you like in there
    Mr Ski its been over 48mths now. Have those parts turned up yet. I would like my factory half pipe and the pjs reed stuffers back

  4. #4
    PWCToday.com Is My Home Away From Home Shonuff's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    Sounds like these poor DLNR guys are trying to do the best they can with poorly defined, "convoluted" regulations.

    I like that Tom is challenging it to force everyone involved to clarify both their stance and the regulations affecting PWC use.
    SUR #192

  5. #5
    PWCToday Regular PhilnEdee's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    So true, for instance:
    Although I generally feel that there should be fewer government restrictions on people, I have to say I don't really see any public benefit to having the DLNR
    Phil n Edee (EEEEDEEE)

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  6. #6
    Hellwoman Moderator
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    We stand together or we fail together.

    The difference is action.

    If we all just sit back and discuss it amongst ourselves, it stays with us and there is no voice, no change. We as participants in our sport need to stay connected, need to join the AWA, need to attend meetings, need to support one another. We do not need to accept what others decide is in our best interest, especially if they themselves have no conceptual or factual idea of what is in our best interest.

    Join us and the AWA fighting for our rights.

    Darrick and Tom are not waiting for someone else to step up. Keep track of this issue, comment on the article posting, set people straight, go to the link and correct what is written in your own terms, because SILENCE IS ACCEPTANCE.

    Shawn Alladio-Kanalu K38
    Last edited by Shawn Alladio; 09-17-2008 at 11:49 PM.

  7. #7
    Hellwoman Moderator
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    Kanalu K38 starts off legal proceedings against Hawaii


    Tom Pohaku Stone : photo David Pu'u



    Water Safety

    PWC certification facing changes - Hawaii

    Surfersvillage Global Surf News, 29 August, 2008 : - - Aloha kakou a pau ko'u mau hoa aloha, Today KANALU K38 have begun legal proceedings against the State of Hawaii, Department of Land and Natural Resources, Division of Boating and Ocean Recreation. As you recall myself (Tom Pohaku Stone) and Darrick Doerner were issued citations for venture beyond the 2 mile limit set by the State and for enter and anchoring in Kaunakakai Harbor.
    In court we are challenging these rules/regs on the grounds that it is discriminatory and it restricts my freedom to travel by ocean where I desire as long as I have followed boating rules/regs as mandated by the USCG.

    Our new legal representative is Hayden Aluli, one of the best criminal lawyers in Hawaii who usually represents us a Native Hawaiians.

    On another front we will filing a lawsuit against DOBOR (State boating) for unfair practices and prejudice in the review process of our course material that is the best Hawaii has. What has been offered since 2003 and modified often has only created a greater problem for us here in the Hawaiian Islands and I believe in many other places throughout the world.

    Primary to set up to make money in an indirect manner the Hawaii tow-surfing course has put people on the water who have no true knowledge of the ocean or the craft they operate. In the K38 way, as instructors we are responsible for those who we training and certify, therefore the most important part of our training is visual acknowledgement that the person we certify meets the minimal standards set by national and international boating standards and their ability to safely operate a PWC.

    We did not want to become embroiled with this training entity but we have been forced in this direction. Thus we have no choice but to begin to question the authenticity of their Tow surfing instructional material, instructional methodology, and individual instructional knowledge regarding the use of a PWC. Where did these individuals acquire their instructor certification and by what governing institution has sanctioned these instructors?

    K38 and Kanalu K38 as well as the entire K38 'ohana must maintain the training standards all of you have agreed to no matter what. If we are going to make changes it is as a family. If we are in a sense validating people across the world then we are held accountable.

    We are leaders in this field, and we can only maintain that if we are willing stand up and take responsibility for not only our actions but those whom we have educated.

    So, we stand in the middle of the ocean prepared to bring the correct changes to effectually create a safe ocean environment for everyone whom plays in the sea that surrounds our islands. Laws are good but let's make sure they are fair.

    A hui hou, Pohaku

  8. #8
    PWCToday.com Is My Home Away From Home crueldude's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    The AWA is no help. I've been riding for about 10 years and the advances they have made have been zero as far as I can see. I was very active in this, but the AWA just gives lip service. If you really want to do something, look for the old thread from last year where a Maine citizen challenged a ban. He spent tons of money and got ridiculed on this site for what he spent. But he won. He set precedent. If you really want to be active start some kind of fund and pay his lawyer for what he did to win and then we can arm ourselves with this info. I challenge all on this site to do this. To prove I walk the walk, I'll do the work if you guys pony up the money and help me to pay the Maine lawyer.

  9. #9
    I dream skis fwijetski's Avatar
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    Re: Kanalu K38 Challenges Jet Ski Citations in Hawai'i

    That's why I don't live in Hawaii.
    The long haired, dope smoking, filthy, maggot infested, fishbelly white, birkenstock clad, coke bottle eyeglass wearing hippie/commie burnouts from Kalifornia have taken over the islands.
    Let them ride their canoes and be "in tune" with nature...........I' ll take the Atlantic ocean and Caribbean anyday!
    :****you:
    99 SXI Pro


    Florida.....a sunny place for shady people!

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