WAILUKU — Maui County and commercial recreation operators are working to strike a balance between business activities at public beach parks and the public's right not to get crowded out of limited parking and offshore areas used for water sports.

At issue is a new draft of Parks and Recreation Department administrative rules intended to regulate visitor activity operators with 57 permits to provide lessons in scuba diving, snorkeling, surfing, windsurfing, kite surfing and kayaking.

For the first time, the county would put significant caps on the number of operators and students allowed in the parks, limit what kinds of activities operate at each park, restrict parking in some areas and require emergency medical training for all instructors.

Some of the operators said the latest county proposals could drive many of them out of business, leaving hundreds of Mauians without jobs, not to mention an undetermined amount of lost revenue for the county.

"Right now, our department is very much trying to fulfill the needs of residents, visitors and families with our limited resources for county parks," said Parks Director Tamara

Horcajo. "At this point, we're hoping to get more assistance to find a balance in the numbers of those users. So this is a start."

Operators' spokeswoman Leslie Mullens said the businesses want to focus on the positive. She declined to discuss the specific concerns expressed by some of the business owners.

"They are very hopeful about this current wave of discussions that they're having," Mullens said.

A complete new set of county "Rules of Practice and Procedure for Commercial Ocean Recreational Activity Permits" should finally be in place by July, Horcajo said. But first, a public hearing is tentatively scheduled for sometime in April, she said.

A copy of the draft rules can be found online at www.co.maui.hi.us/departments/Parks/. She is asking the general public to give the county input via e-mail at parks.dept@co.maui.hi.us.

For years, residents have complained that the companies' trucks and students were clogging up parking lots and water-sport novices were clashing with experienced island residents in the water.

However, the operators said they fill in important gaps that the county doesn't have the money to address, such as providing discounted or free activities for local children and community organizations.

"Even when it's busy, it's never too busy for the local people," said Maui Beach Boys surf school owner John Browne as he managed his business Friday morning with a cell phone, lawn chair and van in Kalama Park in Kihei. "There's always room in the park."

But just down the beach in Cove Park, where the surf schools aren't allowed to operate, veteran surfers Mike Galios and Crispin Arakaki, complained that the vendors put too many people in the water and damage the coral. The county doesn't do enough enforcement, the Kihei men said in separate interviews.

"It's like we don't have any rules anyway," Galios said. "They (surf-school operators) just push it every time."

The surfers said it gets worse during busy tourist seasons, including spring break in the next week or so. But not all residents see the novices as nuisances.

"You have to share the water," said surfboard paddler Norma Saribay of Pukalani. "That's what this sport is all about."

Still, it was a persistent outcry of complaints from residents that led to the process to redraft the ocean activity rules in 2003. That's when the Maui County Council approved Bill 34.

The 2003 ordinance shifted beach permitting from the Finance Department to the Parks and Recreation Department. It also required an environmental assessment for the entire commercial activity program. The environmental study measured the stress put on the shores and waters by the user groups and helped establish some early guidelines.

Operators can no longer use the parks on Sundays and holidays, and strict business hours were set in place for the parks. Since the ordinance was passed, there also has been a moratorium on the number of commercial recreation permits.

And just recently, the Parks and Recreation Department also hired five park rangers to monitor the vendors and enforce other park rules, Horcajo said. The department also has money in its budget to hire one more ranger.

Previously, the department had only two park rangers.

"I'm very excited about this," Horcajo said.

Browne said the operators have regulated themselves well under the rules in place. He said they have done everything asked of them so far.

The 2003 ordinance had eliminated money transactions on the beach. The measure was meant to stop unlicensed vendors from setting up shop in the parks and to encourage students not to park at the beaches.

Commercial water sports were also banned from nine public parks: Baldwin Beach Park, Cove Park, Hookipa Beach Park, the three Kamaole beach parks, the southern end of Kalama Park adjacent to Cove Park, Launiupoko Beach Park and Puamana Beach Park.

Now, commercial activities are allowed at 28 public beach parks.

But the parks department is considering placing another eight parks on the banned list, including those at Honomanu and Waiehu. Neighbors and residents asked that the beaches be added because of overcrowding, Horcajo said.

Another potential change is in permit ownership. The existing law already states that permits — which must be renewed annually for $500 — are nontransferable.

But the new proposal goes further to say that a permit is void if a company changes hands, goes under or if the owner dies.

Currently, the parks director has the authority to suspend or terminate a permit any time a rule or law for the enterprises is broken. But the proposed rules lay out a more defined violation procedure.

The first violation is a warning. The second is a $250 fine. If three violations occur within 20 months, the department would automatically impose a $500 fine and suspend a permit for a month. A fourth offense would result in a fine and permit revocation.

Operators said even a 30-day suspension would be the death knell for most of these small businesses.

According to the Maui County Code, only the permit holder is required to have cardiopulmonary resuscitation and first-aid training. Under the new rules, every instructor would need to be trained in life saving and first-aid skills and have lifeguard and environmental awareness training.

Mullens said the vendors already see themselves as stewards of the shore and sea. They also act as first responders sometimes, she said.

But perhaps the strongest point of contention is the proposed cap on how many students an operator can have in a park.

Each permit would only allow two lessons at a time in one place. In addition, there are proposed maximum allowable instructor-student ratios for each group of students:

— Surfing. One instructor per group of five students.

— Kayaking. One instructor per group of eight students with no more than four kayaks.

— Scuba diving. One instructor per group of eight students.

— Windsurfing. One instructor per group of four students.

— Kite surfing. One instructor per group of two students.

— Snorkeling. One instructor per group of eight students.

Now, operators can bring in dozens of people by bus from the hotels, with which they often partner to accommodate corporate parties. Meanwhile, the total number of people in the water as well as the ratio of instructors to students is determined by the operator's insurance policy.

The department used industry standards to set student-to-teacher ratios, Horcajo said.

"It will put most of us out of business is what it's going to do," said Browne, who's been teaching surfing in Maui since 1991 and has 15 employees.

Since the process of revising administrative rules began five years ago, county officials have met with representatives of the permit holders at least 10 times, including several meetings last week, according to those participating in the sessions.

"Obviously, they are concerned, but more importantly, all they want to do is partner to keep the parks safe and accessible to the public," Mullens said.

Horcajo said the county understands the concerns of the vendors, but that the draft rules are really just a starting point in the discussion. And there's still room for commerce, she said. Some parks can have up to six permits in action at any time, she noted.

"We've got to make sure we have the right balance," Horcajo said. "I know they (operators) don't want any capacities or limits, but really the time has come for us as a community to establish those."

Mullens said that not everyone in the water is taking part in a commercial ocean activity.

"How can you tell if someone who is kayaking if they are in a class or just someone who lives down the block?" Mullens asked.

Mullens also said the issue for operators is not about the money, although they often survive on thin profit margins.

"They built these businesses out of a love for a passion for a sport and a burning passion about finding a way to do what you love every day and get to share that with others," she said.

Still, more changes appear to be in the air.

"We need to protect our limited resources," Horcajo said. "The parks department isn't here to provide a business opportunity. We are here to protect our parks for everybody to use."

Chris Hamilton can be reached at chamilton@mauinews.com.

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