The Land and Natural Resources Commission on Friday increased the fine against the owner and operator of the luxury yacht Nakoa to $1,818,85.97, citing biological and cultural damage and “emotional distress to the community.” did.
The luxury yacht ran aground on a reef about 600 yards north of the Honolua Mokuleia Bay Marine Life Reserve in February 2023. It sank at a depth of 800 feet on March 5, 2023, after being freed from the nearby rocky coastline. Operations in Honolua have been suspended for nearly two weeks.
After hearing passionate testimony from community members, a tentatively proposed fine of more than $117,000 for damage caused to coral and live rock has been increased.
“A slap on the wrist in this situation would be a slap in the face to this community,” said John Carty of the Save Honolua Coalition.
BLNR Chair Dawn Chan said: “We commend our community members, especially the members of Honolua who came forward to share their concerns. We listen to you about the cultural significance of this place and these resources, and we appreciate your input into this process. We really appreciate their participation.”
The initial lighter fine was recommended by the DLNR Division of Aquatic Resources (DAR), but consideration of penalties for biological and cultural damage and community distress was left to the Board.
DAR’s submission to BLNR states that “DLNR does not have the means to obtain monetary value for emotional distress or cultural harm to the public, but DAR received in July 2023 and January 2024 BLNR “We acknowledge the amount of public testimony.” Conference, and at the February 2024 Maui Community Conference on Mental Distress and Disability. Accordingly, DLNR leaves the decision to impose additional appropriate penalties against responsible parties at the discretion of the Board. ”
This is the third time that an enforcement action against Jim Jones, Noelani Yacht Charters, LLC, Kevin S. Albert, Kimberly L. Albert, and the Albert Revocable Trust has been filed before BLNR.
Last July, the Alberts and their trust reached a tentative agreement with the board to pay a settlement of $117,471.97. BLNR reserved the right to impose fines and fines on Jim Jones and Noelani’s yacht charter. Six months later, despite repeated requests to the Alberts, no settlement was reached.
In January the DLNR resumed administrative enforcement actions against all parties. The board’s final action was deferred and it directed the DAR to hold a regional meeting in West Maui to obtain input on the amount of the final civil penalty. The meeting, held Feb. 22 at Kumulani Chapel in West Maui, helped staff seek input from community members affected by the grounding.
According to a filing from Friday’s BLNR meeting, DAR indicated three general themes emerged from the community meeting.
- The recommended fine amount was too low. The Board should pursue maximum fines to deter this type of behavior in the future.
- The fines paid by responsible parties to DLNR should be used to strengthen existing regulations and/or for better and more durable moorings.and
- If DLNR cannot adequately police and manage Honolua Bay, Honolua Bay should be closed to all commercial activity.
“This was a victory for our natural, biological and cultural resources, and for the entire community that places great value on our cherished bay and the life it supports,” Chan said. I am proud of the BLNR for sending a strong message that there can be serious penalties for causing suffering to people.”
