Manta ray tour rule proposals would require permit, limit site access

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KAILUA-KONA — Manta ray tour operators would need special “manta viewing” permits, given out exclusively to tour companies that have operated since June 2015 or earlier, under a proposed set of new rules released by the state Department of Land and Natural Resources earlier this month.

KAILUA-KONA — Manta ray tour operators would need special “manta viewing” permits, given out exclusively to tour companies that have operated since June 2015 or earlier, under a proposed set of new rules released by the state Department of Land and Natural Resources earlier this month.

The department scheduled a meeting for Saturday at the Hawaii Community College Palamanui campus, 73-4225 Ane Keohokalole Highway in Kailua-Kona, to discuss the proposal and other plans in connection with the popular excursions. The meeting will be at 10:30 a.m. in Room B-126.

One operator, however, already came out against the proposed new permitting rule. Hawaii Island and Ocean Tours owner and operator Jonathan Droge said changing up the rules on permitting for already operating businesses would be unfair.

“If would be like saying your current drivers license is only good for daytime and weekdays, so if you want to drive at night or on the weekends, you have to buy another license,” he said in remarks addressed to the Division of Boating and Ocean Recreation.

The department included in its rules a list of 28 operators who would be eligible to apply for manta viewing permits, including Droge’s tour business. Operators who think they were erroneously excluded from the list should contact the Division of Boating and Ocean Recreation before Oct. 14.

The DLNR has been looking for ways to control the increasing crowds at Keauhou Bay and Makako Bay, also known as Garden Eel Cove. The recently released proposals include several rules that would limit the number of tour boats that could operate at any given time. Being on the list of eligible operators, however, “does not guarantee issuance of a permit.”

Companies also would be restricted to one permit each and only would be granted access to either Makako Bay or Keauhou Bay waters, according to the proposal.

While the specifics about how permits will be distributed haven’t been nailed down, DOBR said what they won’t do.

There won’t be a lottery, for instance. They’ve also nixed auction, “first-come, first-serve” and “no permit” proposals.

The state also continues to work on determining an exact fee, if any, for a manta permit.

The draft also proposes rules specific to each of the two popular manta ray viewing sites.

At Keauhou, for instance, the new rules would prohibit all manta-related scuba activities. The prohibition wouldn’t prevent snorkeling.

Scuba would be allowed at Makako Bay, though only at the designated “campfire area,” where there is an established rubble area.

The department also proposed installing additional moorings at the bay, though the exact number and locations are still being determined.

Kirstin Kahaloa, executive director of the Kona-Kohala Chamber of Commerce, said the chamber is concerned about the impact the proposed rules would have on the ocean recreation industry.

“Before rules are created, the state should consider those impacts,” she said. “It doesn’t seem like an economic impact study has been done.

Email Cameron Miculka at cmiculka@westhawaiitoday.com.