No surfing near Niihau?

LIHUE — A handful of lawmakers in the state Legislature are not only seeking to prohibit fishing within two miles of the “Forbidden Island” of Niihau but also keep out tour boats, kayaks and even surfers.

A recent amendment to Senate Bill 2125 is drawing fire from local ocean users, who were opposed to the bill from the get-go.

When first introduced, the bill was aimed at making fishing illegal within two miles of any island with a population below 500 individuals — namely Niihau.

In committee, however, it was amended to include additional language.

“No person shall operate a tour boat, vessel, or jet ski, or ride a surfboard, kayak, zodiac, or other pleasure or recreational craft,” it now reads.

The only exception to the bill’s prohibitions would be residents of the island, as well as individuals accompanied by someone who is.

Mel Wills, operations manager for Holo Holo Charters on Kauai, said the bill is flawed for many reasons, including that it specifically states it’s “relating to marine life conservation district.”

“Niihau is not a marine life conservation district,” he said. “Nor are there marine conservation districts on Kauai.”

Secondly, Wills said the beaches and water surrounding the privately owned island are part of the state of Hawaii and, therefore, public space.

“One of the biggest flaws is they arbitrarily can’t make a law that restricts us from navigating federal waters,” he said, adding that his company runs a tour boat to Niihau every day, weather permitting, and would be negatively impacted.

Westside fisherman Greg Holzman believes the recent amendment seems to only confirm local assumptions that it was never about fishery depletion but rather privatizing the waters surrounding the private island.

“To me, it just seems pretty obvious that this is all part of the plan,” he said.

A separate but similar bill introduced — and later deferred — in the House aimed to establish “community based subsistence fishing area” around the island to restrict fishing within one mile of the shoreline.

In late January, Niihau owner Bruce Robinson and his wife, Leiana, submitted testimony in support of that bill but recommended amending the restricted area from one to two miles and inserting language similar to the amendment made to SB 2125.

“To preserve the culture and traditions of the Niihau people, all vessels should be banned including but not limited to tour boats, vessels, jet skis, surfboards, kayaks, zodiacs, and all other types of pleasure and recreation crafts … with the exception of any type of water craft, including surfboards belonging to a person domiciled on Niihau, and any Niihau Ranch vessel will be permitted,” the Robinsons’ suggested amendment read.

In his testimony related to SB 2125, Robinson wrote that the bill is “pivotal” for Niihau’s residents and that, if something isn’t done, the island’s resources will run out, as they have on other islands.

“That’s why they’re coming to Niihau,” he said of outsiders. “They have to.”

Kauai surfer Aaron Hoff said he has been surfing off Niihau his entire life, towing in on a jet ski during large swells. They are trips he looks forward to, often taking younger surfers with him. He said he can’t understand how such an activity could be having a negative impact on the island’s residents.

“It’s not hurting anybody,” he said. “I don’t see how surfing hurts anybody.”

SB 2125 has been passed by the Senate committees on Water and Land and Hawaiian Affairs. It will head to the Senate Committee on Ways and Means, although a hearing date has not been scheduled.

It will be the first opportunity that Sen. Ron Kouchi, D-Kauai-Niihau, will have a chance to vote on the measure.

Up for discussion at 9 a.m. today is SB 3003, which aims to establish Niihau as an independent county from Kauai and under the jurisdiction of the state Department of Land and Natural Resources.

• Chris D’Angelo, environmental reporter, can be reached at 245-0441 or cdangelo@thegardenisland.com.