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On Thursday, a judge ordered that the four surf school permits issued for Kahaluʻu Bay in Hawai’i will be temporarily blocked. The ruling came as a result of a controversial lottery system that granted three of four permits to companies owned by a single person, prompting other local schools to fight the decision, according to Big Island Now.
On Nov. 17, 2023, the Division of Boating and Ocean Recreation (DOBOR), part of the Department of Land and Natural Resources (DLNR), awarded permits to operate surf schools out of Kahulu‘u Bay using a “bingo style” lottery. However, locals cried foul when it was quickly discovered that three of the four companies issued permits were owned by one person. Not only that, but it turned out that the same person owned seven of the 17 companies entered in the lottery. In response, three other surf schools filed for a temporary restraining order. At a hearing Thursday in Kona third Circuit Court, Judge Robert. D.S. Kim ruled in the plaintiffs’ favor and set a new hearing for Jan. 12.
However, since the original decision, the state has maintained that the lottery was the most fair system it had available. Additionally, when filing in opposition to the restraining order, the state wrote, “This is not a scenario in which previously lawful commercial operators have had the proverbial rug pulled from beneath their feet. As discussed, the Plaintiffs have never been issued permits for commercial surf school instruction in Kahalu‘u Bay waters by the DLNR. Rather, the Plaintiffs have apparently engaged in unsanctioned commercial surf instruction in Kahalu‘u Bay, in violation of HAR § 13-256-152.”
“We realize that we could not please everyone, but we also realized we had to do something,” said Meghan Statts, assistant administrator for the state Division of Boating and Ocean Recreation. “We deemed the lottery as the fairest way to issue permits under the current rules and we did so after consultation with the Department of the Attorney General. These are one-year permits, so we encourage anyone who supports a rule change to contact their legislators.”
However, in an Instagram post from shortly after the lottery, the DLNR also stated that they would attempt to change the system going forward. “The division plans to introduce legislation again in 2024 to try and address the issue,” stated the post. “The four permits issued are conditional, based on permittees gaining land access permits from the County of Hawai‘i.”
