State of Hawaii

04/26/2024 | News release | Distributed by Public on 04/26/2024 18:53

DLNR News Release Ohana Kayak Rentals Fined

DEPARTMENT OF LAND AND NATURAL RESOURCES

JOSH GREEN, M.D.
GOVERNOR

DAWN CHANG
CHAIRPERSON

NEWS RELEASE

FOR IMMEDIATE RELEASE

April 26, 2024

OHANA KAYAK RENTALS FINED $35,000 FOR COMMERCIAL USE VIOLATIONS

(HONOLULU) - The Board of Land and Natural Resources (BLNR) today fined Janell Jensen, dba Ohana Kayak Rentals, for unpermitted commercial ocean use activity on at least five separate occasions within Kāneʻohe Bay waters. The board received numerous comments from people supporting the penalties.

Based on a DLNR Division of Boating and Ocean Recreation (DOBOR) staff recommendation, the BLNR imposed administrative fines totaling $35,000 for seven separate violations in 2023 and 2024.

DOBOR's Oʻahu staff and officers with the DLNR Division of Conservation and Resources Enforcement (DOCARE) observed Jensen offering and/or delivering for-hire, kayak rental equipment on multiple occasions, including on Sundays and federal holidays, without a valid commercial use permit (CUP). Hawai'i Administrative Rules (HAR) require anyone conducting commercial activities in state ocean waters to have a valid CUP. Additionally, under HAR, all commercial ocean use activities in Kāne'ohe

Bay are prohibited on Sundays and federal holidays.

The DOBOR submittal stated that Jensen had full notice of the rules and regulations against providing kayaks for rent without a valid commercial permit. An October 2023 cease and desist letter sent by DOBOR, along with a citation issued by DOCARE, offered sufficient notification. "There is also substantial and well-documented evidence that Jensen continues to operate her business illegally, including complaints from community members highlighting traffic and safety concerns and other neighborhood disruptions," staff wrote in the submittal.

The BLNR voted unanimously to impose the maximum fines for the repeated violations in order to curb any temptation to further violate statutes and rules laid out to protect state natural and cultural resources.

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RESOURCES

(All images courtesy: DLNR)

Photographs - Submitted photos (various dates):

https://www.dropbox.com/scl/fo/hzovg5158d1g3hlo86zu5/AOxVw89m1hMN-M3SfmHwY6g?rlkey=4auxe4q9nr7qqihc7lk4umwoy&st=ux7l7i9n&dl=0

Media Contacts:

Ryan Aguilar
Communications Specialist
Hawai'i Dept. of Land and Natural Resources
[email protected]
808-587-0396

Dan Dennison
Communications Director
Hawai'i Dept. of Land and Natural Resources
[email protected]
808-587-0396