Governor Josh Green, M.D.

                         

DEPARTMENT OF LAND AND NATURAL RESOURCES

 

JOSH GREEN, M.D.
GOVERNOR

 

DAWN CHANG
CHAIRPERSON

 

NEWS RELEASE

 

 

FOR IMMEDIATE RELEASE

January 26, 2024

 

SECOND ATTEMPT TO COLLECT FINES FROM OWNERS OF SUPER YACHT THAT GROUNDED IN NORTHWEST MAUI

 

(HONOLULU) – Last July, the Board of Land and Natural Resources (BLNR) reached a tentative settlement agreement with the owners of a luxury yacht, the Nakoa, for $117,471.97 for damage to stony coral and live rock when the yacht grounded outside the Honolua-Mokulē‘ia Bay Marine Life Conservation District on Maui in February 2023.

 

The yacht’s owners, identified as Jim Jones, Noelani Yacht Charters, LLC, Kevin and Kimberly Albert, and the Albert Revocable Trust, have not paid any of the settlement amount. Today, the DLNR Division of Aquatic Resources (DAR) brought the matter back to the BLNR at its regular meeting.

 

After hearing from numerous community members both in person and virtually, the BLNR agreed to defer the matter until after the DLNR holds a community meeting in West Maui.

 

The DAR submittal notes, “The Nakoa grounding incident caused considerable angst and emotional distress to the public, especially to residents of northwest Maui. The DLNR does not have a tool to obtain a monetary value for emotional distress and cultural damage to the public, but DAR acknowledges the volumes of public testimony received at the July 2023 meeting regarding their emotional distress and cultural damage. Therefore, the DLNR leaves the decision to levy additional appropriate fines against the responsible parties to the Board in its discretion.”

 

At the conclusion of last July’s meeting, the Alberts and their trust reached a tentative agreement with the BLNR in which they would agree to pay the settlement amount for damage to natural resources, the restoration of natural resources, and the cost of the DLNR investigation. In return, the BLNR agreed to release them from any and all liability from current and future claims by the State, deriving from the February 20, 2023, Nakoa grounding incident. The BLNR reserved its right to assess fines and penalties against Jim Jones and Noelani Yacht Charters at a later date.

 

According to the DAR submittal, “Nearly six months have passed since the July 28, 2023, Board meeting and, despite numerous requests to the Alberts to finalize and pay the settlement amount, the settlement has not materialized.” The new submittal included all the owners.

 

The Nakoa broke loose from its mooring, was adrift, and ultimately grounded on the rocky shoreline between Honolua Bay and Līpoa Point. It took weeks to prepare the boat for removal and to conduct salvage operations. A salvage team determined the vessel was not salvageable and it was scuttled in 800-feet of water off Maui’s west coast, where it remains.

 

DAR conducted two natural resources damage assessments and found that 1,640.5 square meters of live rock were damaged and at least 119 living coral colonies were damaged or destroyed. Hawai‘i Administrative Rules (HAR) lay out a fine schedule for each specimen damaged or destroyed in a boat grounding, though the BLNR has broad discretion in assessing fines.

 

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RESOURCES

(All images and video courtesy: DLNR)

 

HD video – Nakoa defueling (Feb. 25, 2023):

https://vimeo.com/802341409?share=copy

 

Photographs – Nakoa defueling (Feb. 25, 2023):

https://www.dropbox.com/scl/fo/m8qid1rudehmav3o47001/h?rlkey=joc071t5087j8zuywi5cy9zg2&dl=0

 

Media Contact:

Dan Dennison

Communications Director

(808) 587-0396

[email protected]DLNR News Release-Land Board Defers Action on Nakoa Grounding, Jan. 26, 2024