Thrillcraft and parasail law overturned

A federal judge invalidated a state law barring thrillcraft and parasail boats from operating off Ka‘anapali during the humpback whale season.

The ruling, issued by U.S. District Judge Susan Oki Mollway on July 9, was based on findings that the Marine Mammal Protection Act (MMPA) pre-empts the state law. The motion to invalidate the law was filed by Ka‘anapali Tours and UFO Chuting of Hawai‘i, two parasail operations who are forced to close their businesses every winter. The state law banned the operation of commercial thrillcraft such as Jet Skis and other high-speed boating operations in waters off South Maui and West Maui from December 15 through May 15, believing that fast-moving watercraft pose a threat to humpback whales that migrate to the area every winter. Mollway’s decision raises many concerns among environmentalists and lawmakers. Although the Marine Mammal Protection Act states that no vessel can approach within 100 yards of a protected marine mammal, high-speed craft like Jet Skis are often rented to inexperienced riders who pose a potential threat if they do not understand the laws about approaching whales.