yacht runs aground in maui

Maui officials: Luxury yacht that ran aground near marine sanctuary leaked fuel into bay

HONOLULU (HawaiiNewsNow) - Maui officials confirmed the luxury yacht grounded near a marine sanctuary leaked fuel into the bay.

The 94-foot vessel got stuck on the reef on Monday at Honolua Bay. The extent of the leak is unknown at this time, and it’s prompting calls for action.

“The whole community is kind of little disturbed ... it’s just kind of shocking ... from an environmental aspect,” said West Maui resident Darren McDaniel. “So many people that have given so much of their heart and soul into taking care of this place, makes me teary eyed.”

On Tuesday, a sheen of diesel fuel was visible in waters surrounding the boat and people nearby complained of the stench of fuel in the air.

“People are angry. People are pissed. That’s for sure,” said Napili resident Mike Jucker. “It is very sad.”

The U.S. Coast Guard (USCG), Department of Land and Natural Resources (DLNR), and a private contractor are trying to dislodge the 94-foot Nakoa and prevent any more pollution.

“Honolua Bay is in our Marine Life Conservation District. It’s got a wealth of marine life. It’s important environmentally, ecologically, culturally. And of course, also from ocean user point of view, it has a high recreation value. This is one of the most popular waves on Maui,” said Lauren Blickley, Surfrider Foundation Hawaii Regional Manager.

DLNR officials said the yacht can’t be moved until all fuel, batteries, and any other pollutants on board are removed. That process may involve a helicopter and is expected to take at least through Wednesday.

“What I understand, there’s no boom, which is used to contain an oil spill, or fuel spill. There’s no boom readily available on Maui. So, it’s having to be flown or shipped in from Oahu,” said DLNR Senior Communications Manager Dan Dennison. “That may take a little while.”

DLNR officials said it will likely be a few more days before the vessel is freed from the rocks and reef.

“Once the fuel and other potential hazards are removed, the USCG will release the vessel back to the owner. At that time, he will need to provide the DLNR an acceptable salvage plan for the vessel’s removal,” Dennison said.

DLNR said it’s investigating what led to the Nakoa grounding and citations and fines could be levied based on the findings of that investigation.

“This morning, a team from the DLNR Division of Aquatic Resources (DAR) did an initial underwater assessment of potential damage to coral reefs and live rock. Divers noted an estimated 30 coral and live rock were damaged but will need to return to do a more thorough assessment once the vessel is removed. Based on those findings, the boat’s owner could face significant penalties as determined by the State Board of Land and Natural Resources. Corals and live rock (other non-coral reef organisms) are protected by State law,” said Dennison.

DLNR said active leaks have stopped because one of the owner’s friends managed to board the yacht and shut off all the pumps.

The Coast Guard said the Federal On-scene Coordinator opened the National Oil Spill Liability Trust Fund “federalizing efforts to mitigate potential pollution to the environment.”

Maui County issued an emergency permit allowing special equipment to remove the yacht to prevent further damage to the reef and the ecosystem.

Maui Mayor Richard Bissen Jr. issued a statement on the incident:

“I spoke with Governor Green today and shared the concerns our community has on what has happened at Honolua Bay and the need to expedite response efforts to protect the marine sanctuary and remove the grounded vessel. I share those concerns as well. I also received an update from DLNR director Dawn Chang that outlined the department’s actions and next steps requiring the involvement of the U.S. Coast Guard. I’ve conveyed that this is a serious matter and appreciate the attention of the Governor and his administration to address the situation. I understand that this is under the jurisdiction of State and Federal agencies and I’ve been assured that their efforts are being done urgently. I’ve assigned senior staff to carefully monitor the situation and offer support when appropriate.”

The owner of a luxury yacht has apologized.

Jim Jones, the owner of Noelani Yacht Charters, told Hawaii News Now he was anchored offshore with his family for the past two days, and then something went wrong at around 5:45 a.m. Monday.

“While we’re underneath the boat during our pre-check, the mooring line broke,” said Jones.

“As we come out of the boat, it was too late.”

Jones said he’s sorry for running aground at Honolua Bay and added that no negligence was involved.

“It was a freak accident and worst timing ever,” said Jones. “We couldn’t have done anything about this, and we’re doing everything we possibly can to try to get off of here.”

The 94-foot boat called The Nakoa is stuck in a prime surf spot and near a marine sanctuary where Honolua Coalition has been opposing developments and protecting the bay for nearly 15 years.

“It is a terrible optic, it’s just something you just would dream of never seeing, and it happened today,” said John Carty of Honolua Coalition.

”We’re hoping for the best that the damage can be minimized.”

The nonprofit Malama Kai Foundation said the public is allowed to use Day-use Moorings Buoys on a first-come, first serve basis with a two-and-a-half hour time limit.

Jones said he wasn’t warned of the rules and stayed there for two days.

“There’s nobody that contacted us ever about, ‘hey, you can’t be in this bay, you can’t hook up to an anchor here,’” said Jones. “And so, if somebody would have said that, we would have got out of here.”

Maui Community Advocate Tiare Lawrence is asking for the State to step up.

“Really push forward and passing sensible legislation to protect these places and to enforce,” said Lawrence. “There’s a lack of enforcement, we hear it all the time, and they really need to step up.”

Jones said they’re hoping to be out by 4 a.m. on Tuesday when it’s supposed to be high tide. The company will have to pay for the removal costs.

Maui County issued the following statement:

“In response to the increasing risk of damage to the reef and ecosystem at Honolua Bay, a marine sanctuary in West Maui, the County of Maui exercised its ability to issue an emergency Special Management Area permit that would allow equipment to access the site via the shoreline and assist in dislodging the vessel from the reef it is resting on and enable it to reach deeper water to exit the area. The emergency permit, authorized by Acting Planning Director Kathleen Ross Aoki was issued late this afternoon following discussions with West Maui Councilmember Tamara Paltin and the excavation company. This action comes after attempts during an afternoon high tide failed. The State must still issue a corresponding permit for the work that also involves DLNR jurisdiction beginning at the high water mark and into the ocean. We are pleased to be able to rapidly respond to a situation in dire need. The longer the vessel remains in the sensitive area the higher the risk of damage.”

Despite an offer from a private excavation company and an emergency permit provided by Maui County, the land department said it does not currently plan to issue a permit allowing an excavator to try and push the boat out from land.

This is a developing story. Please check back for updates.

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94-Foot Yacht Runs Aground at Honolua Bay, Prompting Demands to Protect the Sanctuary

Maui County issued an emergency permit for use of equipment that could remove a 94-foot yacht from the reef at Honolua Bay Monday night.  The Nakoa,  which is owned by a Hawaiian yacht-charter company, was reportedly attached to an offshore mooring Sunday night. When the line broke overnight, the ship was pushed into Maui’s iconic surf spot, Honolua Bay, in the Honolua Bay Marine Reserve and part of the Honolua-Mokuleia Marine Life Conservation District.

The owner of the boat, Jim Jones, apologized to the public while insisting no negligence was involved.

“It was a freak accident and the worst timing ever,” Jones told local news Monday night . “We couldn’t have done anything about this and we’re doing everything we possibly can to try to get off of here.”

According to the Department of Land and Natural Resources (DLNR), day-use moorings are limited to two hours in the area but Jones says he had no knowledge of the two-hour limit and stayed there for two days. Nonetheless, Maui County issued the emergency permit for removal and the rental business will be responsible for any of the costs associated with the removal:

“In response to the increasing risk of damage to the reef and ecosystem at Honolua Bay, a marine sanctuary in West Maui, the County of Maui exercised its ability to issue an emergency Special Management Area permit that would allow equipment to access the site via the shoreline and assist in dislodging the vessel from the reef it is resting on and enable it to reach deeper water to exit the area. The emergency permit, authorized by Acting Planning Director Kathleen Ross Aoki, was issued late this afternoon following discussions with West Maui Councilmember Tamara Paltin and the excavation company. This action comes after attempts during an afternoon high tide failed. The State must still issue a corresponding permit for the work that also involves DLNR jurisdiction beginning at the high water mark and into the ocean. We are pleased to be able to rapidly respond to a situation in dire need. The longer the vessel remains in the sensitive area the higher the risk of damage.”

The entire incident caused quite a stir on social media with locals calling for stronger enforcement of rules meant to avoid accidents like this. Concerns have ranged from possible fuel contamination to the risks of waves crushing parts of the boat into the reef if local authorities couldn’t execute a timely removal.

“On the west side, we’ve seen shipwrecks stay for years and months and that cannot happen this time. It has to be expedited out of there before there’s more damage to the reef, to the environment,” said Maui County Councilmember Tamara Paltin.

“We need to figure out some kind of systems and I’m pretty sure they have them on the boat, that once we start moving from our anchor point, we should have alarms that go off,” Jones told local media about the yachts. “That’s going to be something that we implement immediately to avoid this ever happening again.”

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Maui businessman, captain sued for $2M after grounding luxury yacht

A business owner whose luxury yacht ran aground and leaked diesel fuel into waters off Maui last month is being sued for more than $2 million in damages by a trust that sold him the vessel.

The lawsuit filed in U.S. District Court in Honolulu on Monday seeks at least $1.45 million for the loss of the yacht, which was supposed to be paid off over the course of 15 years. It also seeks at least $500,000 for salvage work and at least $500,000 for environmental damages.

Kevin and Kimberly Albert, trustees of the Albert Revocable Trust in New Mexico, filed the lawsuit against Jim Jones, his company Noelani Yacht Charters, and ship captain Kimberley Kalalani Higa.

The lawsuit says the only approved captain on the insurance policy was Joe Bardouche. Both have a 100 T U.S. Coast Guard license.

The lawsuit says Jones and his company used the vessel “in a grossly negligent manner” for a personal trip without seeking the approval of the trust.

The 94-foot yacht Nakoa ran aground in Honolua Bay on Feb. 20 after its mooring line snapped. Private contractors towed the ship out to sea, where it sank in about 800 feet (244 meters) of water on March 5.

The state Department of Land and Natural Resources plans to bill Jones for the $460,000 cost of salvaging the boat. It's also considering fines after the episode damaged coral reef.

The lawsuit says Jones notified the trust after the grounding that he had taken the yacht out for personal use.

It says Jones and Noelani Yacht Charters breached a purchase agreement holding the buyer responsible for any risk of loss or damage. The agreement also outlined operations, crew requirements and restricted uses.

A phone message left for Jones at Noelani Yacht Charters was not immediately returned. The company's website says it's no longer in business.

The company told The Maui News in February that “this was a family retreat with an unfortunate ending.”

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Extensive coral damage from luxury yacht that ran aground off Maui

KAPALUA, Hawaii — The Department of Land and Natural Resources Division of Aquatic Resources sent divers to the site where a luxury yacht ran aground off Maui and found damage to nearly 20,000 square feet of coral and live rock.

What You Need To Know

A team with the division of aquatic resources assessed damage from when the yacht ran aground and when it was dragged off the flat reef into deeper water during the intitial grounding, 19 coral colonies were damaged when the boat was dragged off the reef, two parallel scars damaged 101 coral colonies dlnr said the yacht’s owner is responsible for costs related to salvaging the yacht and damaging coral.

The yacht, Nakoa, ran aground just outside the Honolua-Mokuleia Marine Life Conservation District two weeks ago and was finally freed on Sunday after three attempts. It then sank in 800 feet of water, where it will remain. 

The four-person DAR team assessed both initial damage from when the vessel was grounded and scars from when the boat was dragged off the flat reef surface into deeper water. 

The assessment revealed that, during the initial grounding, 19 coral colonies were damaged. 

From when the boat was dragged off the reef, there are two parallel scars that extend 246 feet into the water. The first 49 feet comprises deep, trench-like scars, which are about 16 feet apart. In this area, the DAR team found 101 damaged coral colonies, and damage to live rock covering nearly 2,099 square feet. 

After DAR completed the assessment, a team with the Maui Ocean Center Marine Institute collected more than 100 fragments from damaged coral. The team plans to recover more fragments soon. The Maui Ocean Center Marine Institute will grow out the coral fragments at its lab for future coral restoration projects. 

The Maui Ocean Center Marine Institute team also identified colonies of dislodged corals that will be reattached when the weather improves. 

DLNR said the yacht’s owner is responsible for costs related to salvaging the yacht and damaging coral and live rock. The salvage company and tug company will not be held responsible for any damage. 

A final version of the assessment will be presented to the Board of Land and Natural Resources. DAR will also recommend fines and penalties for the damage. 

Michelle Broder Van Dyke  covers the Hawaiian Islands for Spectrum News Hawaii. Email her at  [email protected] .

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Luxury yacht runs aground in Honolua Bay on Maui

By Jack Truesdale

Feb. 20, 2023

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A 97-foot yacht ran aground in Honolua Bay on Maui on Monday morning.

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A 94-foot Sunseeker luxury yacht ran aground in Honolua Bay on Maui Monday morning after its mooring line snapped, sparking outrage on social media over the boat’s potential damage to the marine environment.

Videos posted to social media showed the vessel, named the Nakoa, stuck on the rocks in front of where some surfers paddle out to the world-famous right-hand point break. It came to rest about 700 feet out­- side of the state Honolua-­Mokuleia Bay Marine Life Conservation District at the part of the reef surfers call the Point.

“Such a bummer,” big-wave surfer Kai Lenny commented on one Instagram post.

“They need to be held responsible for every inch of reef,” wrote another user. “I hope they receive millions in fines by the looks of the yacht that they have.”

The vessel is one of two luxury yachts owned by Noelani Yacht Charters. With a top speed of 32 knots, the Nakoa has four bedrooms, five bathrooms and a full kitchen. Charter packages start at $9,801, according to the company’s website.

“While she’s well suited for day trips around any of Hawaii’s major islands, she’s more perfectly suited for unforgettable multi-day luxury experiences for guests who demand only the best,” the website states.

Reached by phone, Jim Jones, owner of Noelani Yacht Charters, said, “The boat’s in great shape,” although some “stabilizer fins” broke off. Asked whether fuel was leaking from it as some Instagram users noted, he said, “There’s no leak at all.”

Jones was on a family outing when the mooring line snapped around 5:30 a.m., and the boat drifted onto the reef around 6 a.m., he said. “The wind came up strong this morning,” he said. Jones hoped the rising tide would lift it off the reef by 4 p.m. Monday, he said.

By 4:25 p.m. the boat could not be removed, according to Department of Land and Natural Resources spokesperson Dan Dennison. The Coast Guard was still on the scene Monday afternoon, he said. There was no leak of fuel or hazardous materials, he said.

DLNR’s Division of Aquatic Resources received a report at 6:30 a.m. that the boat had run aground, Dennison said. It was unknown whether the anchor or keel had been dropped, he said.

Crews were scheduled to return at 3 a.m. Tuesday to try to remove the boat at the next highest tide around 5 a.m., Dennison said.

DLNR’s Division of Boating and Ocean Recreation is checking the owner’s insurance, Dennison said. “If covered, recovery is the owner’s responsibility,” he said. “The full circumstances of this grounding are not known at this time, and the DLNR divisions will be following up appropriately,” he said.

Community members expressed their concern over the boat’s damage to the marine environment.

“The community is super concerned if another swell comes if the boat breaks apart in the lineup,” said Tamara Paltin, a Maui County Council member representing West Maui and volunteer president of the Save Honolua Coalition. “The Save Honolua Coalition has been trying for years to get the state to better manage the bay. The community is demanding full accountability from this company,” Paltin said.

When a crew tried to pull the boat off the reef at the 4 p.m. high tide Monday, “it wasn’t even budging,” Paltin said. “They might have one more chance tomorrow morning,” she said, when the tide is higher.

“What happened at Honolua Bay is an environmental disaster,” Tiare Lawrence, a board member of the community group Ka Malu o Kahalawai, wrote in a text. “In these situations, commercial and mooring permits should automatically be rescinded,” Lawrence wrote.

Day-use moorings have a limit of two hours, Dennison added. Buoys of this kind are intended to prevent boats from damaging the reef with their anchors, according to the Malama Kai Foundation.

Jones, who owns the Nakoa, says he spent the night in the boat moored to the day-use buoy. “We were unaware that that was not allowed,” Jones said.

“I get the locals are upset,” Jones said. “This is not intentional, and we apologize for being in this prime surf spot. We’re just trying to get off the rocks.”

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Big Motor Yacht Runs Aground at Famed Surf Spot on Maui

On Monday, a 94-ft motor yacht, identified as the  Nakoa , reportedly broke free of its mooring, drifted onto the reef at Honolua Bay, Maui, Hawaii, and began leaking diesel.

“Due to the urgency of the response needed, the Coast Guard [federalized] efforts to mitigate potential pollution to the environment,” according to gCaptain . “This means that the yacht cannot be moved until all fuel, batteries, and any other pollutants on board are removed.”

Here’s a post from the Qualified Captain’s Instagram : “I don’t like to post anything until I find out the full details, but as of now here is what I know. They were not properly tied up to a state funded mooring. They also apparently over-extended their stay. They broke loose of their mooring while they were below deck. They were not able to get back on deck in time. When they did in fact get back at the helm and started the engines, they accidentally went forward instead of reverse and went straight into the reef. This has caused a massive diesel spill, and will become a big salvage job. Sad and frustrating situation.”

The website The Inertia   said that the owner of the boat, Jim Jones, apologized to the public, and insisted that no gross  negligence was involved. “It was a freak accident and the worst timing ever,”  Jones told local news Monday night . “We couldn’t have done anything about this and we’re doing everything we possibly can to try to get off of here.”

The Inertia confirmed reports that Nakoa  had overextended their stay. “According to [Hawaii’s] Department of Land and Natural Resources (DLNR), day-use moorings are limited to two hours in the area but Jones says he had no knowledge of the two-hour limit and stayed there for two days.” The Inertia said that Maui County issued an emergency permit to remove the vessel, and the rental business that owns the Nakoa will be responsible for any of the costs associated with the removal.

Hawaii state officials said it would likely be “another few days” before the  Nakoa would be removed from the rocks and reef at Honolua Bay, according to the  Maui News . Here’s a report from yesterday regarding the cleanup operation:

11 Comments

I’m on Maui and was there Tuesday. Officials said he pulled up anchor first before starting his engines and couldn’t get them started. He was in the engine room when he ran aground. There are no moorings in the area.

Light it on fire like they did in Ohio with the railroad disaster. Problem solved!

So, he was incorrectly hooked up to a mooring, where he did not know the rules. Overstayed the time limit by days. Did not have an anchor alarm set, or any warning that they had broken free from the mooring. When they realized the yacht was adrift, they quickly ran to the helm and put her in forward instead of reverse. Apparently no attempt was made to run out the anchor and kedge off the reef. No weight redistribution was attempted. No mayday was issued?? How is this not gross negligence??

Bummer for everyone… the only thing needed is to learn from other’s mistakes and never trust heresy.

It amazes me that someone qualified was not on that boat at all times. Dropping anchor is what you do right away. Somebody needs to have his toys taken away. Especially in a place so blessed.

Sounds like incompetence more than anything. Too busy partying.

No boats in that bay period. Not the first time. Too much swell.

Aloha, Having personally assessed the scene on the first day it pained me to know I needed to avoid becoming involved in a large part due to having delayed purchasing 300 gallon flexible fuel tanks, fuel transfer pump and oil-absorbent booms which I have planned to purchase if/when my team is ever paid for a rapid environmental salvage and wreck removal at Mala Wharf conducted over a year ago. Quite literally, instead of being able to invest in additional salvage equipment I have been forced to spend money on litigation to get State Farm Insurance to simply open a claim (Demarest v. Alfouadi, Hawai’i District Court Case Number 1:22-cv-00064). There is a lot of talk about uninsured vessels, but what is the point of having insurance when insurance companies like State Farm refuse to even timely begin the claims process when salvage and wreck removal responsibilities of their insured have been clearly established?

In addition, a tremendous amount of respect is owed to all those that chose to stick their neck out rendering assistance to the Nakoa yacht. I have seen how all too often marine salvage ends up being a thankless job in which one has to drop everything else at a moment’s notice while taking on massive liabilities doing work that is physically, mentally, and emotionally exhausting. There are ways to skillfully minimize the high risk of personal injury, death, or substantial environmental harm while conducting a marine salvage operation, but as things currently are all the substantial time and money, along with wear and tear on gear, oftentimes end up being put out in good faith only to have an owner and/or their insurance company refusing to appreciate, let alone pay for, services rendered in a timely manner. I genuinely hope all relevant facts can come out without the need for multiple years of litigation.

Having not been involved in either the Honolua Bay grounding or the subsequent salvage operations, I do not personally know all the critical facts to have firm opinion specific to that incident and I respectfully urge all the talkers and gawkers to read the following article before jumping to conclusions on any marine incident or salvage operation: https://www.thehumandiver.com/blog/joining-dots-is-easy-if-you-know-the-outcome

Lawyers can literally litigate for years over a single comma and there should be precision in the wording of any legal changes that may result from this incident. This tragedy was not the fault of any entire group, and I respectfully hope all stakeholders can work together to refine both current laws, enforcement, and other options to find genuine solutions with a minimum of unintended consequences. Sincerely, David Demarest, Manager Giraffe Maui Marine Salvage & Supply, LLC

Being a lifelong boatnik and Maui resident for 20+ years, I’ve been following this obsessively. Dude owns a 94’ 120 ton pleasure yacht and has LLC charter company. He was operating/having a family trip w 4 adults 4 kids aboard. They moored to buoy meant for 2 hour day use in a beloved Marine Conservation bay that is normally used for 50 catamarans taking tourists snorkeling and where world class surfing happens. Spent 2 nights illegally tied to the buoy (the sound of running water is his insurance co washing their hands of this hot mess) and awoke @ 5:45AM to find they were aground on the shoreline. Dude says he was in the engine room getting ready to return to Lahaina. I call BS! No one climbs out of their bunk and goes straight to the engine room. It’s coffee then topsides to check the conditions, mooring etc. I’m certain Dude was sleeping one off and didn’t even notice anything about the movement of the boat until he heard the sound of crunching coral reef and rocks against the aluminum hull. He also said that his line to the mooring buoy snapped. More BS! No one ties a luxury yacht with a dinghy painter. Dude! Time to bust out the Chapman’s and learn some seamanship, like how to properly belay a line to a cleat or tie a bowline or conduct anchor watch. Now he says he has no insurance for his yacht that he charters. Really? Who financed that? A Cartel? Probably bc insurance co immediately cancelled his policy. First news reports here in Hawaii showed bilge pumps working steadily. Next day a red puddle appeared around the hull . Dude said he sent a diver to survey the hull and they reported broken stabilizer fins. Likely source of hydraulic fluid draining into the bilge and pumped over the side, yeah? The salvage operation is challenging. I keep thinking about it. Damn we need an amphibious Travel Lift! The vessel Nakoa, formerly Lady L, formerly Fan Sea, built in 2004 by Sunseeker, draws 7 feet. I’d love to see a shot of her hauled out or the designer Don Shead’s plans of the layout below the waterline. It’s amazing the surf has been small for Honolua Bay this time of the year. The tides here don’t fluctuate that much. A tug tried to pull her off and the sound (on the video taken from ashore) of the hull grinding against the reef was sickening! They managed to move her 90 degrees and got bow pointing seaward but something in the tow line failed so they are off to Oahu for new HD gear. Meanwhile morning dawns and reveals that the swell has pushed the hull back to a side tie position against the shoreline. Did I mention that first thing USCG removed all hazardous fuels and batteries by air lifting with a helicopter? No power onboard to run a pump once they pull her free. I’m sure the salvage crew will have a generator and HD pump at the ready, and maybe a couple of stuffing box sized bungs too. Stay tuned…

The insurance company should be named and publicly shamed until they help with cleanup cost of bay, if they accepted his insurance payments. If his insurance was paid up, then why not pay. Bad publicity will cost the insurance company a lot more in the end.

Purely Factual Update: The docket report entry for on 9/13/2023 involving U.S. District Court District of Hawaii (Hawaii) Civil Docket For Case # 1:23−cv−00132−SOM−RT states, in part, “Pro Se Defendant Jim Jones (“Jones”) failed to call to participate in today’s conference.”

Defendant Mr. Raied Alfouadi’s new legal counsel in the case Demarest v. Alfouadi, Hawai’i District Court Case Number 1:22-cv-00064 has sent my legal counsel a letter also dated 9/13/2023 respectfully requesting, in part, that I “remove the online content discussed…” (which included a reference to my above post)

Personal Vantage Point and Opinion I am of the opinion it is inexcusable when insurance companies in Hawai’i (and elsewhere) obstinately refuse to pay environmental salvage and wreck removal expenses given the minimum vessel insurance requirements in Hawai’i require $500,000 of liability insurance, which is required to include salvage and wreck removals. I feel a strong moral duty to my fellow responsible boaters, and to the environment which suffers due to substantial delays in initiating a salvage operation being caused purely due to the otherwise extremely high uncertainty of skilled salvors being paid without extensive litigation, if at all, for services already rendered even though timing is a central element to success.

In the interest of protecting myself from being sued over my above post’s mixture of true facts and strongly held personal opinions of public importance, I feel it is important to clearly and publicly differentiate statements of fact from statements of my personal opinion. To further clarify this distinction: Paragraph 12 of Document 36 of a prior lawsuit (Alfouadi vs Wong, US District Court of Hawai’i Case Number 1:12-cv-00057-ACK-RLP) alleged as an operative fact, “As the two vessels came back into contact with each other, Mr. Alfouadi’s right leg was caught in between.” In the preceding statement, I am only stating as fact that the preceding operative fact had been alleged by Mr. Raied Alfouadi. Whether or not I think it would have been vastly preferable use a fender, as opposed to Mr. Alfouadi’s foot, between the two vessels (and that being on the water requires “common sense,” constant situational awareness, and personal responsibility…) feels like a fact to me but from a legal standpoint should be more properly considered as purely my personal opinion.

Lastly, in relation to my comment about the potential legal issues of a single comma if laws are to be updated following the Nakoa incident, that ironically gets even more confusing to me since my above statement was both of objective fact ( https://www.bbc.com/worklife/article/20180723-the-commas-that-cost-companies-millions ) and of personal opinion.

Crossing my fingers there isn’t legal retaliation for speaking my own truth and opinions but our boating community really needs to socially encourage responsible boating and fair claims handling by insurance companies; if I have made any genuine factual errors in either the above post or in this present post I truly do welcome any and all constructive criticism (and the opportunity to learn from any errors I may make, in which case I will gladly publicly state both appreciation for my opportunity to learn and that I stand corrected…).

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Luxury yacht runs aground in Maui, pumps diesel into water

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HONOLULU — A luxury yacht that ran aground in waters off the Hawaiian island of Maui accidentally pumped diesel fuel into the ocean after a failed attempt to remove it Tuesday, its owner said.

Jim Jones told the Honolulu Star-Advertiser that seawater entered the engine room of the 94-foot (29-meter) yacht, which made the ship’s bilges pump out diesel fuel. He said “not a lot” got in the water and the pumps have been turned off.

“Once we found out the fuel was coming out, we turned it over to the Coast Guard,” Jones said.

The Coast Guard brought in the salvage company Sea Engineering to remove the fuel and vessel, the company’s president, Andrew Rocheleau, said.

Jones expects the fuel will be drained Thursday morning and that the boat will be removed Friday or by the weekend “at the latest.”

The yacht ran aground Monday morning in Honolua Bay after its mooring line snapped.

The vessel is stuck on the rocks near where surfers paddle out to surf. It’s about 700 feet (200 meters) out­side the state’s Honolua-­Mokuleia Bay Marine Life Conservation District.

The Nakoa is one of two luxury yachts owned by Noelani Yacht Charters. It has four bedrooms, five bathrooms and a full kitchen. Charter packages start at $9,801, according to the company’s website.

Pretty irresponsible all the way around for the owner

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Salvage Operations Planned For Pair Of Vessels Aground Off Maui

A former Navy vessel released an oily sheen into the water while a passenger ferry apparently missed channel markers and ended up stuck.

The Hawaii Department of Land and Natural Resources, the U.S. Coast Guard and salvage contractors have been responding to two large vessels that were grounded on Maui as of Thursday afternoon.

The 85-foot former Navy torpedo boat Chaparral is resting on Sugar Beach in North Kihei while the Expeditions Lanai ferry grounded outside the Maalaea Small Boat Harbor, according to a DLNR news release.

In the case of the Navy vessel, the grounding happened on Jan. 9. No one was onboard at the time but the vessel sustained a breach to its hull and released an oil sheen into the water, the Coast Guard said in a separate release.

The Coast Guard told the vessel owner to take action to remove pollutants but the “owner was unable to do so,” the federal agency said.

A contractor hired by the Coast Guard cut holes in the boat’s decking to reach the hull so that over 6,800 gallons of oily waste, 14 55-gallon drums of soiled sorbents, batteries and other hazardous materials could be recovered, according to the agencies.

After the pollutants were removed, the Coast Guard transferred control of the vessel to the state.

“During this process, more holes may have occurred, so we’re not sure about the state of the hull at the moment,” said Ed Underwood, administrator of the state Division of Boating and Ocean Recreation.

The division is seeking bids from salvage companies to complete the job which will likely entail cutting the vessel up on the beach next to a condo building and hauling the parts away. Officials considered having the Chaparral towed to Oahu but ruled that option out for fear the damaged boat might break apart en route.

The Chaparral’s owner has apparently left so the salvage costs will be borne by the state’s boating special fund , financed with fees and charges that boaters pay.

The registered owner the vessel is Justin Moore of Battleship LLC, said Dan Dennison, DLNR spokesman.

The Maui-Lanai ferry grounded on Monday morning, according to DLNR.

The captain “apparently missed the channel markers,” the news release said.

“Right now it’s physically sitting just on a reef, but we’re not quite sure whether it’s coral or rubble,” said Maghan Statts, assistant administrator of the Division of Boating and Outdoor Recreation. 

The state is having a biologist, when the weather dies down, go out to assess the area just to make sure that it’s not sitting on coral.

The boat’s owner has already hired a contractor from Oahu and, weather permitting, a salvage operation is expected to happen Saturday morning. 

Civil Beat’s coverage of Maui County is supported in part by a grant from the Nuestro Futuro Foundation.

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