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    Make a comment Print the news: Kanalu K38 starts off legal proceedings against HawaiiPrinter friendly Send to a friend
    Kanalu K38 starts off legal proceedings against Hawaii
     
    Tom Pohaku Stone : photo David Pu'u




    Water Safety

    PWC certification facing changes - Hawaii

    Surfersvillage Global Surf News, 29 August, 2008 : - - Aloha kakou a pau ko'u mau hoa aloha, Today KANALU K38 have begun legal proceedings against the State of Hawaii, Department of Land and Natural Resources, Division of Boating and Ocean Recreation. As you recall myself (Tom Pohaku Stone) and Darrick Doerner were issued citations for venture beyond the 2 mile limit set by the State and for enter and anchoring in Kaunakakai Harbor.
    In court we are challenging these rules/regs on the grounds that it is discriminatory and it restricts my freedom to travel by ocean where I desire as long as I have followed boating rules/regs as mandated by the USCG.

    Our new legal representative is Hayden Aluli, one of the best criminal lawyers in Hawaii who usually represents us a Native Hawaiians. Hayden is always up for a challenge against regulations that discriminate and he offered his services without compensation but he did ask if he could go through our ocean safety training - we are then willing to extend that aloha to him.

    On another front we will filing a lawsuit against DOBOR (State boating) for unfair practices and prejudice in the review process of our course material that is the best Hawaii has. What has been offered since 2003 and modified often has only created a greater problem for us here in the Hawaiian Islands and I believe in many other places throughout the world.

    Primary to set up to make money in an indirect manner the Hawaii tow-surfing course has put people on the water who have no true knowledge of the ocean or the craft they operate. In the K38 way, as instructors we are responsible for those who we training and certify, therefore the most important part of our training is visual acknowledgement that the person we certify meets the minimal standards set by national and international boating standards and their ability to safely operate a PWC.

    We did not want to become embroiled with this training entity but we have been forced in this direction. Thus we have no choice but to begin to question the authenticity of their Tow surfing instructional material, instructional methodology, and individual instructional knowledge regarding the use of a PWC. Where did these individuals acquire their instructor certification and by what governing institution has sanctioned these instructors?

    K38 and Kanalu K38 as well as the entire K38 'ohana must maintain the training standards all of you have agreed to no matter what. If we are going to make changes it is as a family. If we are in a sense validating people across the world then we are held accountable.

    We are leaders in this field, and we can only maintain that if we are willing stand up and take responsibility for not only our actions but those whom we have educated.

    So, we stand in the middle of the ocean prepared to bring the correct changes to effectually create a safe ocean environment for everyone whom plays in the sea that surrounds our islands. Laws are good but let's make sure they are fair.

    A hui hou, Pohaku

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