The Board of Land and Natural Resources gave Janell Jensen, owner of Ohana Kayak Rentals, a $35,000 fine for seven separate violations related to renting kayaks without a permit.
Jensen operated her kayak rental business out of her home garage near Kaneohe Bay. The business is listed as being located at 47-183 Iuiu Street.
Under Hawaii law, kayaks can’t be rented within 1,000 feet of Kaneohe Bay’s shoreline. Jensen’s home business was within 1,000 feet of the shoreline, making her operation illegal, according to the Board’s ruling.
The law further stipulates on Sundays and federal holidays all commercial ocean use activities are prohibited at Kaneohe Bay. Jensen was seen renting kayaks on these prohibited days, according to testimony submitted by Leimana DaMate, who is the executive director of Hawaii State Aha Moku.
After DLNR Division of Boating and Ocean Recreation received complaints from Jensen’s neighbors about her business, they enlisted the Division of Conservation and Resources Enforcement to investigate the complaints.
DOCARE Officer Edward Thompson explained at Friday’s Board meeting that another officer went undercover to determine how Jensen was advertising her business. Jensen was informing customers that near her house was a public beach access for Kaneohe Bay.
On Oct. 16, 2023, DOBOR sent Jensen a cease-and-desist letter for operating her business without a permit. On Feb. 24, 2024, DOCARE cited Jensen for not having a permit. Despite this, Jensen continued to operate her business, according to Thompson.
During Friday’s Board meeting, Jensen said she was “not very educated in these kind of proceedings.” After she received the cease-and-desist letter in October, Jensen said she tried to contact DLNR for further explanation, which “was never provided.” Since she was doing business from her home and not in the water, she thought her business did not require a permit.
At Friday’s Board meeting, three people submitted oral testimony about Jensen’s business, complaining that it was disrupting the neighborhood and Kaneohe Bay.
“We have been getting complaints continuously from community people and native Hawaiians on the actions of this one business,” said DaMate, with Hawaii State Aha Moku, during her oral testimony. “Kaneohe is served by fourteen ahupua'a — ten of them are impacted by the kayaks. And by this I'm talking about Native Hawaiian fishing rights, gathering rights, from the different ahupua'a and the kayaks are continuously getting in the way of practices.”
For example, DaMate said in front of Heʻeia, people who want to fish cannot because kayaks are disrupting the area and even making it unsafe.
She also said Jensen directed customers to Ahu o Laka, also known as the sandar, on Sundays and federal holidays.
The Board voted unanimously to impose the maximum fines.
Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.