KANEOHE, Hawaii — On Friday, the state’s Board of Land and Natural Resources denied Janell Jenson, owner of Ohana Kayak Rentals, a contested case hearing, according to a news release.
On April 26, 2024, the board gave Jensen a $35,000 fine for seven violations related to renting kayaks without a permit. The board also prohibited her from obtaining any Division of Boating and Ocean Recreation use permits for 24 months.
Jensen operated her kayak rental business out of her home garage near Kaneohe Bay with a commercial use permit. 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. Additionally, Jensen was seen renting kayaks on Sundays and federal holidays, which is prohibited.
According to a Division of Boating and Ocean Recreation submittal to the board, “a proper request for a CCH must be made during the relevant board meeting and must be made to the board. The request must also be followed up with a written petition to the board within 10 days of the board meeting in question.” Jensen did not make a request during the April 26 meeting and instead submitted a written petition for days later.
During the April Board meeting, Jensen said she was “not very educated in these kind of proceedings.” After receiving a cease-and-desist letter in October, Jensen had 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 the April meeting, 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.