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Lawsuit over grounded yacht seeks $2 million in damages

Plaintiffs claim owner failed to follow their purchase agreement, rules of honolua bay.

The luxury yacht Nakoa is seen grounded at Honolua Bay on Feb. 24. The people who sold the yacht to Noelani Yacht Charters and Jim Jones are now suing for damages after the yacht spent nearly two weeks grounded on the reef before it was towed out to sea and eventually scuttled. The Maui News / MATTHEW THAYER photo

The trust that sold the 94-foot luxury yacht to Noelani Yacht Charters and owner Jim Jones is seeking more than $2 million in damages after the boat ran aground during a family sail along the West Maui coast and had to be towed from the reef and scuttled at sea.

Kevin and Kimberly Albert, trustees of the Albert Revocable Trust in New Mexico, say that Jones and the company purchased the yacht for $1.45 million in December and used the commercial vessel “in a grossly negligent manner” for a personal trip without seeking the approval of the trust, according to a lawsuit filed Monday in federal court against Jones, the company and the captain.

The Alberts are seeking at least $1.45 million for the loss of the yacht, which was supposed to be paid off over the course of 15 years, as well as at least $500,000 for the salvage work and at least $500,000 for environmental damages.

Jones and his wife, along with four juvenile family members or friends, a captain, first mate and a crew member, began their trip Feb. 17 when the yacht, Nakoa, was moored at Lahaina Roads, according to the lawsuit. They traveled along the coast to places like Black Rock, Kapalua Bay and Honolua Bay before mooring overnight on Feb. 18 and 19 in Honolua Bay, where mooring is limited to two and a half hours per vessel per day and overnight mooring is prohibited.

The lawsuit says neither the captain nor Jones took the standard precaution of setting a manned mooring or anchor watch but instead relied solely on a digital anchor alarm.

The website of Noelani Yacht Charters, which once offered luxury yacht packages, reports that the company is no longer in business. This screenshot was taken Tuesday. Screenshot of Noelani Yacht Charters website

At about 5:20 a.m. on Feb. 20, Jones heard a notification from the anchor alarm around the same time as the captain noticed that the Nakoa was adrift. They started up the engines and tried to maneuver the boat but ultimately ran aground.

Efforts to salvage the yacht took nearly two weeks as federal and state officials worked to remove fuel, batteries and other hazardous materials. Hampered by poor weather and failed rigging, private contractors managed to free the yacht after multiple tries and towed it out to sea, where it sank in about 800 feet of water on March 5, according to the state Department of Land and Natural Resources.

DLNR has reported the salvage cost alone was $460,000 and planned to bill Jones. The department is also mulling fines after discovering that the yacht damaged corals and live rock across more than 19,000 square feet.

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

The trust is alleging that Jones and Noelani Yacht Charters breached the purchase agreement from December that outlined operations, crew requirements and restricted uses, and held the buyer responsible for any risk of loss or damage.

The trust raised complaints about Jones and the company “failing to notify the Trust about personal use of the Vessel, failing to obtain permission to use the Vessel for personal use, substituting an unapproved and unqualified captain to operate the Vessel and failing to adequately secure the financial interests of the yacht charter operations to adequately protect the interest of the Trust.”

According to the lawsuit, the captain of the Nakoa during the trip was licensed but was not the listed and approved captain on the yacht’ insurance policy.

Noelani Yacht Charters, which prior to the grounding had offered high-end luxury yacht vacation packages based out of Oahu, is no longer in business, according to its website.

Jones could not be immediately reached via email on Tuesday evening.

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

* Colleen Uechi can be reached at [email protected].

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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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Owner of grounded luxury yacht in a Maui bay will get $460,000 plus salvage bill

Jim Jones, owner of the 94-foot-luxury yacht “Nakoa” that grounded in Honolua Bay on Maui, will be getting one big bill from the state for the salvage costs.

The Hawaiʻi State Department of Land and Natural Resources said it has hired Visionary Marine of Honolulu to do the salvage operations. They had the cheapest bid, as well as the ability to start the operation the quickest.

“The state will bill the yacht’s owner for reimbursement of the $460,000 salvage cost, and for additional staff and administrative costs, and take legal action if necessary,” according to a press release from the Department of Land and Natural Resources.

It was an expensive mistake for not knowing the rules.

The yacht was just outside the the Honolua-Mokulē‘ia Bay Marine Life Conservation District. Although the area has day-use moorings with a time limit of two hours, Jones told media that he didn’t know the rules and stayed overnight with his family when one of the lines snapped and the boat hit the rocks.

On Saturday, work will continue to remove fuel, other pollutants and batteries.

The state Division of Conservation and Resources Enforcement, the U.S. Coast Guard and the Maui Police Department will maintain the closure of the Līpoa Point dirt road tomorrow for continued helicopter operations. The road is expected to reopen as soon as the defueling process is completed.

The Coast Guard federalized the vessel, meaning it has jurisdiction over the yacht which cannot be moved until all potentially dangerous materials on board are removed. As soon as the process to remove fuel, hazardous materials and batteries is complete, the Coast Guard will turn over control of the vessel to the state Department of Land and Natural Resources.

The state department will take control of the vessel because the yacht owner is unable to contract and pay for the removal of the vessel.

After completing its investigation, the Department of Land and Natural Resources may impose fines for any violations, and also will seek to work with the community to heal and restore the coral and bay and deter any recurrence. 

“The grounding at Honolua Bay and harm to the reef that it caused is felt deeply by those connected to the special area of Honolua,   Mokulē‘ia and Līpoa,” said DLNR Chairperson Dawn Chang. “DLNR’s duty is to conserve the natural and cultural resources of Hawaiʻi, so when the owner of a grounded vessel refuses to pay for removal, and the vessel poses a continued risk to natural and cultural resources, we must step up and contract for the removal ourselves. Our natural and cultural resources come first.” 

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Owner of grounded yacht responds to online backlash

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Courtesy of the state Department of Land and Natural Resources

The luxury yacht Nakoa sits on the reef near Honolua Bay on Maui after it ran aground on Monday.

HONOLUA BAY, Maui — A luxury yacht owner is responding to a wave of online criticism after his vessel grounded near a Maui marine sanctuary on Monday, potentially causing extensive environmental damage to the area.

On Feb. 20, Jim Jones, the owner of Noelani Yacht Charters, mistakenly landed his 94-foot yacht, named the Nakoa, at Honolua Bay in northwest Maui.

The incident has caused a stir online, with countless numbers of social media users expressing outrage over the “irreparable damage” to the reef and sea life.

“Well of course, the rich doing what they do best — polluting the earth,” wrote one person under a Hawai‘i News Now Instagram story on the yacht.

“How about banning touring companies, who can’t respect the Hawaiian culture and ecosystem?” wrote another commenter.

In a Feb. 22 phone interview with The Garden Island, Jones expressed disappointment over the “bad press” and “incorrect information” being circulated online.

“We’ve turned off all our social media,” he said. “It’s all negative. Me being a local Hawaiian, I expected more support,” adding that people have been putting his home address and pictures of his kids online.

“You’re complaining about it, come down and help us out,” he said of the critics. He noted that a handful of local people have been helpful in trying to free the yacht from the reef.

Jones explained that he was spending the day on the yacht with his family when its mooring line severed.

“We go there all the time, at least once a month,” he said, calling the incident a “freak accident” that happened while he and his family were under deck.

“It was at night and the wind was blowing, just happened to be blowing in that direction. It blew it right in there,” said Jones. “We didn’t have much time to react.”

According to a Feb. 21 press release from the state Department of Land and Natural Resources, it’s “likely to be another few days” before the yacht is freed.

“The yacht cannot be removed until all fuel, batteries and any other pollutants on board are removed,” the department said in the release, noting the process may involve a helicopter.

Additionally, Jones is responsible for providing “an acceptable salvage plan,” and will be responsible for all costs.

DLNR reported that “a sheen of diesel fuel was leaking from the boat’s hull and was visible in surrounding water.” The sheen is no longer visible, but the smell of fuel is still in the air, according to the release.

DLNR also said they completed an initial underwater assessment of the area and estimated that 30 coral and live rock have been damaged by the yacht. Divers will “need to return to do a more thorough assessment once the vessel is removed,” the department said.

“Based on those findings, the boat’s owner could face significant penalties as determined by the state Board of Land and Natural Resources.”

Jones emphasized that his company is “very environmentally conscious” and is committed to working with the community to remove the yacht and restore the reef area.

“We’re not running away from this. We’re not leaving this here and letting everybody deal with it,” he said.

“We’re gonna be here until the end and, hopefully, it’s all gonna work out.”

•••

Just like he was there “until the end” to finish the construction job he walked off of after taking all our money, leaving us with no roof, walls or interior living space?! Never coming back even after the DCCA required him to? Not the best track record to date….

“hopefully, It’s all gonna work out”… already too late! Shoulda drained the diesel on Monday when ran aground and taken all the batteries and toxic fluids off, why take 3 days????? diesel is forever for the ecosystem, look at valdez. we are all tired of toxic spills and apologies afterwards by rich people when they do forever damage. how bout dont moor overnight on a 2hr day use mooring… 2hrs in the daytime you would be awake and monitoring position. not sleeping and blaming it on the wind. shouldnt been there. maybe ever think that’s why the 2 hr day use is the rule for the mooring? its offshore a marine reserve, must stay vigilant. oh didnt’ know about the rule? should know if you are a “professional” yachter? ridiculous. guy should be in jail. no come back.

Maybe you people with your aloha spirits should get your butts down to the bay and help! Dont call him a HAOLE! He is hawaiian! Dont put pics of his kids and wife on social media and make threats to his family! This is the only state in the US where americans call other Americans names! Makes me sick. And to the guy who wrote that reply. Learn how to talk

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$117,000 fine issued against Trust for luxury yacht grounding at Honolua Bay in February

The state Board of Land and Natural Resources issued a $117,471.97 fine against the Albert Revocable Trust for stony coral and live rock damage caused by the grounding of the private luxury yacht Nakoa at Honolua Bay in northwest Maui earlier this year.

The fine included $400 for violations, more than $60,000 in assessed resource value, and more than $56,000 in administrative costs.

The board is still contemplating and is open to seeking penalties against the operator, Jim Jones and Noelani Yacht Charters, LLC, for damages done to cultural and natural resources.

“We will never be whole given the coral damages, but at least to the extent that the reimbursements for all the time that was spent by staff and at least based upon DAR staff’s estimates for the coral damage, this puts us in a much better position,” said Board Chair Dawn Chang during a meeting on Friday.

“Because DLNR normally does not go aggressively after vessel owners who ground their vessel and cause damage. But in this matter, because of the public outcry, and because of our own concerns that the vessel was so close to the Marine Life Conservation District, we felt compelled to take this necessary action,” said Chang.

Board member, Doreen Canto, of Maui moved to accept the settlement agreement recommendations regarding the Albert Revocable Trust and defer decisions that relate to the operator, Jim Jones and Noelani Yacht Charters, LLC. “We primarily want more community input, such as cultural impact from the Nakoa grounding incident,” said Canto.

An extra condition was also suggested that: state employees and contractors will not be brought into other claims by Albert’s in the US District Court. Randall Schmitt, the attorney for the Albert’s said he did not have any objection to state employees, but he did have an issue with including contractors, and wanted to discuss the matter with his client before agreeing to the condition.

The board agreed to accept staff amended recommendations to accept settlement agreement with Albert Trust and authorize chair and AGs to negotiate terms in the best interest in the state.

Board member Wesley “Kaiwi” Yoon said the board is still contemplating and is open to seeking any kind of fair and reasonable penalty against the operator for damages done to cultural and natural resources.

“I personally struggle with the fact that there is no abacus or calculus to even begin to quantify adverse effect to cultural resources might cost. I’m hopeful that with this board and this administration that we can soon take those steps to contemplate that… sometimes the cultural resource evaluation is a whole new territory. The good news is that I think we are all open and willing and wanting to really take a look at that going forward, so we can have a more cohesive kind of response to unfortunate circumstances like this,” said Yoon.

Board Chair Chang acknowledged the pain of seeing the vessel where it didn’t belong saying, “I don’t think the board in any way intends to diminish the anger, pain, [or] frustration by this community.”

She pointed towards Yoon’s earlier comments regarding damage just outside of a marine life conservation district saying, “our cultural and natural resources don’t see the boundaries of what’s inside and what’s out.”

Chang said the action against Jones and the Nakoa was in line with the serious damage caused. “They should not be able to operate any commercial activities on our ocean waters. He has not demonstrated that kind of trust. This is not over… but again, this action by the board is intended to try to be made whole, and recognize the pangs and the hurts by the community; but also trying to find a way to move forward and hold the responsible parties accountable,” said Chair Chang.

“For some, it may not be enough, but I will tell you that for the purposes of DLNR, this was all hands on deck, DOCARE was out there for 2-3 weeks, the salvage crew was trying to figure out how to do this. Having this cooperation with the Trust is very helpful, because we have already spent a lot of time on this, and I’d like us to move on to a lot of the other good work of the department,” said Dawn Chang, Chairperson.

Timeline (Feb. 20 – March 5, 2023):

The grounding occurred on Feb. 20, 2023, just outside of the Honolua-Mokulēʻia Bay Marine Life Conservation District.

According to submittals outlining the incident, the vessel had moored overnight inside Honolua Bay. Under the terms of the  Nakoa ’s insurance policy, the  Nakoa  was only to be captained by a listed and approved captain, not the one at the helm when the vessel grounded.

The  Nakoa ’s anchor alarm reportedly sounded, alerting the crew that the  Nakoa  had become adrift, but the  Nakoa  ultimately grounded upon the rocky coastline between Honolua Bay and Līpoa Point, according to state documents.

Over the course of the next two weeks, DLNR and the USCG took various steps to defuel the  Nakoa , remove its batteries, and remove the vessel from the coastline. Ultimately, the yacht was federalized with the USCG assuming responsibility for battery and fuel removal.

The timeline provided by the state detailed salvage efforts:

“On March 5, 2023, the salvage ship Kahi, operated by Visionary Marine LLC, and the tugboat Mary Catherine, operated by Sause Brothers Inc., (the salvage team) worked in tandem to move the Nakoa off the shoreline and into open water. The Nakoa quickly took on water due to a breach of the hull from the grounding incident, and the vessel began to list to one side while riding ‘bow high.’ The salvage team ultimately decided that the Nakoa was unsalvageable and made the decision to scuttle the vessel in approximately 800 feet of water off the coast of Honolua Bay, which is where it remains today.”

Following the vessel removal, the Maui DAR conducted a second site assessment on March 7, 2023, of the damage to natural resources caused by the grounding incident. This assessment focused on the impact to hard bottom habitat along the secondary grounding scar and along the salvage scar. 

The Maui DAR concluded that a total of 1,640.5 square meters of live rock was damaged and at least 119 living coral colonies were damaged or destroyed.

“We realize that for the Maui community, especially those who cherish Honolua Bay, this settlement may be disappointing and not enough.  However, under this tentative settlement with the Albert Trust, the State will receive almost $600,000 for the removal the vessel, coral damage, and administrative fines.  We will continue to aggressively pursue those who harm our cultural and natural resources,” said DLNR Chair Dawn Chang said in a news release issued on Saturday.

The salvage costs were covered by the owner’s boat insurance and exceeded $450,000.  

A damage assessment and justification of fees was included in the state’s assessment of the incident. The full report is available here .

*Additional information was added to the original post to include salvage costs and further settlement details.

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An image of a 94-foot luxury yacht found stuck in shallow waters early Monday morning at Maui's Honolua Bay has been circulating on social media and stirring up conflict among isle residents.

Yacht company in hot water after luxury boat beaches in popular Maui bay

'A'ali'i Dukelow

'A'ali'i is a reporter with KITV. He was born and raised on the island of Maui and graduated from the University of Southern California with a bachelor's degree in Journalism.

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• Feb 20, 2023
• Feb 20, 2023 Updated Jul 28, 2023

A local yacht company is in hot water this evening after one of its boats got stuck in a popular Maui surf spot.

MAUI COUNTY, Hawaii (KITV4) -- An image of a 94-foot luxury yacht found stuck in shallow waters early Monday morning at Maui's Honolua Bay has been circulating on social media and stirring up conflict among isle residents.

The "Nakoa," outfitted with two master suites, belongs to Noelani Yacht Charters. Company owner Jim Jones reported he and his family were staying on the boat overnight Sunday when a line attaching it to a moor broke, setting it loose. 

Not only is Honolua a popular surfing spot, it is also home to a marine life conservation district.

"It's a special place and it needs to be protected," visitor Chris McCollum said. "To just run a boat in there, a boat of that size especially, is just irresponsible."

Area Councilmember Tamara Paltin, who has been a part of the years-long effort to safeguard the bay from development, said "I can't believe this even happened. I don't know how it was allowed to happen."

Paltin pointed out the coral reef in Honolua has diminished over the past few decades and the fish population there has dwindled, highlighting the need to protect the area. 

Jones told KITV4 he and others involved in the clean-up have been waiting for the tide to rise so they can remove the roughly 100-ton vessel.

Many worry if the yacht is not yanked out in time, swells could crush it into the coral reefs.

"On the west side, we've seen shipwrecks stay for like 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," Paltin added.

Jones thanked the Maui Fire Department for helping to evacuate him and the other seven passengers aboard, including his children.

A local himself, Jones insisted he did not intend to cause any damage, calling Monday's mishap an "accident."

"It's a huge boat, you know. It hasn't been too windy over here and we're definitely aware of the force it has and where we anchor and where we don't anchor," Jones said. 

After assessing the surrounding waters himself, Jones reported he did not see any sheen indicating fuel contamination, adding there has not been any debris from the boat left in the water besides two stabilizers that were torn off the bottom of the vessel. 

Moving forward, Jones promised to roll out operational adjustments.

"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 added. "That's going to be something that we implement immediately to avoid this ever happening again."

According to the Department of Land and Natural Resources (DLNR), day-use moorings are limited to two hours. The department is still looking into the incident.

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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.

Copyright 2023 Hawaii News Now. All rights reserved.

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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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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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The Wrecked Luxury Yacht Caused ‘Significant Damage’ In Honolua Bay

DLNR says it will hold the owner responsible for the costs of the environmental toll.

The Hawaii Department of Land and Natural Resources’ initial investigation has found that t he luxury yacht that ran aground in Honolua Bay late last month caused “significant damage” to the marine habitat.  

Divers within the Division of Aquatic Resources documented that the 94-foot, 120-ton yacht that wrecked on Feb. 20 wreaked havoc on the corals and live rock covering at least 19,434 square feet, according to a DLNR news release Thursday.  

“We are looking for two things: the initial impact when the vessel grounded, and then the scars that occurred as the boat was dragged back off the flat reef surface into deeper water,” Russell Sparks, the aquatic biologist leading the assessment team, said in the release.

At least 19 coral colonies were damaged or destroyed when the vessel operated by Noelani Yacht Charters first ran aground, the preliminary assessment found. The vessel remained stuck on the rocky coastline in extremely shallow water for almost two weeks, until it was hauled away and sank on its way to Oahu on Sunday . 

Divers found that scars from the vessel stretched almost 250 feet into the deeper water. In that area, more than 100 coral colonies were affected, and damage to live rock covered nearly 2,099 square feet, according to the news release. 

DLNR is seeking to hold the yacht’s owner, Jim Jones, responsible for the costs to haul away the yacht and the environmental damage. In the release, the agency said it won’t hold the salvage company or tug company that pulled the boat off the reef responsible for any damage. 

The agency initially estimated that it would cost nearly $500,000 for the salvage costs alone. It plans to present a final report on the extent of the damage to the Board of Land and Natural Resources, along with recommended fines and penalties.

Civil Beat’s coverage of Maui County is supported in part by grants from the Nuestro Futuro Foundation and the Fred Baldwin Memorial Foundation.

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