The waters off Kaanapali Beach are often busy — in the summer and fall, with snorkeling boat tours and dolphin watch excursions, and in the winter and spring, with whale watching trips. But these Hawaii tour operators are worried they may have to shut down following a court order issued in December.
Hawaii
Boat tours off a Hawaii beach may have to shut down
Commercial boat tours and watercraft off Kaanapali Beach may soon have to halt operations.
Christine Hitt/SFGATEAll commercial boats and watercraft need a commercial use permit from the Hawaii Department of Land and Natural Resources to do business off Kaanapali, but a Maui court ordered Dec. 4 that DLNR must also complete environmental assessments for these permits. Until those assessments are done, DLNR must halt issuing new permits and renewing existing ones for commercial operators in Kaanapali waters.
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Without permits, these businesses cannot operate. “This decision comes at a time when Maui is still recovering from the devastating wildfires in Lahaina,” Philippe Le Blanc, partner and chief operating operator of Sea Maui, said in a court statement. “Many families and businesses are struggling to rebuild, and this ruling adds another blow to a community already dealing with immense hardship.”
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Tour operators worry that temporarily stopping services could cause financial distress, resulting in layoffs, sales of vessels and the scaling back of operations — or even permanent closure.
“Shutting down our operation for another undetermined, extended period of time would be the deathblow of a company I built from the ground up into a business that can support my Maui family, my business partner’s Maui family, and the Maui families of our employees,” Thomas Brown, president of Auau Kai, said in a court statement. Brown launched Auau Kai, which does business as the Magic Merman Snorkel Charters, six years ago, he said in his statement.
In a statement, DLNR said that it “has every intention of following the recent court order,” but it is seeking a reconsideration. A new hearing is set for Jan. 17.
“DLNR is looking into a solution that addresses the environmental concerns of the plaintiffs and concerned community members, while recognizing the economic impact the court’s order has on Kaanapali permittees and those businesses that rely on these activities to support their families and employees, as they recover from the Lahaina wildfires,” the statement said.
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DLNR would not comment further because of ongoing litigation.
In response to DLNR’s request for reconsideration, Lance Collins, the attorney for the plaintiffs, told SFGATE, “Look, we’re not trying to get anybody’s job lost but we need compliance. I mean, this lawsuit’s been going on for almost a decade and it’s, like, you guys are breaking the law.”
The lawsuit was originally filed in 2017 by the West Maui Preservation Association, Na Papai Wawae Ulaula and West Maui resident Randal Draper. It accused DLNR of not following environmental review procedures, as required by state law. Collins won the case on appeal in April 2024.

On Kaanapali Beach, visitors line up to board a catamaran for an afternoon cruise.
Christine Hitt/SFGATEDraper, who has since died, frequently visited Kaanapali Beach and had concerns about the number of public parking spots being used by commercial businesses.
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Hotels have to provide public parking near the beach, which is typically a small number of stalls. But Draper saw that many of them were filled by employees, agents, contractors or customers of the tour operators.
“These permits should require them to identify where their customers and employees are going to park. And if you’re saying, ‘OK, well, some hotel is giving us spaces,’ then there needs to be a signed agreement and it needs to be clear where those spaces are,” Collins said. “Because the hotels can’t just say, ‘Well, you can park in our public space.’”
Other concerns include boats that are “discharging sewage and refuse in nearshore waters,” the complaint said, and safety concerns regarding how the boats interact with people on the beach.
Collins said the plaintiffs do not support a reconsideration of the decision. But he is proposing interim conditions, should it come to that, including identifying where customers and employees should park; marking the ocean with buoys so the public knows where boats are coming in and out; and putting signs on the beach to let people know where boats will come onto shore.
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“Papai has lots of members who are also fire survivors. Nobody wants them to lose their jobs. But these owners have to do the environmental review,” Collins said. “… It is possible for these people to do the appropriate environmental review and for people to continue having their jobs.”
Editor’s note: SFGATE recognizes the importance of diacritical marks in the Hawaiian language. We are unable to use them due to the limitations of our publishing platform.
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Hawaii
No. 3 Rainbow Warriors continue winning ways against No. 6 BYU | Honolulu Star-Advertiser
The third-ranked Hawaii men’s volleyball team had no problem recording its 11th sweep of the season, handling No. 6 BYU 25-18, 25-21, 25-16 tonight at Bankoh Arena at Stan Sheriff Center.
A crowd of 6,493 watched the Rainbow Warriors (14-1) roll right through the Cougars (13-4) for their 11th straight win.
Louis Sakanoko put down a match-high 15 kills and Adrien Roure added 11 kills in 18 attempts. Roure has hit .500 or better in three of his past four matches.
Junior Tread Rosenthal had a match-high 32 assists and guided Hawaii to a .446 hitting percentage.
UH hit .500 in the first set, marking the third time in two matches against BYU it hit .500 or better in a set.
Hawaii has won seven of the past eight meetings against the Cougars (13-4), whose only two losses prior to playing UH were in five sets.
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Hawaii has lost six sets all season, with five of those sets going to deuce.
UH returns to the home court next week for matches Wednesday and Friday against No. 7 Pepperdine.
Hawaii
Travelers Sue: Promises Were Broken. They Want Hawaiian Airlines Back.
Hawaiian Airlines’ passengers are back in federal court trying to stop something most people assumed was already finished. They are no longer arguing about whether they are allowed to sue. They are now asking a judge to intervene and preserve Hawaiian as a standalone airline before integration advances to a point this spring where it cannot realistically be reversed.
That approach is far more aggressive than what we covered in Can Travelers Really Undo Alaska’s Hawaiian Airlines Takeover?. The earlier round focused on whether passengers had standing and could amend their complaint. This court round focuses on whether harm is already occurring and whether the court should act immediately rather than later. The shift is moving from procedural survival to emergency relief, which makes this filing different for Hawaii travelers.
The post-merger record is now the focus.
When the $1.9 billion acquisition closed in September 2024, the narrative was straightforward. Hawaiian would gain financial stability. Alaska would impose what it described early as “discipline” across routes and costs. Travelers were told they would benefit from broader connectivity, stronger loyalty alignment, and long-term fleet investments that Hawaiian could no longer fund independently.
Eighteen months later, the plaintiffs argue that the outcome has not matched the pitch. They cite reduced nonstop options on some Hawaii mainland routes, redeye-heavy return schedules that many readers openly dislike, and loyalty program changes that longtime Hawaiian flyers say diminished redemption value. They frame these not as routine airline integration but as signs that competitive pressure has weakened in our island state, where airlift determines price and critical access for both visitors and residents.
What is different about this filing compared with earlier debates is that it relies on developments that have already occurred rather than on predictions about what might happen later.
The HA call sign has already been retired. Boston to Honolulu was cut before competitors signaled renewed service. Austin’s nonstop service ended. Multiple mainland departures shifted into overnight red-eyes. And next, the single reservation system transition is targeted for April 2026, a process already well underway.
Atmos replaced both Hawaiian Miles and Alaska’s legacy loyalty programs, and readers immediately reported higher award pricing, fewer cheap seats, no mileage upgrades, and confusion around status alignment and family accounts. Each of those events can be described as aspects of integration mechanics, but together they form the factual record that the plaintiffs are now asking a judge to examine in Yoshimoto v. Alaska Airlines.
The 40% capacity argument.
One of the more interesting claims tied to the court filing is that Alaska now controls more than 40% of Hawaii mainland U.S. capacity. That figure strikes at the core of the entire issue. That percentage does not automatically mean monopoly under antitrust law, but it does raise questions about concentration in a state that depends exclusively on air access for its only industry and its residents.
Hawaii is not a region where travelers have options. Every visitor, every neighbor island resident, and every business traveler depends on our limited air transportation. The plaintiffs contend that consolidation at that scale reduces competitive pressure and gives the dominant carrier far more leverage over pricing and scheduling decisions. Alaska says that competition remains robust from Delta, United, Southwest, and others, and that share shifts seasonally and by route.
Competitors reacted quickly.
While Alaska integrated Hawaiian’s network under its publicly stated discipline strategy, Delta announced its largest Hawaii winter schedule ever, beginning in December 2026. Delta’s Boston to Honolulu is slated to return, Minneapolis to Maui launches, and Detroit and JFK to Honolulu move to daily service. Atlanta also gains additional frequency. Widebodies are appearing where narrowbodies once operated, signaling Delta’s push into higher capacity and premium cabin layouts.
Those moves complicate the monopoly narrative. If Delta is expanding aggressively, one argument is that competition remains active and responsive. At the same time, Delta filling routes Alaska trimmed may reinforce the idea that structural changes created openings competitors believe are profitable, and that markets respond when gaps appear.
What changed since October.
In October, we examined whether the case would survive dismissal and whether passengers could refile. That moment felt more procedural than what’s afoot now. It did not alter flights, fares, or loyalty programs.
This filing is different because it is tied to post-merger developments and seeks emergency relief. The plaintiffs are asking the court to prevent further integration while the merits are evaluated, arguing that each added step toward full consolidation this spring makes reversal less feasible as systems merge, crew scheduling aligns, fleet plans shift, and branding converges.
Airline mergers are designed to become embedded quickly, and once those pieces are fully intertwined, unwinding them becomes exponentially more difficult, which is why the plaintiffs are pressing forward now rather than waiting any longer.
The DOT conditions and the defense.
When the purchase of Hawaiian closed, the Department of Transportation imposed conditions that run for six years. Those conditions addressed maintaining capacity on overlapping routes, preserving certain interline agreements, protecting aspects of loyalty commitments, and safeguarding interisland service levels.
Alaska will point to those commitments as evidence that consumer protections were built into the core approval. The plaintiffs, however, are essentially claiming that those conditions are either insufficient or that subsequent real-world changes undermine the spirit of what travelers were told would remain. That tension between formal commitments and actual experience is at the core of this dispute.
Hawaiian had not produced consistent profits for years.
That is the actual financial situation, without sentiment. Alaska did not spend $1.9 billion to preserve Hawaii nostalgia. It purchased aircraft, an international and trans-Pacific network reach, and a platform it thinks can return to profitability under tighter cost control.
What this means for travelers today.
Nothing about your Hawaiian Airlines ticket changes because of this filing. Flights remain scheduled. Atmos remains the reward program. Integration continues unless a judge intervenes.
However, Alaska now faces a renewed court challenge that points to concrete post-merger developments rather than speculative harm. That scrutiny alone can bring things to light and influence how aggressively future route decisions and loyalty adjustments occur.
Hawaiian Airlines’ travelers have been vocal since the start about pricing, redeyes, lost nonstops, and loyalty devaluation. Others have said very clearly that without Alaska, Hawaiian might not exist in any form at all. Both perspectives exist as background while a federal judge evaluates whether the integration should be impacted.
You tell us: Eighteen months after Alaska took over Hawaiian, are your Hawaii flights better or worse than before, and what changed first for you: price, schedule, routes, interisland flights, or loyalty programs?
Lead Photo Credit: © Beat of Hawaii at SALT At Our Kaka’ako in Honolulu.
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Lawsuit claims Hawaiian-Alaska Airlines merger creates monopoly on Hawaii flights
HONOLULU (HawaiiNewsNow) – An effort to break up the Hawaiian and Alaska Airlines merger is heading back to court.
Passengers have filed an appeal seeking a restraining order that would preserve Hawaiian as a standalone airline.
The federal government approved the deal in 2024 as long as Alaska maintained certain routes and improved customer service.
However, plaintiffs say the merger is monopolizing the market, and cite a drop in flight options and a rise in prices.
According to court documents filed this week, Alaska now operates more than 40% of Hawaii’s continental U.S. routes.
Hawaii News Now has reached out to Alaska Airlines and is awaiting a response.
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