SAN FRANCISCO (CN) – The 9th Circuit told Maui parasailing companies to close their chutes during humpback mating season. The circuit upheld Hawaii’s seasonal ban on parasailing and other boating activities off the coast of Maui from Dec. 15 to May 15 during humpback breeding season.
UFO Chuting of Hawaii and Kaanapali Tours won an injunction, claiming the ban was pre-empted by federal law. But a Congressional provision in the 2005 budget protected Hawaii’s right to regulate humpback waters, leading to a stay of the injunction before it went into effect.
The district court rejected UFO’s claims, and the circuit affirmed. The appeals court also concluded that Hawaii does not have to pay plaintiffs’ attorney fees, even though they won the injunction, because the companies ultimately lost. See ruling.