Date: 202003
Local time of day: 1801-2400
Location: HCF.TRACON, HI
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class A HCF
ATC / advisory: TRACON HCF
Second aircraft: Military
Reporter organization: Government
Reporter function: Approach
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Confusion; Situational Awareness
Anomaly: ATC Issue All Types; Airspace Violation All Types; Conflict Airborne Conflict
Detector: Person Air Traffic Control
When detected: In-flight
Result: General None Reported / Taken
Contributing factors: Airspace Structure; Human Factors; Procedure
Primary problem: Procedure

Narrative: I was working Maui Approach and heard an argument between a Supervisor and Controller about a recurring situation regarding the Aircraft Y flight and Aircraft Z. Recently Aircraft Y flights have been departing HNL International to do military training in the southern warning areas without the areas being in use. This is a recent event. In the past whenever they attempted to do this HCF has contacted the Guard and resolved the unsafe practice almost immediately. For some reason this is not happening this time. The problem is they are doing acrobatics at 500 knots and climbing and descending 10;000 feet a minute in an area with commercial carriers. This incident happened in Sector 4's airspace but the fighters were flying back and forth between Sector 4 and Sector 2. I witnessed the fighters anywhere between 140 and 240. Again; no one was in contact with the fighters. The warning areas were not in use. The Sector 4 Controller finally had to turn Aircraft Y to avoid these 4 fighter jets. The problem is; if the fighters did continue toward Aircraft X there is nothing the Controller or Aircraft X could have done to avoid them. This unsafe situation was a distraction to the entire floor because everyone who knew it was happening would not look away until it was resolved. I don't know if it was a change in command at the National Guard or a change in management at the HCF; but whatever the case this unsafe practice has to stop. I can imagine a mid air or at the very least near miss with a commercial jet in that area. Aircraft X as well as Aircraft Z have flights that routinely pass through that area when the warning areas are not in use. Is this a matter of the NatGard and Aircraft Z refusing to coordinate properly or is it the Guard deciding they will do what they want because they can regardless of the danger to commercial aircraft? We have the warning areas for the specific purpose of military training. It is our duty to require commercial aircraft to remain clear of military training. The problem is if we don't know it is happening then we can't protect for it. The solution is simple. If the Guard wants to fly their Aircraft Ys in the warning area; then take the warning area. We will divert aircraft around it. I can't believe I even have to write this report.




Synopsis: HCF TRACON reported conflicts with military aircraft not following procedures and not using airspace as designed creating airborne conflicts with commercial airliners.