State parks officials are attempting to terminate a permit that allows a business to operate a coastal tour on Hawaii island after the death of a 15-year-old New York boy who was swept out to sea during a guided visit.
The state Board of Land and Natural Resources is scheduled Friday to look at park officials’ request to pull the revocable permit of Hawaii Pack and Paddle LLC. The board meeting starts at 9 a.m. at the Kalanimoku Building, 1131 Punchbowl St. in Honolulu.
It is the latest actionsince the death of Tyler Madoff, who was hiking with a group of teenagers near the Captain Cook monument in Kealakekua Bay on July 4. He stopped to rest at a tide pool, where large waves swept him and another teenager out to sea. The other teen was rescued, but Madoff’s body was never found.
Madoff’s family, from White Plains, N.Y., filed a lawsuit in Honolulu U.S. District Court against Hawaii Pack and Paddle on Aug. 21, claiming the tour guides negligently led the group into danger.
The state Parks Division alleges Hawaii Pack and Paddle conducted a kayak tour with one passenger above the allowed limit of 12, exceeded the permitted landing time of 2 1/2 hours and went outside authorized areas.
"Staff believes the three violations cited above constitute a material breach of the terms of the revocable permit and that the board is within its rights to authorize the termination of the revocable permit," state parks officials said in a report to the board.
Parks officials said the business also reported there were only four passengers — less than the number actually taking the tour, resulting in "under-payment" to the state Department of Land and Natural Resources.
Honolulu attorney Robert G. Frame, representing Hawaii Pack and Paddle, said he was retained Thursday and has asked state officials for an extension to prepare his client’s case.
Frame said Hawaii Pack and Paddle is continuing to operate, pending the outcome of the board’s decision.
Hawaii Pack and Paddle owner Bari Mims has said the company was permitted to operate in the area and that the guides went above and beyond their duties as far as saving lives.
The business conducts different packages of kayak and snorkel tours. According to its website, a day tour begins at Napoopoo Pier at 8:30 a.m., then clients paddle across the Kealakekua Bay Marine Life Sanctuary to hike and learn about Hawaiian culture at the Kealakekua Bay State Historical Park.
The day tour includes snorkeling over the reef in front of the Captain Cook monument before lunch. Capt. James Cook was killed at Kealakekua in 1779.
The business has been in operation since 1991 and first began under the name of Kayak Historical Discovery Tours before changing to Hawaii Pack and Paddle, its website said.
The business was sold in 2012 to the family of Mims.
The board approved revokable permits on May 26, 2006, to four businesses for landing and launching kayaks at Kaawaloa Flats at Kealakekua Bay State Historic Park, including the permit for Hawaii Pack and Paddle.
But the board may terminate the permit for any reason, upon written notice to the permittee at least 30 days in advance.
