Boater faces $10K fine in illegal lava tour

A Hawaii island boat owner faces a state fine of $10,000 as the Coast Guard has stepped up enforcement in response to an apparent increase in illegal charters drawn to the Kilauea Volcano lava gushing into the ocean.

Meanwhile, officials at Hawai‘i Volcanoes National Park said Monday that they continue to witness boats coming dangerously close to the lava and the surrounding unstable coastline.

The spectacular lava fire hose streaming into the ocean remains a powerful draw for tourists. While the closest viewing spot on land is about a quarter-mile away, a steady fleet of tour boats appears to be getting the best views.

One boater, Henry Pomroy, has been accused of operating a tour without the proper permits. Pomroy has requested a contested case hearing regarding the fine proposed by the state Division of Boating and Ocean Recreation.

The state Board of Land and Natural Resources deferred the matter Friday in response to a verbal request for a hearing from Pomroy’s attorney, Steven Strauss, who denied any wrongdoing by his client.

According to a report by state boating Administrator Ed Underwood, Pomroy engaged in illegal commercial activities at the Pohoiki Boat Launching Remap on at least two occasions.

Pomroy has not been issued a commercial use permit to conduct business at any small boat harbor, Underwood said.

Investigators said two passengers admitted to paying $150 each to view the lava flow from Pomroy’s boat Oct. 27, and four more paid $175 each Jan. 8, according to the report.

In addition, Pomroy does not have a valid Coast Guard-issued merchant mariner’s license as required by federal regulations to operate a vessel carrying passengers for hire, the report said.

Coast Guard Lt. Scott Carr acknowledged Monday that a boater last week was ordered to cease operating his unlicensed passenger vessel or face civil penalties of up to $40,000 for each violation. He did not identify the boater.

The Coast Guard announced two weeks ago that it was ramping up enforcement in the wake of reports of an increasing number of illegal charters.

Carr said the Coast Guard has no authority to limit how close boats can get to shore, but it can try to ensure that only licensed mariners are operating in the area.

As for tourists, it’s important that they check that their tour operators are properly licensed and capable of getting them to the viewing area and back safely, he said.

Last month Hawai‘i Volcanoes National Park Superintendent Cindy Orlando sent a letter to tour boat companies urging them to operate safely. She told them her staff had documented unsafe activities in the water near the lava entry.

Danielle Foster, National Park Service environmental protection specialist, said Monday that boats continue to approach dangerously close to shore.

The bench, or the coastal area where the lava meets the ocean, is one of the most dangerous areas of the park, she said. It has collapsed into the ocean before, Foster said, and it will probably do so again, causing explosions and creating dangerous flying debris.