2 accused of illegal lava tours on Big Island

Two Big Island men are facing hefty fines for allegedly running lava tours from Pohoiki boat ramp without a permit.

Both have requested a contested case hearing, which will be held Friday by the state Land Board.

The Department of Land and Natural Resources has recommended fines totaling $60,000 against Henry K. Pomroy and $20,000 against William A.G. Fujimoto, co-owners and managers of Ho‘okupu Fish Co. LLC, which operates the catamaran Ho‘okupu.

Pomroy is accused of six counts of engaging in business or commercial activity at a small boat harbor or other small boat facility without prior written approval or agreement, and another six counts of illegal commercial operation on state ocean waters without a commercial use permit from the department. The maximum fine on each count is $5,000.

Fujimoto is accused of two counts each of the same alleged offenses, which the department staff says took place between Aug. 6 and March 22.

The company itself also faces $60,000 in fines.

The department maintains the pair sold tours to the lava ocean entry at Kamokuna without a commercial permit. The men told enforcement officers the money they collected was for memberships in Ho‘okupu LLC, according to DLNR.

Their petition for a contested case hearing argues DLNR is unlawfully restricting commercial permits at Pohoiki to four, the Hawaii Tribune-Herald reported. They deny conducting unlawful commercial activity.

According to DLNR, the company received a cease-and-desist letter from the department in September and a Coast Guard order in February, but the tours continued.

The catamaran is registered as a recreational vessel, according to the department.

Steve Strauss, Ho‘okupu’s attorney, said the company applied for a commercial permit but was denied.

“The whole permitting scheme is flawed,” Strauss said. “Commercial permits can only be restricted when there are adverse impact on resources. None are shown in this case.”

Pomroy told officers he takes investors on fishing and sightseeing trips, according to DLNR.