State conservation officers cited a man on top of Diamond Head State Monument today for soliciting and selling certificates without a required state permit for commercial activities.

Christopher P. Barclay was observed asking for a $5 per certificate donation from people who reach the top of the rim at Diamond Head Crater. Barclay could face criminal or civil penalties that would be heard in court, according to a state Department of Land and Natural Resources news release, and respectively by the Board of Land and Natural Resources.

“We’ve heard from numerous people over the course of several years who have asked the state to shut this activity down,” said state parks administrator Curt Cottrell in the release. “We have very specific rules regarding who can conduct commercial activities in state parks and under what circumstances. Bottom line, any commercial activity does require a permit and Mr. Barclay has consistently refused to seek one.”

Only one vendor, to date, has been approved to sell logo items at Diamond Head, from a kiosk at the foot of the mountain.

DLNR alleges in its cease and desist order that Barclay was using the flat surface of one of the bunkers at the summit as a table for commercial activity, and that he collects cash while falsely claiming that the proceeds help keep the park clean and misleading hikers into believing he is a state parks employee,

The charges against Barclay are considered allegations until the court or BLNR issues a ruling in six to eight weeks. The potential citation amount would also be determined by the court and BLNR.