WAILUKU, Maui (13 June 2007) -- A tour boat operator who damaged coral in a Maui nature reserve while illegally taking snorkeling customers there two years ago has agreed to pay the state a $7,300 fine. The operator, Peter Wood, according to a state report on the incident, admitted his actions were "a stupid bonehead maneuver." The penalty is the first-ever administrative fine the state has imposed on anyone for violating state rules protecting stony corals. Wood, Crystal Seahorse Ltd.'s part-owner and boat captain, was at the helm of a boat taking a dozen customers on a special snorkeling tour when he dropped anchor in Maui's Ahihi-Kinau Natural Area Reserve in August 2005. The anchor and chain broke off at least 11 lobe and cauliflower coral heads and chipped and fractured other coral along a 34-yard stretch of ocean floor. Motorized boats and commercial activities are banned in the nature reserve. The 2,000-acre area on Maui's southern coastline contains pristine reef ecosystems as well as numerous geological and archaeological features. Wood, an experienced boat captain who normally conducts tours in Kaanapali, later admitted to Department of Land and Natural Resources officials that he made a mistake in entering the reserve, a department report said. Wood's attorney, Dennis Niles, said the reserve waters are not marked and that Wood "inadvertently" steered close to shore to avoid windy offshore conditions. In January 2006, Wood pleaded no contest in Maui District Court to prohibited anchoring and bringing a motorized vessel into the reserve, and was ordered to pay $260. But department officials were not satisfied with the outcome of the court case. They initiated an administrative case against Wood and Crystal Seahorse that proposed a $13,750 penalty for illegally conducting a commercial operation within Ahihi-Kinau and operating a motorized water vehicle and anchoring in the reserve. They also wanted to impose a fine for damaging stony corals. Niles said there was a legal question about whether the administrative case was allowable in addition to the earlier court case. But he said Wood decided to settle the matter instead of paying the cost of contesting the violations and pursuing a possible appeal. | | Peter Wood, captain and part owner of the commercial tour boat Shangrila, was fined for illegally entering Ahihi-Kinau Natural Area Reserve under power and dropping anchor, which severely damaged corals. Officials are considering closing the reserve to the public to protect it from human impact generated primarily by the tourism industry. As part of the settlement, the violation against the company for conducting commercial activity within the reserve was dropped. Bill Evanson, the department's Maui District natural area manager, said the agency is seeking a permit to install buoys notifying ocean users of the restricted area. The state declared Ahihi-Kinau and nearby Keoneoio off-limits to all commercial operations in 2004 after kayak tours overwhelmed the reserve, disturbing spinner dolphins and creating other problems on and off shore. Two rangers were hired that year to patrol, and a third was added two months ago. Even so, officials are struggling to protect Ahihi-Kinau. Some 700 people visit daily, driven there by tourist guidebooks that regularly mention it as a must-see area. Its proximity to South Maui resorts also makes it a draw. The Maui reserve is being "loved to death" by visitors who flock there to snorkel, hike and kayak, Evanson said. SCUBA FORUMDISCUSS THIS TOPIC - Dive in and have your say at Scuba Forum |
