KAILUA-KONA — The Board of Land and Natural Resources on Friday dismissed a proposed $10,000 fine against Sean “Peaman” Pagett, whom the department said was in violation of state rules for races he hosted in Kailua Bay.
The board’s determination came with assurance from Pagett’s attorney, former Mayor Billy Kenoi, that Pagett will apply for permits from the Division of Boating and Ocean Recreation —including required insurance coverage — for future events, according to a Department of Land and Natural Resources press release.
“Our shared goal is safety for all,” said DOBOR administrator Ed Underwood. “Kona is known for its land and ocean fitness events, which draw hundreds of participants of all ages. We know they are popular and we support this activity. However, any event which places people onto land or in ocean areas where there is potential conflict with vehicles or vessels needs to be responsibly coordinated with appropriate agencies to be sure no one gets hurt or worse.”
Neither Peaman nor Kenoi returned a request for a comment on the hearing’s outcome.
The board’s decision comes more than nine months after the department’s enforcement arm cited Pagett on Christmas Day last year for hosting his annual Christmas Day biathlon.
The race was one of many put on by Peaman’s Frozen Pea Productions. The free events have been going on for three decades.
But the state — specifically the Division of Boating and Ocean Recreation — has said the events need proper permitting and insurance, citing an administrative rule regarding the authorization for staging a regatta, marine parade, boat race or exhibition.
“Permits help DOBOR, the U.S. Coast Guard and ocean safety agencies to keep track of people and boats in the water, prevent potential conflicts and hazards to life and indemnify the state if there should be an accident,” Underwood said in Friday’s release. “Unless there are consequences for violating state statutes and administrative rules, people do not have an incentive to abide by our rules and directions which are necessary for public safety.”
An attorney who has represented Pagett in the past contended that the swimming competitions aren’t covered by that rule, previously saying it’s a boating rule the department was attempting to apply to Pagett’s swimming event.
Prosecutors agreed and in March moved to dismiss the citation with prejudice, meaning he couldn’t be charged again in court for the same offense.
A deputy prosecutor said at the time that Pagett was in compliance with insurance and that the charge didn’t apply.
But the judge’s dismissal of the case didn’t rule out an administrative action by the department. Unlike citations that go before a judge, administrative actions are heard by the Board of Land and Natural Resources.
Pagett sued in court arguing DOBOR lacked the authority to to pass the rule in question, but a circuit court judge dismissed it on the grounds that he didn’t have jurisdiction to hear the issue. The judge also didn’t rule on the question of whether DOBOR had the authority to adopt the rule.
Underwood’s submittal to the board asked them to determine that the rule was applicable to Pagett’s events, that he had committed two violations — referring to the Christmas biathlon and another event in November — and sought an administrative fine of $5,000 for each of the two events for a total of $10,000.
The board on Friday dismissed the fine but voted to confirm DOBOR’s rules authorize the boating division to require and issue permits for marine events including swim races.
