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FYI: (*Snipped - More at link)
An investigation conducted by DOCARE officers resulted in their arrest of Joel D. Scharer, Jr., age 24, of Hilo. The investigation revealed that Scharer was a tour guide who had led a tour into the closed natural area reserve. Scharer was transported to the Hilo Police Station for booking. He is being charged with the following: criminal trespass in the 2nd degree which is a petty misdemeanor, and reckless endangering in the 2nd degree, prohibited entry into a Natural area reserve and illegal commercial activities within the natural area reserve, all of which are misdemeanor offenses.
“The safety of the public remains our top priority,” said Carty S. Chang, Interim DLNR Chairperson. “Illegal commercial tours into areas closed by volcanic activity are dangerous to both the public as well as rescue responders. Violators will face citation or arrest,” Chang added.
To report suspected trespass or illegal commercial activity within the closed Kahaualea NAR as well as the closed Wao Kele O Puna Forest Reserve call DLNR Division of Conservation and Resources Enforcement (DOCARE) at 643-DLNR.
http://dlnr.hawaii.gov/
My nephews and one niece are first responders. These people really need to consider the danger they put themselves and others in. The cost per head they make off these tours should be part of the fine process (it is my understanding it is over $200USD per head). Everyone's entitled to make a living, however, putting other's lives at risk in the process is HEWA.
Poho.
JMO.
ETA: Typo.
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How many people have died from the volcanic activity?
I'm not sure where the danger of volcanic activity comes from but I doubt its anywhere near as dangerous as getting behind the wheel.
I hear about 'methane pockets' but has anyone ever heard of someone killed by one exploding?
Cliffs collapse and monster waves can wipe you off cliffs if fishing or walking about yet everyone is still afforded shoreline access?
I don't really understand why we can't see one of the more unique natural phenomena...
I'm not trying to argue with anyone, more curious if anyone has any insight into this matter other than "its not safe"
Nothing is 100% safe, I mean name one thing thats 100% safe...I bet you can't! Yet many things which are none to safe (like driving on 130, and being on a cliff next to the ocean) are routine.
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I'm sure it's all based on liability, but the "criminal trespass" charge is probably a clue as well.
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So that's the part I don't get Tom,
If the government doesn't find its liable for car wrecks on state/county rds/hwy or for people dying from acts of nature like cliff collapse / large waves why is it all of a sudden responsible if someone dies from lava or some lava related accident?
I guess it might come down to they are afraid of being sued - but how ridiculous is that? And why wouldn't they enforce equally ridiculous laws like no swimming or walking next to ocean cliffs. After all you might drown in a state park ... That actually happens but does anyone sue the state or county? No, because they aren't liable, so why would they be liable for this maybe someone could explain that, but I feel like there is no real answer. Hopefully I'm wrong.
I suppose I just find it arbitrary.
Of course they can't outlaw swimming but for me personally I'd liken enjoying the ocean to enjoying the volcano - I imagine many tourists would feel the same way.
For example: "In the months following the Mother’s Day Eruption of 2002, for example, visitation to the Eruption Site, where visitors can hike out to view lava spilling into the ocean, increased from an average of 650 visitors per day to between 2,000 and 6,000 per day." (from HAVO site)
Anyways thanks for the response.
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I understand what you are saying, Jim, I just think this is coming from lawyers with the added fact that there are private properties and land to consider. I don't want a nanny state at all (hell, I moved here from one), but I don't think this is simple. Access to the ocean is in our laws but access to lava flows isn't.
Beyond that, I don't think I can add anything, and these are just my opinions.
My two cents. Personally I grew up a lava junkie, been making trips out to see the lava since mid 80's. Taken at least a hundred folks out over the years, never charged a dime, only guaranteed a great time. Not sure how much the choppers are charging just to fly over and take a picture? Hotel rooms charge $200 minimum and they show you lava on T.V. Actually being able to walk up on to the real thing that glows Orange, be able to hear the rice crispy crawling,and methane explosion sounds, feed the fire a branch and have time to take a selfy, all for $200. that's a deal, sign me up.
These guides probably would not be able to charge so much if we had public access, or we had several tour groups who legally offered lava on foot.State and county should continue to drive the price up while restricting lava viewing, until they themselves can build lava viewing areas And control or charge accordingly. We have something as hot as 2,000 degrees within a mile from pahoa town for over 6 months now that we the(residents) are not allowed to see or visit, that's f----d up. I can't imagine how upset some tourists are heading home after spending thousands $$ on a trip to see "LAVA".
P.S. How can our county and dlnr really believe that geothermal drilling into the heart of an active volcano so close to residents on edge already is safe for everyone? Yet walking less than a mile to the lava flow on foot is a crime and very very dangerous? One should be allowed day and night nonstop, the other not at all or complete embarrassment and the book thrown their way. Would it help if lava guides paid 40% and royalties for access??
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rainyjim, and gypsy69, I hear you, good points (no, gypsy, with the 40% "royalty", not the issue here). However, this particular group is not always conducting "safe" tours for our visitors.
The manner in which business is conducted also counts. Going rogue for money is disappointing, and puts first responders at risk when they screw up (which has happened on more than one occasion).
Breaking the law while collecting money, (ie. going through private property without permission, etc.) is poor business practice. Maybe that is why they can't get a permit.
Do it right, or don't do it at all.
JMO.
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The issue is the area in which they were conducting "tours". It isn't anything like the National Park area where you parked on Chain of Craters Road and the park rangers pointed you in the direction of the lava.
This area is overgrown forest filled with deep (hidden) cracks and if you happen to fall in one....
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I brought up the national park to emphasize the desire of tourists that come to this island to see the 'lava'.
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It's very funny to see this topic juxtaposed with
How Can Puna grow, find ways to cater to tourism?
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