Hawaii tour group scrutinized after teen swept into Pacific by huge wave

Hawaii Pack and Paddle owner and lead guide Bari Mims is seen in a photo from his company's website. / Hawaii Pack and Paddle

(AP) HONOLULU - The tour company that took a group of teenagers on a hike where a New York teen was swept out to sea didn't have a permit to be in the tide pool area where the incident happened, Hawaii officials said Monday.

Hawaii Pack and Paddle has a permit from the state Department of Land and Natural Resources to take kayaks to a specific spot in the bay and hike along a designated trail. But department spokeswoman Deborah Ward said the tide pool area falls outside the area covered by the permit.

Tyler Madoff, 15, of White Plains, N.Y., was on a kayaking expedition on the west coast of the Big Island last week with a tour group. They were hiking near the Captain Cook monument at Kealakekua Bay when they stopped to rest at a tide pool, authorities said. That's when large waves washed away Madoff and another 15-year-old boy.

The other teen, from Miami, Fla., was eventually rescued and is recovering in a Honolulu hospital.

Madoff was with a group of 11 other 14- and 15-year-olds, along with two contracted guides from Hawaii Pack & Paddle and two Bold Earth Teen Adventures team leaders, said Abbott Wallis, founder of Colorado-based Bold Earth, which organizes teen adventure tours on six continents.

Ward said the department would decide whether to take action against the company after investigating.

Bari Mims, Hawaii Pack and Paddle owner, said his company is permitted to operate in the area. He also said all of his guides are certified and qualified.

"They went well and above their duties as far as saving lives. That's what it comes down to -saving people's lives. They saved 11 out of 12 lives," Mims said.

Michael Madoff told the Associated Press on Monday he and his wife, Marianne, are back home in White Plains to be with their two other children. "We just need to be with our family," he said.

Over the weekend, Madoff's parents criticized the Bold Earth Teen Adventures guides. West Hawaii Today reporting the parents said the guides showed "poor judgment" and no staff members stayed behind to search for their son.

Abbott Wallis

/ Bold Earth

It's not true that the guides didn't stay behind to help with the search, said Wallis.

"It's just a freak accident that occurred in a split second and everyone did what they could," he said, adding that he understands the pain Tyler's parents are suffering.

He said the group beached its kayaks to visit a nearby waterfall Wednesday afternoon. They were sitting on rocks above sea level and away from the edge. "Our field personnel said the waves were totally unexpected," Wallis said. "I can't convey my shock and sorrow."

The U.S. Coast Guard suspended its search Thursday but the Hawaii County Fire Department continued, with help from residents.

At Sunday's press conference at the Sheraton Keauhou Bay Resort & Spa, Michael Madoff thanked those who searched.

"Your kindness and compassion and tireless efforts will always be remembered. You are good people — the salt of the earth," he said. "All of the locals who kayaked and walked the shoreline searching for our son, we thank you."

Fire Battalion Chief Reuben Chun said the search will end at sundown Monday if there are no signs of Tyler.

"We're giving it our best," Chun said. "It's hit or miss," he said, explaining that Tyler could have gone very far very quickly after being swept away into the vast ocean. "It's big and deep. We recover some and lose a lot," he said. "Surf conditions at that time were extraordinarily rough. It's just an unfortunate case."

Kealakekua Bay is where the British explorer Captain James Cook, the first European to visit Hawaii, died in a skirmish with native Hawaiians in 1779. A monument marks the place where he was killed.

[dpridoncle]

Director of Hawaii DLNR interviewed, says the permit requirement restricting groups is because the area is sacred ground, NOT because it is inherently dangerous. See yourself on UTube.

How quickly this episode shifted to finger pointing, photo ops, and the inevitable money-grab.

[babyboomer1001]

It was not a freak accident. Why do you think this area was excluded from the areas covered in the permit? Because the area was dangerous. It was risky and reckless of the tour company to take the group there, especially considering they never should have been there in the first place. This is a wrongful death lawsuit that will be won, likely worth in the millions. I hope the lawyers shut them down and take everything they own. This was avoidable.

[alphonso48]

Look at the permit application site - they were allowed to land at two sites, the rest of the area is under environmental protection. The permit is not a safety related permit. However, the guide could see the building up of surf and you could argue the group was not far enough from the water based on those conditions.

[dpridoncle]

See interview of Director of DNLR for why permits are required- NOT due to inherent danger. The area is considered sacred ground, not to be trampled by tourists.
At what point do we decide people doing stupid things, ignoring clearly visible danger (i.e. big waves) assume a risk for themselves? I share in the sense of tragedy, but not at the cost of blaming the local tour guides who later risked their lives by jumping into the water to try to find and save Madoff.

[MichaelinAtlanta]

Anytime I see a comment with terms such as "democraps" or "republitards" I just move on because I know there will be nothing insightful to read. This is fourth grade playground banter at best.

Obama had no more to do with this tragedy than Josef Stalin, so get over it.

[katieo14]

it doesn't come down to saving lives..."They went well and above their duties as far as saving lives. That's what it comes down to -saving people's lives. They saved 11 out of 12 lives," Mims said. Mims is missing the point...it comes down to supervising and never endangering people so you don't put your charges in harms way or compromise their safety so you don't have to try to save some lives but not all !!

[JDMVAMONOS]

no permit? what has that got to do with it? here in hawaii more people live in tents and parked cars and vans. no permit also. these people will find out that in hawaii you do not have to have a "permit" to do anything. only the people who obey the laws of this state are the ones frustrated buy the goverments lack of doing any thing.what a tragic loss, but believe me you do not need a permit here for any thing. start with the building codes, they are never enforced, never. no permits are needed to live or die here. what a shame. 6 years ago i lost my boat to large waves, i was very blessed, i escaped alive.believe me when i say the oceans power does not need a permit also.

[JDMVAMONOS]

no permit? what has that got to do with it? here in hawaii more people live in tents and parked cars and vans. no permit also. these people will find out that in hawaii you do not have to have a "permit" to do anything. only the people who obey the laws of this state are the ones frustrated buy the goverments lack of doing any thing.what a tragic loss, but believe me you do not need a permit here for any thing. start with the building codes, they are never enforced, never. no permits are needed to live or die here. what a shame. 6 years ago i lost my boat to large waves, i was very blessed, i escaped alive.believe me when i say the oceans power does not need a permit also.

[smittyc]

Bold Earth were guides. They are supposed to be experts on the terrain and are hired to avoid the danger spots. Pretty obvious they took this group to a very dangerous location and put the whole party at risk. They are liable here, they led this young man who trusted them to his death. Now they are defending there lack of expertise by calling it a freak accident.

[FreddySanford]

That's the end of that company. Let the lawsuits fly. Nice while it lasted

[knewsteerrrrr]

Guess he didn't pray hard enough that morning!