Charges of unauthorized commercial activity against Robert Toogood of Kaneohe have been dropped.
Toogood, the former owner of Toogood Kayaks Hawaii, was fired in January after a group of kayakers he led ran into trouble off Makapu'u, resulting in Ocean Safety intervention. State authorities were named.
Hawaii's Department of Land and Natural Resources sent Bureau of Conservation Resources Enforcement officials to investigate and charged him with operating a business without a permit. But Toogood insisted he was only leading a club outing and did not violate any state rules.
He was scheduled to appear in Kaneohe District Court on Thursday.
The state attorney general's office announced it was moving to dismiss the charges due to insufficient evidence.
Toogood said he expected to be fired, but wasn't surprised when his lawyer notified him of his termination.
“I knew we weren't doing anything illegal,” he told the Honolulu Star-Advertiser. “We've been doing club paddles like this for about 20 years and we've never had a problem and it's never been mentioned before.”
Hua Iki Paddling Club participates in monthly tours organized through the Meetup platform.
Toogood said what happened that Saturday morning was unexpectedly strong winds during a tour of about 25 participants that was scheduled to start at Makai Research Pier and end at Hawaii Kai. .
He decided to turn back halfway, but one of the rowers had tipped over and the others were struggling. He said some groups decided to disembark at Makapu'u Beach, where lifeguards assisted them, while others returned to Makai Research Pier.
DLNR said Conservation and Resource Enforcement Officers were called to the scene as rescue efforts progressed.
State officials said DOCARE cited Twogood based on its investigation, which led to a belief that probable cause existed and suggested a violation had occurred. One participant said he was asked to pay a $50 fee in cash, according to a DLNR news release at the time.
Twogood says club members are required to pay $50 a year for liability insurance coverage.
In 2021, BLNR fined Toogood Kayaks $25,000 for at least five incidents of operating commercially in Kailua waters without the required permits. DLNR said Toogood was prohibited from obtaining any new commercial permits for at least two years.
Toogood said he has since sold the business and is now retired.
He said the club is planning a paddling trip from Makapu'u to Hawaii this weekend, if wave and weather conditions are right.
