LIHU'E, Kaua'i — An expected confrontation over a new generation of commercial boating at the mouth of the Hanalei River failed to materialize yesterday morning, but all the parties were there and ready for it.

About 30 sign-carrying protesters, along with police, state conservation enforcement agents and Kaua'i Planning Department inspectors showed up for the announced reopening of Michael Sheehan's commercial boatyard on the bank of the river.

Sheehan, who talked with protesters shortly after 7 a.m., said the tide was too low to launch a large commercial tour boat. He also said he would be in discussions with government officials and legal consultants on the issues surrounding the boatyard. He said he could not predict when commercial tours might begin running from his boatyard.

Barbara Robeson of Wainiha said she believes Sheehan's 1987 Special Management Area permit to run commercial boats from his boatyard has expired for lack of use. The boatyard has been closed for several years.

Sheehan disagrees and argues that the permit remains valid until it is specifically canceled.

"Nobody else has ever had one taken away. ... These permits are good until a court cancels them," Sheehan said.

Sheehan says his permit allows any Coast Guard-licensed tour operator to take paying passengers from his boatyard to the ocean. Mayor Bryan Baptiste said last week that his reading of the permit is that only two nonmotorized kayak tour companies are authorized to use the boatyard.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.