The boater involved in a fatal accident off Lanikai Beach last month is scheduled to appear in Kaneohe District Court on Feb. 16 for operating a powerboat without proof of having completed a boater safety course, according to court documents.

State conservation and resource enforcement officers issued the citation to Sai Hansen of Kailua on Thursday with an alleged date of violation as Jan. 9, the same day a 59-year-old diver died from injuries suffered after being run over by a powerboat.

The citation was filed in court Thursday.

Sri Shim, an avid waterman, was killed when he and his 25-year-old stepson, Trey Albrecht, were run over by a boat while free-diving off Lanikai Beach.

The Honolulu Medical Examiner’s Office says Shim died from blunt force and propeller injuries. Shim and Albrecht were spearfishing when a boat ran over them. Albrecht, 25, sustained cuts that severed tendons in his left arm.

Police said Friday the case remains classified as an unattended death.

The state Department of Land and Natural Resources announced it had issued a citation and reported the District Court appearance in a news release Friday afternoon, then later sent an email to the media that it was “withdrawing” the news release on the advice of the state attorney general’s office.

State administrative boating rules require any person who operates a power-driven vessel to possess a certificate of completion of a safety course approved by the DLNR that contains a component on Hawaii waters. Anyone who is stopped by a law enforcement officer is required to present the certificate.

Violations are punishable by up to 30 days in jail, a $1,000 fine and suspension of boating privileges.

No one has been charged with any criminal offenses for causing Shim’s death or injuring Albrecht.