Report Title:

Administrative Penalties; Stony Coral and Live Rock Damage

 

Description:

Imposes administrative fines for intentional damage to stony coral and live rock based on a flat rate of $10,000 per square meter or the value of the damaged area based on an accepted economic valuation method.  Effective 7/1/2050. (SD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3176

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ADMINISTRATIVE PENALTIES FOR DAMAGE TO STONY CORAL AND LIVE ROCK.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 187A-12.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§187A-12.5[]]  General administrative penalties.  (a)  Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of subtitle 5 of title 12 or any rule adopted thereunder.

     (b)  For violations involving threatened or endangered species, the administrative fines shall be as follows:

     (1)  For a first violation, a fine of not more than $5,000;

     (2)  For a second violation within five years of a previous violation, a fine of not more than $10,000; and

     (3)  For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.

     (c)  For all other violations, the administrative fines shall be as follows:

     (1)  For a first violation, a fine of not more than $1,000;

     (2)  For a second violation within five years of a previous violation, a fine of not more than $2,000; and

     (3)  For a third or subsequent violation within five years of the last violation, a fine of not more than $3,000.

     (d)  In addition to subsection (b), a fine of up to $5,000 may be levied for each specimen of threatened or endangered aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder.

     (e)  In addition to subsection (c), a fine may be levied for damaging or breaking stony coral or live rock in an amount equal to the greater of:

     (1)  Up to $10,000 per square meter of area damaged; or

     (2)  The value of the particular area damaged, determined by using an accepted economic valuation method.

This subsection shall apply only for an act that is intentional or in total disregard of damaging or breaking stony coral or live rock in an area of not less than       square feet.  This subsection shall not apply if the damage is caused by an act committed in an emergency situation where life and limb are threatened.

     [(e)] (f)  In addition to subsection (c), a fine of up to $1,000 may be levied for each specimen of all other aquatic life taken, killed, or injured in violation of subtitle 5 of title 12 or any rule adopted thereunder.

     [(f)] (g)  Any criminal penalty for any violation of subtitle 5 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs.

     (h)  For the purposes of this section:

     "Accepted economic valuation method" means a valuation approach to estimating the value of a reef within a total economic framework, including considering such indicia as direct and indirect uses, option values, bequest values, and existence values.

     "Breaking" means hitting or applying sufficient force to reduce to smaller pieces or to crack without actually separating into pieces.

     "Damaging" means causing extensive injury resulting in irreparable harm or death.

     "Live rock" means any rock or coral to which marine life is visibly attached.

     "Stony coral" means any of a variety of invertebrate species belonging to the order Scleractinia characterized by having a hard, calcareous skeleton that are native to the Hawaiian Islands."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.