[183-5] General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative may:

(1) Set, charge, and collect administrative fines;

(2) Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and

(3) Collect administrative fees and costs pursuant to paragraph (2),

resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

(b) The administrative fines for violation of this chapter shall be as follows:

(1) For a first violation, or any violation not preceded within a five-year period by a violation of this chapter, a fine of not more than $2,500 per violation;

(2) For a second violation within five years of a previous violation of this chapter, a fine of not more than $5,000 per violation; and

(3) For a third or subsequent violation within five years of the last violation of this chapter, a fine of not more than $10,000 per violation.

(c) In addition:

(1) A fine of up to $10,000 per violation of section 183-17 may be levied for each destroyed or harvested koa tree, or portion thereof, larger than six inches in diameter at ground level; and

(2) A fine of up to $2,000 per violation of section 183-17 may be levied for each destroyed or harvested tree or plant, other than koa, or portion thereof, larger than six inches in diameter at ground level.

(d) Any criminal prosecution for any violation of this chapter 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.

(e) No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article xii, section 7 of the Hawaii state constitution.

(f) The department shall submit an annual report outlining the revenues generated by the penalties to the legislature at least twenty days before the convening of each regular session. [L 2006, c 174, 1]

 

 

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