Report Title:

Stony Coral and Live Rock; Administrative Penalties

 

Description:

Increases the maximum penalty for violations concerning damages or breakage to stony corals and live rock.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1135

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ADMINISTRATIVE PENALTIES FOR THE DAMAGING OR BREAKING OF 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) 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.

(d) For violations involving stony coral or live rock, a fine may be levied as follows:

(1) For the damaging of three or more square meters of stony coral or live rock, a fine of up to $2,500 per square meter of area impacted;

(2) For the breaking of three or more square meters of stony coral or live rock, a fine of up to $2,500 per square meter of area impacted;

(3) For the damaging of less than three square meters stony coral or live rock, a fine of up to $1,000 per square meter of area impacted; and

(4) For the breaking of less than three square meters stony coral or live rock, a fine of up to $1,000 per square meter of area impacted.

Further, this subsection shall not apply if the damage or breakage is caused by an act committed in an emergency and to avoid loss of life or serious bodily injury.

For the purposes of this subsection:

"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.

[(c)] (e) 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)] (f) In addition to subsection [(c),] (e), 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."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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By Request