Hawai‘i Environmental Court

Department of Land and Natural Resources Hawai‘i Administrative Rules Overview and Penalty Reference Table

Prepared for the Hawai‘i Environmental Court Symposium June 26, 2015 William S. Richardson School of Law

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Division of Aquatic Resources

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Chapter 28 Relating to prohibited activites Link: in Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, 2014/05/ch28.pdf Chapter 29 Relating to prohibited activities Link: in Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, Hawai‘i 2014/05/ch29.pdf Chapter 30 Relating to prohibited activities Link: in Mānele-Hulopo‘e Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, Lāna‘i 2014/05/ch30.pdf Chapter 31 Relating to prohibited activities H.R.S § 190-5 Link: in Molokini Shoal Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, Petty misdemeanor 2014/05/ch31.pdf Chapter 32 Relating to prohibited activities In addition to any other Link: in Honolua-Mokulē‘ia Bay penalties fine not less than: http://dlnr.hawaii.gov/dar/files/ Marine Life Conservation 2014/05/ch32.pdf District, Maui 1st offense: $250 Chapter 33 Relating to prohibited activities 2nd offense: $500 Link: in Lapakahi Marine Life 3rd or subsequent offense: http://dlnr.hawaii.gov/dar/files/ Conservation District, Hawai‘i $1,000 2014/05/ch33.pdf Chapter 34 Relating to prohibited activities Fines specified in this section Link: in Pupukea Marine Life shall not be suspended or http://dlnr.hawaii.gov/dar/files/ Conservation District, O‘ahu waived. 2014/05/ch34.pdf Chapter 35 Relating to prohibited activities *applies to any rule adopted Link: in Wailea Bay Marine Life under H.R.S. § 190-3 http://dlnr.hawaii.gov/dar/files/ Conservation District, Hawai‘i 2014/05/ch35.pdf Chapter 36 Relating to prohibited activities Link: in Waikīkī Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, O‘ahu 2014/05/ch36.pdf Chapter 37 Relating to prohibited activities Link: in Old Kona Airport Marine Life http://dlnr.hawaii.gov/dar/files/ Conservation District, Hawai‘i 2014/05/ch37.pdf Chapter 38 Relating to prohibited activities Link: in Wai‘ōpae Tidepools Marine

2 http://dlnr.hawaii.gov/dar/files/ Life Conservation District, 2014/05/ch38.pdf Hawai‘i Chapter 47 Relating to prohibited activities Link: in Hilo Bay, Wailoa River, and http://dlnr.hawaii.gov/dar/files/ Wailuku River, Hawai‘i 2014/05/ch47.pdf Chapter 48 Relating to prohibited activities Link: in Waikīkī-Diamond Head http://dlnr.hawaii.gov/dar/files/ Shoreline Fisheries Management 2014/05/ch48.pdf Area, O‘ahu Chapter 49 Relating to prohibited activities Link: in Hanamā‘ulu Bay and Ahukini http://dlnr.hawaii.gov/dar/files/ Recreation Pier, Kaua‘i 2014/05/ch49.pdf Chapter 49.5 Relating to prohibited activities Link: in Port Allen, Kaua‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch49.5.pdf Chapter 49.6 Relating to prohibited activities Link: in Nawiliwili Harbor, Kaua‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch49.6.pdf Chapter 50 Relating to prohibited activities Link: in and Waimea http://dlnr.hawaii.gov/dar/files/ Recreational Pier, Kaua‘i 2014/05/ch50.pdf H.R.S. § 188-70 Chapter 51 Relating to prohibited activities Link: in Kahului Harbor, Maui Petty misdemeanor http://dlnr.hawaii.gov/dar/files/ 2014/05/ch51.pdf In addition to any other Chapter 52 Relating to prohibited activities penalties fine not less than: Link: in Kailua Bay, Hawai‘i http://dlnr.hawaii.gov/dar/files/ 1st offense: $100 2014/05/ch52.pdf 2nd offense : $200 Chapter 53 Relating to prohibited activities 3rd or subsequent offense: Link: in Mānele Harbor, Lāna‘i $500 http://dlnr.hawaii.gov/dar/files/ 2014/05/ch53.pdf Fines specified in this section Chapter 54 Relating to prohibited activities shall not be suspended or Link: in Puakō Bay and Puakō Reef, waived. http://dlnr.hawaii.gov/dar/files/ Hawai‘i 2014/05/ch54.pdf *applies to any rule adopted Chapter 55 Relating to prohibited activities under H.R.S. Ch. 188 Link: in Kawaihae Harbor, Hawai‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch55.pdf

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Chapter 56 Relating to prohibited activities Link: in Kaunakakai Harbor, Moloka‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch56.pdf Chapter 57 Relating to prohibited activities Link: in , Hawai‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch57.pdf Chapter 58 Relating to prohibited activities Link: in Kona Coast, Hawai‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch58.pdf Chapter 60 Relating to prohibited activities Link: in Kīholo Bay, Hawai‘i http://dlnr.hawaii.gov/dar/files/ 2014/05/ch60.pdf Chapter 60.4 Relating to prohibited activities Link: in West Hawai‘i Regional http://dlnr.hawaii.gov/dar/files/ Fishery Management Area 2014/05/ch60.4.pdf Chapter 60.5 Relating to prohibited activities Link: in Northwestern Hawaiian http://dlnr.hawaii.gov/dar/files/ Islands Marine Refuge 2014/05/ch60.5.pdf Chapter 60.7 Relating to prohibited activities Link: in Kahekili Herbivore Fisheries http://dlnr.hawaii.gov/dar/files/ Management Area 2014/05/ch60.7.pdf Chapter 61 Relating to prohibited activities Link: in Nu‘uanu Freshwater Fishing http://dlnr.hawaii.gov/dar/files/ Refuge, O‘ahu 2014/05/ch61.pdf Chapter 62 Relating to prohibited activities Link: in Wahiawa Public Fishing Area, http://dlnr.hawaii.gov/dar/files/ O‘ahu 2014/05/ch62.pdf Chapter 63 Relating to prohibited activities Link: in Waiākea Public Fishing Area, http://dlnr.hawaii.gov/dar/files/ Hawai‘i 2014/05/ch63.pdf Chapter 64 Relating to prohibited activities Link: and fishing report requirements http://dlnr.hawaii.gov/dar/files/ in Kōke‘e Public Fishing Area, 2014/05/ch64.pdf Kaua‘i Chapter 65 Relating to prohibited activities Link: in Wailua Reservoir Public

4 http://dlnr.hawaii.gov/dar/files/ Fishing Area, Kaua‘i 2014/05/ch65.pdf Chapter 73 Fish aggregating device H.R.S. § 189-4 Link: prohibitions http://dlnr.hawaii.gov/dar/files/ Petty misdemeanor 2014/05/ch73.pdf In addition to any other penalties fine not less than:

1st offense: $250 2nd offense: $500 3rd or subsequent offense: Chapter 74 Relating to prohibitions and $1,000 Link: requirements for freshwater http://dlnr.hawaii.gov/dar/files/ game and commercial fishing Fines specified in this section 2014/05/ch74.pdf licenses shall not be suspended or waived.

*applies to any rule adopted under H.R.S. § 190-3

Chapter 75 H.R.S. § 187A-13 13-75-4 13-75-8 Petty misdemeanor 13-75-9 13-75-10 1st offense: $250 13-75-11 2nd offense: $500 13-75-12 3rd or subsequent offense: Relating to the regulation of 13-75-12.2 $1,000 possession and use of certain 13-75-12.4 fishing gear 13-75-13 Fines specified in this section 13-75-14 shall not be suspended or 13-75-15 waived.

Link: *applies to any rule adopted http://dlnr.hawaii.gov/dar/files/ under H.R.S. § 190-3 2014/05/ch75.pdf Chapter 75 H.R.S. § 188-70(b) 13-75-5 13-75-6 General prohibitions for Class C felony 13-75-7 possession and use of explosives, electrofishing In addition to any term of Link: devices, and poisonous imprisonment or other terms http://dlnr.hawaii.gov/dar/files/ substances relating to fishing and conditions of probation 2014/05/ch75.pdf fine not less than:

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$1,000

Mandatory minimum 30 day imprisonment for first offense. Repeat offenders sentenced pursuant to H.R.S. Ch. 706

Fines specified in this section shall not be suspended or waived. Chapter 76 H.R.S. § 187A-13 Link: Ballast water management http://dlnr.hawaii.gov/dar/files/ prohibitions Petty misdemeanor 2014/05/ch76.pdf 1st offense: $250 2nd offense: $500 3rd or subsequent offense: $1,000 Chapter 77

Link: Prohibitions relating aquarium Fines specified in this section http://dlnr.hawaii.gov/dar/files/ fishing on O‘ahu shall not be suspended or 2015/04/ch77.pdf waived.

*applies to any rule adopted under H.R.S. § 190-3 Chapter 83 H.R.S. § 188-70 Link: Prohibitions relating to shellfish http://dlnr.hawaii.gov/dar/files/ Petty misdemeanor 2014/05/ch83.pdf In addition to any other penalties fine not less than:

1st offense: $100 2nd offense : $200 Chapter 84 3rd or subsequent offense: Link: Prohibitions relating to samoan $500 http://dlnr.hawaii.gov/dar/files/ crab 2014/05/ch84.pdf Fines specified in this section shall not be suspended or waived.

*applies to any rule adopted under H.R.S. Ch. 188 Chapter 85 H.R.S. § 187A-13 Link: Prohibitions relating to Japanese

6 http://dlnr.hawaii.gov/dar/files/ littleneck clam (Tapes Petty misdemeanor 2014/05/ch85.pdf phippinarum) 1st offense: $250 2nd offense: $500 3rd or subsequent offense: $1,000

Fines specified in this section shall not be suspended or waived.

*applies to any rule adopted under H.R.S. § 190-3 Chapter 89 Prohibitions relating to spiny H.R.S. § 188-70 Link: lobster (ula) and slipper lobster http://dlnr.hawaii.gov/dar/files/ (ula pāpapa) Petty misdemeanor 2014/05/ch89.pdf Chapter 90 Prohibitions related to nehu In addition to any other Link: (Stolenphorus purpureus) penalties fine not less than: http://dlnr.hawaii.gov/dar/files/ 2014/05/ch90.pdf 1st offense: $100 Chapter 91 Prohibitions relating to pink, 2nd offense : $200 Link: gold, and black corals 3rd or subsequent offense: http://dlnr.hawaii.gov/dar/files/ $500 2014/05/ch91.pdf Chapter 92 Prohibitions relating to ‘opihi Fines specified in this section Link: shall not be suspended or http://dlnr.hawaii.gov/dar/files/ waived. 2014/05/ch92.pdf Chapter 93 Prohibitions and regulations *applies to any rule adopted Link: relating to limu under H.R.S. Ch. 188 http://dlnr.hawaii.gov/dar/files/ 2014/05/ch93.pdf Provides gear restrictions, bag H.R.S. § 187A-13 Chapter 94 limits, area restrictions, vessel Link: identification requirements, and Petty misdemeanor http://dlnr.hawaii.gov/dar/files/ season restrictions for bottom 2014/05/ch94.pdf fish management 1st offense: $250 2nd offense: $500 3rd or subsequent offense: Chapter 95 $1,000 Rules relating to the regulation Link: of taking and selling certain http://dlnr.hawaii.gov/dar/files/ Fines specified in this section marine resources 2014/05/ch95.pdf shall not be suspended or waived.

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*applies to any rule adopted under H.R.S. § 190-3 Chapter 95.1 H.R.S. § 188-70 Relating to regulations for Link: goatfish and uhu in Maui Island http://dlnr.hawaii.gov/dar/files/ Petty misdemeanor fisheries 2014/10/ch95-1.pdf Chapter 99 In addition to any other Link: Prohibitions relating to penalties fine not less than: http://dlnr.hawaii.gov/dar/files/ introduced freshwater fish 2014/05/ch99.pdf 1st offense: $100 2nd offense : $200 3rd or subsequent offense: $500 Chapter 100 Link: Prohibitions relating to “o‘opu Fines specified in this section http://dlnr.hawaii.gov/dar/files/ and hinahina shall not be suspended or 2014/05/ch100.pdf waived.

*applies to any rule adopted under H.R.S. Ch. 188

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Division of Boating and Ocean Recreation

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Chapter 230 Link: General provisions for state http://files.hawaii.gov/dlnr/dobo small boat harbors r/rules/amend/Amend-13- 230.pdf Chapter 231 Numerous regulations relating H.R.S. § 200-14 Link: to use of small boat harbors, http://files.hawaii.gov/dlnr/dobo boat operation, commercial (a) Fine not less than $50 or r/rules/compiled/HAR231- activities, and allocation of more than $1,000 for each rule Compiled.pdf berths and offshore mooring violation. sites Chapter 232 In addition environmental Link: Regulates sanitation, fire court may deprive of operation http://files.hawaii.gov/dlnr/dobo safety, and public conduct at or mooring any vessel in state r/rules/compiled/HAR232- small boat harbors waters for not more than thirty Compiled.pdf days. Chapter 233 Link: Regulates motor vehicle (b) Violation of rules http://files.hawaii.gov/dlnr/dobo operation and parking in small regulating vehicular parking or r/rules/compiled/HAR233- boat harbors traffic movement constitutes Compiled.pdf traffic infraction. Fine not Chapter 234 Provides regulations for small more than: Link: boat harbor use fees, mooring http://files.hawaii.gov/dlnr/dobo fees, and principal habitation 1st offense: $100 r/rules/compiled/HAR234- aboard vessel in small boat 2nd offense: $200 Compiled.pdf harbor or offshore mooring 3rd or subsequent offense: site fees $500 Chapter 235 Link: Regulations for offshore http://files.hawaii.gov/dlnr/dobo mooring areas r/rules/compiled/HAR235- Compiled.pdf Chapter 240 Link: General provisions relating to http://files.hawaii.gov/dlnr/dobo state boating rules r/rules/compiled/HAR240- Compiled.pdf Chapter 241 Relating to vessel numbering Link: requirements and violations http://files.hawaii.gov/dlnr/dobo relates to improper r/rules/compiled/HAR241- numbering, falsified Compiled.pdf identification, or stolen or

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mutilated registration stickers Chapter 242 Link: Relating to boating accident http://files.hawaii.gov/dlnr/dobo and established various duties r/rules/compiled/HAR242- upon such accident H.R.S. § 200-25 Compiled.pdf Chapter 243 Petty misdemeanor Link: Relating to required http://files.hawaii.gov/dlnr/dobo equipment for vessel Fine not less than $50 not more r/rules/compiled/HAR243- operation than $1,000, or not more than Compiled.pdf thirty days imprisonment, or Chapter 244 Regulations relating to vessel both. Link: operation and rules of the road http://files.hawaii.gov/dlnr/dobo including careless and Environmental court may r/rules/compiled/HAR244- reckless operation, speed deprive offender of the Compiled.pdf restrictions, restricted areas, privilege of operating any and intoxicating vessel, including but not Chapter 245 limited to any thrill craft or Relating to waterway marking Link: vessel engaged in parasailing system, including buoys and http://files.hawaii.gov/dlnr/dobo or water sledding, in the waters divers flag for vessel operator r/rules/compiled/HAR245- of the State for a period of not and ocean user safety Compiled.pdf more than thirty days. Chapter 250 Link: General provisions relating to http://files.hawaii.gov/dlnr/dobo state ocean waters, navigable r/rules/compiled/HAR250- streams, and beaches Compiled.pdf Chapter 251 Link: http://files.hawaii.gov/dlnr/dobo r/rules/compiled/HAR251- Regulations relating to Compiled.pdf commercial operation and ocean recreation in the waters Exhibit: of Waikiki and Kāʻanapali http://files.hawaii.gov/dlnr/dobo r/rules/draft/Draft-13-251- exhibits.pdf Chapter 252 Requirements relating to Link: accidents, accident reporting, http://files.hawaii.gov/dlnr/dobo and duty to render aid for r/rules/compiled/HAR252- vessel accidents Compiled.pdf Chapter 254 Regulations relating to Link: permitted and restricted http://files.hawaii.gov/dlnr/dobo activities in Makapu‘u ocean r/rules/compiled/HAR254- waters, Kailua Bay, Bennecke

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Compiled.pdf Beach ocean waters, and Point Panic ocean waters H.R.S. § 200-14

(a) Fine not less than $50 or more than $1,000 for each rule violation.

In addition environmental court may deprive of operation or mooring any vessel in state Chapter 255 waters for not more than thirty Link: Relating to prohibited days. http://files.hawaii.gov/dlnr/dobo activities on Waikiki Beach r/rules/compiled/HAR255- (b) Violation of rules Compiled.pdf regulating vehicular parking or traffic movement constitutes traffic infraction. Fine not more than:

1st offense: $100 2nd offense: $200 3rd or subsequent offense: $500 H.R.S. § 200-25

Petty misdemeanor

Fine not less than $50 not more than $1,000, or not more than thirty days imprisonment, or Chapter 256 Regulations regarding all both. Link: permitted and prohibited http://files.hawaii.gov/dlnr/dobo activities in all 10 state ocean Environmental court may r/rules/compiled/HAR256- recreation management areas deprive offender of the Compiled.pdf privilege of operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in the waters of the State for a period of not more than thirty days.

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Commission on Water Resource Management

Hawai‘i Administrative Rules Overview Title 13 Chapter 168: Water Use, Wells, and Stream Provides definition and certification of uses Diversion Works of surface and ground water. Also provides Link: requirements for the registration of well and http://files.hawaii.gov/dlnr/cwrm/regulations/13- stream diversion. Includes surface and 168.pdf ground water use reporting requirements and provisions for well and pump installation permitting. Chapter 169: Protection of Instream Uses of Establishes state program to protect, enhance, Water and reestablish, where practical, beneficial Link: instream uses of water, including the http://files.hawaii.gov/dlnr/cwrm/regulations/13- development and establishment of standards 169.pdf for instream flows and the creation of a permit system to regulate the alteration of stream channels. Chapter 170 Establishes Hawaii Water Plan for the Link: protection, conservation, and management of http://files.hawaii.gov/dlnr/cwrm/regulations/13- the waters of the state. Provides guidelines 170.pdf for plan development and review. Chapter 171 Provides for the designation and regulation of Link: hydrologic areas where water resources are http://files.hawaii.gov/dlnr/cwrm/regulations/13- being threatened by existing or proposed 171.pdf withdrawals or diversions of water, water quality problems, or serious disputes.

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Engineering Division

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Chapter 183 Establishes regulations and Link: restrictions for leasing of H.R.S. § 182-17 http://dlnreng.hawaii.gov/wp- geothermal resources on content/uploads/2013/03/CHAP state land and drilling of $500 for each offense 183.pdf geothermal resources H.R.S. § 179D-8

Administrative penalty not more than $25,000 per day of violation.

Criminal penalty:

Class C felony

Negligent violation or violation despite written notification to comply, of this Provides rules for inspection chapter or any rule, order, or Chapter 190.1 and regulation of design, condition adopted, issued, or Link: construction, operation, required under this chapter, or http://dlnreng.hawaii.gov/wp- maintenance, enlargement, knowingly obstructs, hinders, content/uploads/2013/03/HAR- alteration, repair, and or prevents the department's 190-1-Dam-Safety-Rules.pdf removal of dams, reservoirs, agents or employees from and appurtenant works. performing duties under this chapter.

1st conviction: not less than $2,500 not more than $25,000 per day of violation, imprisonment, or both.

2nd or subsequent conviction: not less than $5,000 not more than $50,000 per day of violation, imprisonment, or both.

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Division of Forestry and Wildlife

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Establishes the Alakai Chapter 3 Wilderness Preserve and H.R.S. § 183-4 Link: provides regulations relating http://files.hawaii.gov/dlnr/dofaw to the prohibition of certain Fine not more than $500 /rules/Chap3.pdf activities in the preserve H.R.S. § 183-18

Provides regulation of and Misdemeanor prohibits activities within in Chapter 104 state forest reserves. Includes Fine not more than $2,000, or Link: provisions for preservation of not more than one year http://files.hawaii.gov/dlnr/dofaw resources, fire use imprisonment, or both. /rules/Ch%20104_2005.pdf restrictions, animal restrictions, and camping In addition to any other permts. penalty, fine up to $2,000 for each tree illegally destroyed or harvested. Chapter 105 Provides regulations for and H.A.R. § 13-105-6 Link: prohibits entry and certain http://files.hawaii.gov/dlnr/dofaw activities in watershed area. Misdemeanor /rules/Chap105.pdf H.R.S. § 195D-9

Misdemeanor

1st offense: not less than $250 fine, or not more than one year imprisonment, or both. Chapter 107

Link: Provides regulations for the 2nd or subsequent offense in http://files.hawaii.gov/dlnr/dofaw conservation, protection, and five years: $500 fine, or not /rules/Chap107.pdf enhancement of native more than one year

endangered and threatened imprisonment, or both. Exhibit: plant species. http://files.hawaii.gov/dlnr/dofaw Criminal action shall not /rules/pubs/TEplant.html preclude State from pursuing civil legal action to recover administrative fines and costs.

H.R.S. § 195D-8

Provision allowing search and

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seizure by DLNR for violations of this chapter. H.R.S. § 171-31.6

Petty misdemeanor

1st offense: not less than $500, not more than thirty days imprisonment, or both. Chapter 121 Establishes prohibition of

Link: hunting on all public lands 2nd offense in five years: not http://files.hawaii.gov/dlnr/dofaw except as authorized by less than $1,000, not more /rules/Chap121a.pdf DLNR. than thirty days imprisonment, or both.

3rd or subsequent offense in five years: not less than $2,000, not more than thirty days imprisonment, or both. Chapter 122 H.R.S. § 183D-5 Provides regulations for game Link: bird hunting, field trails, and http://files.hawaii.gov/dlnr/dofaw Petty misdemeanor commercial shooting /rules/Ch122/HAR_Title13_Ch12 preserves. 2.pdf 1st conviction: not less than $100, not more than thirty days imprisonment, or both.

2nd conviction in five years: not less than $500, not more Chapter 123 than thirty days imprisonment, Link: or both and all firearms shall Provides regulations for game http://files.hawaii.gov/dlnr/dofaw be forfeited. mammal hunting. /rules/Ch123/HAR_Title13_Ch12 3.pdf 3rd or subsequent conviction in five years: not less than $1,000, not more than thirty days imprisonment, or both and all firearms shall be forfeited. Chapter 124 Provides regulations for the H.A.R. § 13-124-8 Link: conservation, management, *applies to violations of http://dlnr.hawaii.gov/dofaw/files protection, and enhancement H.A.R. § 13-124-3 /2013/09/Chap124a.pdf of indigenous wildlife including indigenous Petty misdemeanor Exhibits: endangered and threatened http://dlnr.hawaii.gov/dofaw/files wildlife. Also manages 1st conviction: mandatory not

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/2013/09/Chap124a-Ex.pdf introduced wild birds. less than $100, not more than thirty days imprisonment, or both. 2nd conviction in five years: mandatory not less than $500, not more than thirty days imprisonment, or both, and all firearms used in the commission of such violations shall be forfeited.

3rd or subsequent conviction in five years: mandatory not less than $1,000, not more than thirty days imprisonment, or both, and all firearms used in the commission of such violations shall be forfeited.

H.A.R. § 13-124-13 *applies to violations of H.A.R. § 13-124-11

Misdemeanor

1st offense: not less than $250, not more than one year imprisonment, or both. 2nd or subsequent offense in five years: not less than $500, not more than one year imprisonment, or both. H.A.R. § 13-126-11 Provides regulations for the

management of wildlife Provides offense dependent Chapter 126 sanctuaries to conserve, penalty provisions. Link: manage, and protect http://files.hawaii.gov/dlnr/dofaw indigenous wildlife and See: /rules/Chap126.pdf habitat. Provides prohibitions H.R.S. § 183D-5 related to entry and activity in H.R.S. § 195D-8 wildlife sanctuaries. H.R.S. § 195D-9 Provides guidance and H.R.S. § 198D-13 Chapter 130 regulations for the Link: management and use of the Petty misdemeanor http://files.hawaii.gov/dlnr/dofaw Na Ala Hele trail and access /rules/Chap130.pdf system. 1st offense: not less than $100

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2nd offense: not less than $200 3rd or subsequent offense: not less $500

Fines specified in this section shall not be suspended or waived. H.R.S. § 195-8 Provides regulations of Chapter 209 activity within natural area Misdemeanor Link: reserves. Includes permitted http://files.hawaii.gov/dlnr/dofaw and prohibited activities in Not less than $1,000, not more /rules/SumaryHAR13.209.pdf natural area reserves. than one year imprisonment, or both, for each offense.

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Historic Preservation Division

Hawai‘i Administrative Rules Description Penalty Provision Title 13

H.A.R. § 13-275-14

Provides for denial or revocation of written concurrence or agreement Provides regulations for the from State Historic use and conservation of Chapter 275 Preservation Division. historic properties that apply Link: to state and county agencies http://files.hawaii.gov/dlnr/shpd funding or undertaking /rules/275.pdf projects that may impact historic properties.

Provides regulations and Chapter 276 standards for required H.R.S. § 6E-11 Link: archeological inventory http://files.hawaii.gov/dlnr/shpd surveys and reports for the Civil penalties /rules/276.pdf historic preservation review process. $10,000 for each separate Chapter 277 Provides requirements for violation. Each day of Link: preservation planning and violation constitutes separate http://files.hawaii.gov/dlnr/shpd standards for long term offense. /rules/277.pdf preservation measures. Establishes standards for Equipment used by violator archeological date recovery Chapter 278 subject to seizure. studies and protections for Link: quality of mitigation http://files.hawaii.gov/dlnr/shpd measures relating the /rules/278.pdf minimization of impact to historic properties. Provides standards for Chapter 279 archeological monitoring, Link: identification, mitigation, http://files.hawaii.gov/dlnr/shpd and post-mitigation measure /rules/279.pdf for project impacting historic properties and burial sites.

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Chapter 280 Provides procedural Link: requirements for the http://files.hawaii.gov/dlnr/shpd inadvertent discovery of /rules/280.pdf historic properties. Establishes standards of professional qualification for Chapter 281 archeologists, architects, Link: architectural historians, http://files.hawaii.gov/dlnr/shpd ethnographers, histories, and /rules/281.pdf physical anthropologists working on project requiring historic preservation review. Provides regulations for a Chapter 282 permitting process for any Link: archeological field work http://files.hawaii.gov/dlnr/shpd undertaken anywhere in the /rules/282.pdf state except federal lands. Chapter 283 Provides standards and Link: regulations for the analysis http://files.hawaii.gov/dlnr/shpd of human skeletal remains. /rules/283.pdf

Chapter 200 Provides regulations for the H.A.R. § 13-300-43(b) Link: procedure relating to proper In addition to fines under http://files.hawaii.gov/dlnr/shpd care and protection of burial H.R.S. § 6E-11 /rules/300.pdf sites in the State. Fine not more than $10,000 per separate offense.

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Kaho‘olawe Island Reserve Commission

Hawai‘i Administrative Rules Description Penalty Provision Title 13 H.R.S. § 6K-8 Provides regulations for

the management, Petty misdemeanor preservation, restoration, Chapter 261 and protection of the Link: Fine not more than $1,000, natural and cultural http://kahoolawe.hawaii.gov/rules/13- not more than thirty days resources the Kaho‘olawe 261_final.pdf imprisonment, or both per Island reserve and regulate each offense. Each day of activities within the violation constitutes reserve. separate offense.

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Land Division

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Provides regulations for land-use in conservation Chapter 5 H.R.S. § 183C-7 districts in order to conserve, Link: protect, and preserve http://dlnr.hawaii.gov/ld/files/20 Provides authority to levy important natural and 13/07/Ch13_5_20111123a1.pdf administrative penalties. cultural resources of the State. Chapter 183 Establishes regulations and Link: restrictions for leasing of H.R.S. § 182-17 http://dlnr.hawaii.gov/ld/files/20 geothermal resources on 13/07/CHAP1831.pdf state land and drilling of $500 for each offense geothermal resources H.R.S. § 179D-8

Administrative penalty not more than $25,000 per day of violation.

Criminal penalty:

Class C felony

Negligent violation or violation despite written Provides rules for inspection notification to comply, of this Chapter 190.1 and regulation of design, chapter or any rule, order, or Link: construction, operation, condition adopted, issued, or http://dlnr.hawaii.gov/ld/files/20 maintenance, enlargement, required under this chapter, or 13/07/HAR-190-1-Dam-Safety- alteration, repair, and knowingly obstructs, hinders, Rules1.pdf removal of dams, reservoirs, or prevents the department's and appurtenant works. agents or employees from performing duties under this chapter.

1st conviction: not less than $2,500 not more than $25,000 per day of violation, imprisonment, or both.

2nd or subsequent conviction: not less than $5,000 not more than $50,000 per day of

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violation, imprisonment, or both. Chapter 221 Link: http://dlnr.hawaii.gov/ld/files/20 Provides regulations H.A.R. § 13-221-3 13/07/Ch13-2211.pdf permitting and prohibiting

certain activities on Fine not more than $500 per Amendments: unencumbered public lands. day of violation. http://dlnr.hawaii.gov/ld/files/20 13/07/Ch13-221-3- 200211151.pdf Provide standardized Chapter 222 procedural regulations for Link: shoreline certifications to http://dlnr.hawaii.gov/ld/files/20 implement shoreline setback 13/07/Ch13-222-Amend- law. Applies to all real Compil-Stand-Rev1.pdf property within in the State that border the ocean.

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Office of Conservation and Coastal Lands

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Provides regulations for land-use in conservation Chapter 5 H.R.S. § 183C-7 districts in order to conserve, Link: protect, and preserve http://dlnr.hawaii.gov/occl/files/ Provides authority to levy important natural and 2013/08/13-5-2013.pdf administrative penalties. cultural resources of the State.

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Division of State Parks

Hawai‘i Administrative Rules Description Penalty Provision Title 13 Set forth the rights and privileges of individuals and Chapter 7 groups to engage in public H.A.R. § 13-7-8 Link: assembly and meetings and http://dlnr.hawaii.gov/dsp/files/ to sell or distribute literature Provides for administrative 2015/04/13-7.pdf on land and site under the penalties. jurisdiction, management, and operation of DLNR. Provides regulations for the H.R.S. § 184-5 management and protection Chapter 146 of state lands, and historical Petty misdemeanor Link: and natural resource in the http://dlnr.hawaii.gov/dsp/files/ state park system. Provides In addition to any other 2015/04/hsp_13-146_har.pdf prohibitions for certain penalties: public activities. 1st offense: not less than $100 2nd offense: not less than $200 3rd or subsequent offense: not less than $500

Violation relating to parking or traffic movements Provides regulations for the constitutes traffic infraction. Chapter 146 Subchapter 5 grounds of ‘Iolani Palace Link: restricting certain activities 1st offense: not less more http://dlnr.hawaii.gov/dsp/files/ in addition to the rest of $100 2015/04/hsp_13-146-51.pdf H.A.R. Title 13 Ch. 146. 2nd offense: not less more $200 3rd or subsequent offense: not more than $500

H.R.S. § 199-7 Search and seizure allowed for relevant violations

Establishes a park Chapter 147 acquisition trust fund where H.A.R. § 13-147-15 Link: private contributions are Chairperson of DLNR may http://dlnr.hawaii.gov/dsp/files/ accumulated to expend to bring court action to enforce 2015/04/13-147.pdf acquire private lands for new this chapter.c or expanded state parks.

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