General administrative penalties
HRS §187A-12.5
in effect187A-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) A fine in addition to the fine under
subsection (b) 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 as follows:
(1) For a first violation, up to $5,000 or the retail
market value of the specimen, whichever is higher;
(2) For a second violation, up to $10,000 or the
retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent violation, up to $15,000
or the retail market value of the specimen, whichever is higher.
(e) A fine in addition to the fine under
subsection (c) 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 as follows:
(1) For a first violation, up to $1,000 or the retail
market value of the specimen, whichever is higher;
(2) For a second violation, up to $2,000 or the
retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent violation, up to $3,000
or the retail market value of the specimen, whichever is higher.
(f) 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.
[L 1998, c 243, §1; am L 2022, c
35, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0187A/HRS_0187A-0012_0005.htmFetched: 11/10/2026