Penalty
HRS §195D-9
in effect195D-9. Penalty
(a) Any person who violates any of the provisions of this chapter or the provisions of any rule adopted pursuant to this chapter shall be guilty of:
(1) A misdemeanor for a first offense, punishable by
a fine of no less than $250 or by imprisonment of no more than one year, or
both; and
(2) A class C felony for a second or subsequent
offense and upon conviction shall be subject to one or any combination of the
following:
(A) A fine of no less than $1,000;
(B) Imprisonment of no more than two years;
or
(C) Rehabilitative community service.
(b) In addition to the above penalties, except
for violations under approved habitat conservation plans under section 195D-21
or approved safe harbor agreements under section 195D-22 as determined by the
board, a fine of $5,000 for each specimen of a threatened species and $10,000
for each specimen of an endangered species intentionally, knowingly, or
recklessly killed or removed from its original growing location, shall be
levied against the convicted person.
(c) The disposition of fines collected for
violations of the provisions concerning wildlife conservation shall be subject
to section 183D-10.5.
(d) Except as otherwise provided by law, the
board or its authorized representative by proper delegation may set, charge,
and collect administrative fines or bring legal action to recover
administrative fees and costs as documented by receipts or affidavit, including
attorneys' fees and costs, or bring legal action to recover administrative
fines, fees, and costs, including attorneys' fees and costs, or payment for
damages or for the cost to correct damages resulting from a violation of this
chapter or any rule adopted thereunder. The administrative fines shall be as
follows:
(1) For a first violation, a fine of no less than
$2,500 and no more than $5,000 or rehabilitative community service, or both;
(2) For a second violation, a fine of no less than
$5,000 and no more than $10,000 or rehabilitative community service, or both;
and
(3) For a third or subsequent violation, a fine of no
less than $10,000 and no more than $20,000 or rehabilitative community service,
or both.
(e) In addition, an administrative fine of up
to $10,000 or rehabilitative community service, or both, may be levied for each
specimen of wildlife or plant taken, killed, injured, or damaged in violation
of this chapter or any rule adopted thereunder.
(f) Any criminal action against a person for
any violation of this chapter or any rule adopted thereunder shall not be
deemed to preclude the State from pursuing civil legal action to recover
administrative fines and costs against that person. Any civil legal action
against a person to recover administrative fines and costs for any violation of
this chapter or any rule adopted thereunder shall not be deemed to preclude the
State from pursuing any criminal action against that person.
[L 1975, c 65, pt of
§1; am L 1983, c 111, §10; am L 1988, c 67, §3; am L 2001, c 93, §2; am L 2025,
c 98, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0195D/HRS_0195D-0009.htmFetched: 11/10/2026