General penalties
HRS §183-5
in effect183-5. General 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 no
more than $2,500 per violation;
(2) For a second violation within five years of a
previous violation of this chapter, a fine of no 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 no more than $10,000 per
violation.
(c) In addition, a fine of an amount up to
$10,000 or three times the market value at the time and place of the violation,
as determined by the board, for each tree or tree product, including koa,
whichever is greater, per violation of section 183-17 may be levied for each
destroyed, damaged, or harvested tree, or portion thereof, larger than six
inches in diameter at ground level, along with any costs associated with
restoration or replacement of habitat and damages to public land or natural
resources, or any combination thereof.
(d) Any person who violates any rule adopted
by the department under this chapter regulating vehicular parking or traffic
movement shall have committed a traffic infraction and be adjudicated as set
forth in chapter 291D. A person found to have committed a traffic infraction
shall be fined no more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
Except as provided in this subsection, the State
shall be precluded from pursuing further civil legal action to recover administrative fines, fees, and costs, including
attorney's fees and costs or monetary assessment against the person fined under
this subsection.
(e) 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, fees, and costs, including attorney's
fees and costs or monetary assessments against that person. Any civil
legal action against a person to recover administrative fines, fees, and costs,
including attorney's fees and costs or monetary assessments, 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.
(f) 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 state constitution.
(g) The department shall submit an annual
report outlining the revenues generated by the penalties to the legislature no
later than twenty days prior to the convening of each regular session.
[L 2006,
c 174, §1; am L 2021, c 193, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0183/HRS_0183-0005.htmFetched: 11/10/2026