§190-5  Penalty.  (a)  Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b), (c), and (d).

     (b)  The punishment, in addition to any other penalties, shall be a fine of not less than:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

     (3)  $1,000 for a third or subsequent offense.

     (c)  A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, or injured in violation of this chapter or any rule adopted thereunder as follows:

     (1)  For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;

     (2)  For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and

     (3)  For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.

     (d)  The court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

     (e)  The court may allow the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department of land and natural resources may recommend to the court an order of community service that benefits the resource that was damaged.

     (f)  The department of land and natural resources may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:

     (1)  Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;

     (2)  Engaging in certain fishing activities;

     (3)  Handling, operating, or possessing certain fishing gear or boating equipment; and

     (4)  Taking or possessing certain species of aquatic life. [L 1955, c 192, §8; RL 1955, §21-137; HRS §190-5; am L 1981, c 16, §4; am L 1999, c 195, §9; am L 2016, c 67, §3; am L 2022, c 35, §6]

Cross References

  General administrative penalties, see §187A-12.5.