§195D-9  Penalty.  (a)  Any person who violates any of the provisions of this chapter [or] the provisions of any rule adopted hereunder shall be guilty of a misdemeanor and shall be punished as follows:

     (1)  For a first offense by a fine of not less than $250 or by imprisonment of not more than one year, or both; and

     (2)  For a second or subsequent offense within five years of a previous conviction by a fine of not less than $500 or by imprisonment of not more than one year, or both.

     (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 is authorized to 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 not more than $2,500;

     (2)  For a second violation within five years of a previous violation, a fine of not more than $5,000; and

     (3)  For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

     (e)  In addition, an administrative fine of up to $5,000 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]

Attorney General Opinions

  Threatened and endangered plants are protected on Hawaiian home lands under the provisions of chapter 195D, as well as under the provisions of the federal Endangered Species Act of 1973, to the same extent that the plants are protected elsewhere in Hawaii.  Anyone who "takes" threatened or endangered plants on Hawaiian home lands is subject to state and federal civil and criminal penalties.  Att. Gen. Op. 95-5.