HAR §13-104-3
HAR §13-104-3. Penalty
Cite as Haw. Code R. § 13-104-3
(a)
Any person violating
any of the provisions of this chapter shall be subject
to penalty as provided by law.
All revenues generated
from fines or penalties
imposed pursuant to this
section shall be deposited into the forest stewardship
fund.
Any equipment, article,
instrument, aircraft,
vehicle,
business record,
or natural resource used or
taken in violation of the provisions of this chapter
may be seized and subject to forfeiture as provided by
section 199-7,
Hawaii Revised Statutes,
and chapter
712A,
Hawaii Revised Statutes.
(b)
Restrictions and prohibitions
imposed by
this chapter shall not apply to state employees or
their agents acting in the scope of their employment
while within the forest reserve.
Any penalty imposed
may take into account emergency situations,
such as
104-5
3382
~
§13-104-3
fire or other disasters or where necessary to protect
life or property.
[Eff 9/28/81;
am and comp 10/15/93;
am and comp
JAN 16 2021
1
(Auth:
HRS §183-2)
(Imp:
HRS §~l83-4,
183-5,
183-16,
195]D-8,
199-7)
SUBCHAPTER
2
PUBLIC USE
§13-104-4
Preservation of public property and
resources.
The following activities are prohibited
within a forest reserve:
(1)
To remove,
injure,
or kill any form of plant
or animal life,
either in whole or in part,
except
as authorized by the board or
authorized representative or as provided by
the rules of the board;
(2)
To remove,
damage,
or disturb any natural
feature or resource
(e.g.,
natural stream
beds)
except
as authorized by the board or
its authorized representative;
(3)
To remove,
damage,
or disturb any historic
or prehistoric remains;
(4)
To remove,
damage,
or disturb any notice,
marker,
or structure;
(5)
To enter,
occupy,
or use any building,
structure, facility,
motorized vehicle,
machine,
equipment,
or tool within a forest
reserve except
as authorized by the board or
its representative;
(6)
To engage in any construction or improvement
except
as authorized by the board;
(7)
To sell,
peddle, solicit,
or offer for sale
any merchandise or service except with
written authorization from the board;
(8)
To distribute or post handbills,
circulars,
or other notices;
(9)
To introduce any plant or animal except
as
approved by the board;
and
(10)
To enter or remain within a forest reserve
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~382
§13-104-5.5
while under the influence of alcohol,
narcotics,
or drugs,
to
a degree that may
endanger or cause annoyance to other
persons,
or endanger oneself or property.
The use or possession of narcotics,
drugs,
or alcohol within forest reserves is
prohibited.
[Eff 9/28/81;
am and comp
10/15/93;
am and comp
JAN 16 2GV
1
(Auth:
HRS §183-2)
(Imp:
HRS §~l83-2,
183-17)