HAR §13-104-3

HAR §13-104-3. Penalty

Last amended: 2021Length: 425 wordsOfficial source

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 104-6 ~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)
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