HAR §13-124-8.1. Penalty

(a) Any person who violates any provision of this subchapter or any condition or provision of a permit issued pursuant thereto may be subject to administrative, civil , and criminal penalties, pursuant to sections 195D-9 or 19 183D-5 and 183D-12, HRS, and as otherwise may be provided in chapter 183D, HRS. (b) Any criminal action against a person for any violation of HRS subtitle 4 of title 12 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 HRS subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. (c) Any equipment, article, instrument, aircraft, vehicle, vessel, 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 and chapter 712A, HRS. [Eff ] (Auth: HRS §§183D- 3, 183D-5, 183D-10.5, 183D-12, 195D-6, 195D-9, 199-7, 712A-4, 712A-6) (Imp: HRS §§183D-3, 183D-5, 183D- 10.5, 183D-12, 195D-6, 195D-9, 199-7, 712A-4, 712A-6) SUBCHAPTER 3 ENDANGERED AND THREATENED WILDLIFE [§13 124 11 P~ehibited aetivities. (a) With respect to endangered and threatened species of wildlife e,wept as provided in subsection (c) or [as permitted by the department, no person shall or attempt to: (1) Take, possess, process, sell, offer for sale, or transport any such species, any young or egg, or the dead body or skin thereof within the State; or (2) E'l<port any such species, or any young or egg, or the dead body or parts thereof, from the State. 20 (b) No person shall remove, damage, or disturb the nest of any endangered or threatened species e,wept as provided in subsection (c) or as permitted by the department. (c) The prohibited activities in this section shall not apply to: (1) .''1uthori zed employees of the department; (2) Enforcement agents, researchers, and inspectors of the department of agriculture and United States Fish and Wildlife Service when acting in the course of their official duties; or (3) Persons authorized by the board or its authorized representative and as provided elsewhere in this chapter.] [Eff and comp 2/27/2015) (Auth: HRS §§183D-8, 183D-61, 183D64, 195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§183D-2,_183D-8, 183D-61, 183D- 64, 195D-3, 195D-4, 195D-5, 195D-6) §13-124-11.1 Endangered wildlife or threatened wildlife, prohibited activities. (a) With respect to endangered or threatened wildlife, no person shall or attempt to intentionally, knowingly, or recklessly: ill Take, haze, possess, process, sell, offer for sale, feed, harass, or transport any such species, any young or egg, or the dead body, shell, or skin thereof, within the State; ill Export any such species, or any young or egg, shell, or the dead body or parts thereof, from the State; or ill Significantly modify or degrade habitat such that it kills or injures such species. (b) No person shall negligently feed any endangered or threatened wildlife or any young. (c) No person shall intentionally, knowingly, recklessly, or negligently remove, damage, or disturb the nest of any endangered or threatened wildlife. 21 (d) The prohibited activities in this section s ha l l not apply to : ill Authorized employees of the department ; ill Enforcement agents , researchers , and inspectors of the department of agricul ture and United States Fish and Wi l d l ife Service when acting in the course of their official duties ; or ill Persons authorized by the board or its authorized representative . [Eff (Auth : HRS §§183D- 8, 183D- 61, 183D- 64 , 1 95D- 3, 195D- 4, 195D- 5, 195D- 6) (Imp : HRS §§183D- 2 , 183D- 8 , 183D- 61 , 183D- 64 , 1 95D- 3 , 1 95D- 4, 195D- 5 , 195D- 6) §13-124-12 Scientific, propagation, and educational permits . (a) Permits for taking , collecting, possessing , [ki l l ing , ] selling or offeri ng for sale , [-an-El] transporting , or exporting threatened wildlife may be issued by the board or its authorized representative for scientific or educational purposes incl uding cultural activities , or for activities wh i ch wil l enhance the propagation or survival of the wild l ife species . (b) Permits [t:-e] for [take , possess , process , sell or offer for sale , transport , or e,cport ] taking , collecting, possessing , selling or offering for sale , transporting , or exporting any endangered [speci es of ] wi l d l ife may be issued only for scientific purposes or to enhance the propagation or surviva l of the wildli fe species , except permits to possess legally obtai ned endangered [species] wildlife may be i ssued for educati onal purposes which enhance the s urviva l of t hat speci es . [Eff and comp 2/27/2015 ; am and comp ] (Auth : HRS §§183D- 6, 183D- 61 , 195D- 3 , 1 95D- 4, 195D- 5 , 195D- 6) (Imp : HRS §§183D- 6, 183D- 6, 183D- 61 , 195D- 3 , 195D- 4 , 195D- 5 , 195D- 6) 22 [§13 124 13 Peaal=ty. (a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and shall be punished as follows: (1) For a first offense by a fine of not less than $2§0 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 $§00 or by imprisonment of not more than one year, or both. (b) In addition to the above penalties, e,wept for violations under approved habitat conservation plans under section HRS 195D 21 or approved safe harbor agreements under section HRS 19§D 22 as determined by the board, a fine of $§,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 HRS 183D 10.5. (d) E,wept 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. The administrative fines shall be as follows: (1) For a first violation, a fine of not more than $2,§00; (2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and 23 (3) For a third or subsequent violation ,,Jithin 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. (f) Any criminal action against a person for any violation of this chapter 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 shall not be deemed to preclude the State from pursuing any criminal action against that person. (g) Any equipment, article, instrument, aircraft, vehicle, vessel, 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 HRS section 199 7 and chapter 712}L] [Eff and comp 2 / 27 / 2015] (Auth: HRS §§195D-3, 195D-4, 195D-6, 195D-7, 195D-8, 195D-9, 199- 7, 712A-4, 712A-6) (Imp: HRS §§ 195D-3, 195D-4, 195D-6, 195D-7, 195D-8, 195D-9, 199-7, 712A-4, 712A-6)