HAR §13-95-71. Live rocks

(a) Except as otherwise provided in this section or authorized by law: (1) Subject to subsections (b) and (c), it is unlawful for any person to take, break, or damage any live rock; (2) Subject to subsection (b), it is unlawful for any person to damage any live rock by any intentional or negligent activity causing the introduction of sediment, biological contaminants, or pollution into state waters; and (3) It is unlawful for any person to sell any live rock. §13-95-70 95-27 (b) No liability shall be imposed under subsections (a)(1) or (a)(2) of this section for inadvertent breakage, damage, or displacement of an aggregate area of less than one square meter of live rock bottom cover. (c) The department may authorize damage to live rock for the development or operation of renewable energy projects and shall require mitigation to offset any live rock losses. (d) Any person found in violation of any provision of this section pursuant to a criminal prosecution shall be subject to penalty as provided under section 187A-13, HRS. Any person found in violation of any provision of this section pursuant to civil or administrative action shall be subject to penalty as provided under section 187A-12.5, HRS. [Eff 12/03/98; am 12/09/02; am 5/01/14; am 10/19/18; comp 1/31/21; am and comp 2/22/24] (Auth: HRS §§187A- 5, 189-6, 190-3) (Imp: HRS §§187A-6, 187A-12.5, 187A- 13, 188-68, 189-6, 190-1, 190-3, 190-5) §13-95-71 DEPARTMENT OF LAND AND NATURAL RESOURCES Amendment and compilation of chapter 13-95, Hawaii Administrative Rules, on the Summary Page dated December 15, 2023, was adopted on December 15, 2023, following three public hearings held on August 1-3, 2023, after public notice was given in the Garden Island and the West Hawaiʻi Today on July 1, 2023 and in the Honolulu Star-Advertiser and the Hawaiʻi Tribune Herald on July 2, 2023 and one public hearing held on August 7, 2023, after public notice was given in the Honolulu Star- Advertiser on July 7, 2023. This amendment and compilation of chapter 13-95 shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: /s/ COLIN J. LAU ________________________ COLIN J. LAU Deputy Attorney General /s/ DAWN N.S. CHANG _____________________________ DAWN N.S. CHANG, Chairperson Department of Land and Natural Resources APPROVED: /s/ JOSH GREEN, M.D. _____________________________ JOSH GREEN, M.D. Governor, State of Hawai‘i Dated: February 12, 2024_____ February 12, 2024 _____________________________ Filed