(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:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 195D-9

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 195D-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Endangered species: means any species whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to § 195D-4. See Hawaii Revised Statutes 195D-2
  • Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government. See Hawaii Revised Statutes 195D-2
  • recover: means that the number of individuals of the protected species has increased to the point that the measures provided under this chapter or the federal Endangered Species Act are no longer needed. See Hawaii Revised Statutes 195D-2
  • Species: means and shall include any subspecies or lower taxa of aquatic life, wildlife, or land plants. See Hawaii Revised Statutes 195D-2
  • Wildlife: means any nondomesticated member of the animal kingdom, whether reared in captivity or not, including any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 195D-2
(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 § 195D-21 or approved safe harbor agreements under § 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.

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