The department may establish and operate aquatic mitigation banks and aquatic in-lieu fee mitigation programs for the purpose of restoring, creating, enhancing, preserving, or any combination thereof, aquatic habitats or resources where a person is required to provide compensatory mitigation either for:

(1) Prospective damages to aquatic habitats or resources where the use of aquatic mitigation banking or aquatic in-lieu fee mitigation is approved by the agency requiring mitigation; or

Terms Used In Hawaii Revised Statutes 187A-41

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
(2) Past damages to aquatic habitats or resources.

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