§189-4  Penalties.  (a)  Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a petty misdemeanor and punishable as provided in subsection (b); provided that in the case of a corporation violating any of the provisions, only the fine shall be imposed, but any officer of the corporation who wilfully procures or permits the violation of the provisions by the corporation shall be punishable as in the case of an individual violating the same.

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
petty misdemeanorup to 30 daysup to $1,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 189-4

  • Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

     (b)  The punishment, in addition to any other penalties, shall be a fine of not less than:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

     (3)  $1,000 for a third or subsequent offense.

     (c)  A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, injured, or sold in violation of this chapter or any rule adopted thereunder as follows:

     (1)  For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;

     (2)  For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and

     (3)  For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.

     (d)  The fines specified in this section shall not be suspended or waived.

     (e)  The department may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with §§ 706-623 and 706-624, including but not limited to restrictions on:

     (1)  Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;

     (2)  Engaging in certain fishing activities;

     (3)  Handling, operating, or possessing certain fishing gear or boating equipment; and

     (4)  Taking or possessing certain species of aquatic life.