GOVERNOR LINGLE SIGNS NEW LAWS TO STRENGTHEN ENVIRONMENTAL PROTECTION ENFORCEMENT
For Immediate Release: July 7, 2008
HONOLULU – Reinforcing the Lingle-Aiona Administration’s commitment to preserve and enhance Hawai‘i’s natural and cultural resources for future generations, Governor Linda Lingle today signed three bills to strengthen the State’s enforcement of laws that protect our land, unique resources and environment.
“While these bills increase penalties for violating our environmental laws, our broader goal is to encourage people to respect and protect our natural and cultural resources, and to make it their personal responsibility to be stewards of Hawai‘i’s precious environment,” said Governor Lingle.
The first bill (HB3178 SD2 CD1) signed by the Governor doubles civil fines for trespassing on or engaging in prohibited use of public lands, which include forests and coastal areas that are owned by the State.
This new law, Act 215, increases the maximum fine for encroaching on public land from $500 per day to $1,000 per day for the first offense, and from $500-$2,000 per day to $1,000-$4,000 per day for the second offense. The bill also clarifies that all offenders, not just first time offenders, are liable for administrative costs incurred by the Department of Land and Natural Resources (DLNR).
The bill also clarifies that the Board of Land and Natural Resources (BLNR) may assess fines for prohibited use of public lands, such as illegal growing of marijuana in forest reserves and harvesting of koa or other native woods. Fines established under this new law include $5,000 for the first violation plus $1,000 for each day the activity continues; $10,000 for a second violation plus $2,000 for each day the activity continues; and $20,000 for a third violation plus $4,000 for each day the activity continues.
The second measure (HB3177 HD1 SD2 CD1) will protect resources in Conservation Districts, which include private lands within essential forests and watersheds. This new law, Act 217, increases the maximum fine for Conservation District violations from $2,000 to $15,000 per day, per violation. Examples of violations this law will apply to include unauthorized commercial activities on public beaches, use of all-terrain vehicles, removal of native trees, and defacing geological features. This is the first time the maximum fine for such violations has been raised in more than a decade.
The DLNR has seen a steady increase in Conservation District violations, issuing 25 citations in 2002 and more than 90 citations in 2007, totaling $60,000.
The first two new laws also allow the BLNR to impose a higher fine that takes into account the fair market value of damaged resources.
The third bill (SB1891 SD1 HD1 CD1) allows DLNR to pursue criminal penalties and civil fines for violations against public lands. The new law, Act 216, clarifies legislation that was passed in 2004 (Act 142) that gave DLNR the ability to impose civil penalties against those who damage or encroach on public lands.
Act 216 adds a criminal penalty provision that makes such violations a petty misdemeanor punishable by a $500 fine or imprisonment of up to 30 days for the first offense; $1,000 or imprisonment of up to 30 days for a second offense; and $2,000 or imprisonment of up to 30 days or both for a third offense.
This new law gives DLNR another set of tools to pursue violators who knowingly cause harm to public property through such activities as harvesting coral, growing illegal substances on public lands, or grubbing or grading on public land without a permit.
While the three new laws increase maximum fines, DLNR has extensive review and due process procedures in place to allow an individual or business to voluntarily comply and correct the violation or to contest the fine. This process includes appearing before the Land Board, requesting a contested case hearing, and redress through the courts.
Fines that are collected by DLNR will be used for restoring and benefiting natural resources and to increase public education and outreach regarding Hawai‘i’s environmental laws and preservation programs.
The three new laws take effect immediately.
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For more information, contact:
Laura H. Thielen
Director, DLNR
Phone: (808) 587-0401
Lenny Klompus
Senior Advisor – Communications
Phone: (808) 586-7708
Russell Pang
Chief of Media Relations
Phone: (808) 586-0043
