§189-4 Penalties.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§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.

(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 sections 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. [L 1929, c 187, §5; RL 1935, §334; RL 1945, §1259; am L 1947, c 39, §5; am L 1949, c 272, §5; am L 1955, c 96, §5; RL 1955, §21-114; HRS §189-4; am L 1981, c 85, §81; am L 1999, c 195, §7; am L 2022, c 35, §5]