2013 Hawaii Revised Statutes
TITLE 12. CONSERVATION AND RESOURCES
188. Fishing Rights and Regulations
188-70 Penalties.

Cross References

Nonapplicability of fishing regulations to patients of Kalaupapa, see §326-29.

Law Journals and Reviews

Protecting Hawai‘i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai‘i's Fish Stocks. 29 UH L. Rev. 243.

§188-70 Penalties. (a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 and 188-39.5, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

(3) $500 for a third or subsequent offense.

(b) Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000. Notwithstanding section 706-669 and any other law to the contrary, any person in violation of subsection (b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole for thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.

(c) The fines specified in this section shall not be suspended or waived. [L 1981, c 85, §77; am L 1988, c 374, §2; am L 1993, c 256, §4; am L 1999, c 195, §6; am L 2009, c 92, §3]

Cross References

General administrative penalties, see §187A-12.5.

Case Notes

As sentencing court limited to alternatives expressly enumerated in this section and probation not an enumerated alternative, offense of fishing with gill nets under §188-30.2 nonprobationable; thus, under §853-4(5), deferred acceptance of no contest plea not allowed for that offense. 87 H. 102, 952 P.2d 390.