2017 Hawaii Revised Statutes
TITLE 1. GENERAL PROVISIONS
6K. Kaho‘olawe Island Reserve
- 6K-1 Administration of chapter.
- 6K-2 Definitions.
- 6K-3 Reservation of uses.
- 6K-4 Powers and duties.
- 6K-4.5 Procurement; exemptions.
- 6K-5 Commission.
- 6K-6 Responsibilities and duties of the commission.
- 6K-7 Fishing.
- 6K-8 Penalty.
- 6K-8.5 General administrative penalties.
- 6K-8.6 Administrative violation system.
- 6K-9 Transfer.
- 6K-9.5 Kaho‘olawe rehabilitation trust fund.
- 6K-10 Severability.
Note
L 2014, c 218, 8 purports to amend this chapter.
Cross References
Conclusive presumptions; unexploded ordnance on Kaho olawe and in the ocean adjacent to Kaho olawe, see 662-18.
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
Case Notes
Administrative rules pertaining to entrance into the Kaho olawe island reserve did not: (1) abridge defendants' constitutional right to engage in traditional and customary Hawaiian practices; or (2) unconstitutionally burden defendants' right to practice their religion. 132 H. 36, 319 P.3d 1044 (2014).
Complaints filed by the State against defendants for the offense of entrance into the Kaho olawe island reserve dismissed without prejudice because the complaints did not allege the requisite state of mind of intentionally, knowingly, or recklessly. 132 H. 36, 319 P.3d 1044 (2014).
Where the defendants' purpose was to claim and manage, control, and subsequently occupy Kaho olawe, the defendants' intent to communicate through their presence on Kaho olawe could not be deemed "speech" for purposes of the First Amendment freedom of speech protections. 132 H. 36, 319 P.3d 1044 (2014).
