§183C-7  Penalty for violation.  (a) 
The department shall prescribe administrative procedures as it deems necessary
for the enforcement of this chapter and any zoning rule adopted in accordance
therewith.  These rules may be enforced by court order at the suit of the
department or of the owner or owners of real estate directly affected by the
rules.  The provisions of section 607-25 shall apply to this chapter.



(b)  Any person violating this chapter or any
rule adopted in accordance with this chapter shall be fined not more than
$15,000 per violation in addition to administrative costs, costs associated
with land or habitat restoration, and damages to public land or natural
resources, or any combination thereof.  After written or verbal notification
from the department, wilful violation of this chapter or any rule adopted in
accordance with this chapter may incur an additional fine of up to $15,000 per
day per violation for each day in which the violation persists.  The board may set, charge, and collect the fine based on
the value of the natural resource that is damaged, the market value of the
natural resource damaged, and any other factor it deems appropriate, such as
the loss of the natural resource to its natural habitat and environment and the
cost of restoration or replacement.  The remedies provided for in this
subsection are cumulative and in addition to any other remedies allowed by law.



(c)  This section
shall not be construed to prohibit any person from exercising native Hawaiian
gathering rights or traditional cultural practices as authorized by law or as
permitted by the department pursuant to article XII, section 7, of the Hawaii constitution.
[L 1994, c 270, pt of §1; am L 2003, c 16, §1; am L 2008, c 217, §1]