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

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

(c)  This sectionshall not be construed to prohibit any person from exercising native Hawaiiangathering rights or traditional cultural practices as authorized by law or aspermitted 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]