[§183-5]  General administrative penalties. 
(a)  Except as otherwise provided by law, the board or its
authorized representative may:



(1)  Set, charge, and collect administrative fines;



(2)  Bring legal action to recover administrative
fines, fees, and costs, including attorney's fees and costs and costs
associated with land or habitat restoration; and



(3)  Collect administrative fees and costs pursuant to
paragraph (2),



resulting from a violation of this chapter, any rule
adopted, or permit issued thereunder.



(b)  The administrative fines for violation of
this chapter shall be as follows:



(1)  For a first violation, or any violation not
preceded within a five-year period by a violation of this chapter, a fine of
not more than $2,500 per violation;



(2)  For a second violation within five years of a
previous violation of this chapter, a fine of not more than $5,000 per
violation; and



(3)  For a third or subsequent violation within five
years of the last violation of this chapter, a fine of not more than $10,000
per violation.



(c)  In addition:



(1)  A fine of up to $10,000 per violation of section
183-17 may be levied for each destroyed or harvested koa tree, or portion
thereof, larger than six inches in diameter at ground level; and



(2)  A fine of up to $2,000 per violation of section
183-17 may be levied for each destroyed or harvested tree or plant, other than
koa, or portion thereof, larger than six inches in diameter at ground level.



(d)  Any criminal prosecution for any violation
of this chapter or any rule adopted thereunder shall not be deemed to preclude
the State from recovering additional administrative fines, fees, and costs,
including attorney's fees and costs.



(e)  No person shall be sanctioned pursuant to
this section for the exercise of native Hawaiian gathering rights and
traditional cultural practices as authorized by law or as permitted by the
department pursuant to article xii,
section 7 of the Hawaii state constitution.



(f)  The department shall submit an annual
report outlining the revenues generated by the penalties to the legislature at
least twenty days before the convening of each regular session. [L 2006, c 174,
§1]