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

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

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

(3)  Collect administrative fees and costs pursuant toparagraph (2),

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

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

(1)  For a first violation, or any violation notpreceded within a five-year period by a violation of this chapter, a fine ofnot more than $2,500 per violation;

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

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

(c)  In addition:

(1)  A fine of up to $10,000 per violation of section183-17 may be levied for each destroyed or harvested koa tree, or portionthereof, larger than six inches in diameter at ground level; and

(2)  A fine of up to $2,000 per violation of section183-17 may be levied for each destroyed or harvested tree or plant, other thankoa, or portion thereof, larger than six inches in diameter at ground level.

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

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

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