Haw. Code R. § 13-95-70 - Stony corals

(a) Except as otherwise provided in this section or authorized by law:

(1) Subject to subsections (b) and (c), it is unlawful for any person to take, break, or damage any stony coral, except as provided in sections 171-58.5 and 205A-44, HRS;

(2) It is unlawful for any person to damage any stony coral by any intentional or negligent activity causing the introduction of sediment, biological contaminants, or pollution into state waters;

(3) It is unlawful for any person to sell any stony coral; except that stony coral rubble pieces or fragments imported for the manufacture and sale of coral jewelry, or dead stony coral obtained through legal dredging operations in Hawaii for agricultural or other industrial uses, may be sold.

(b) No liability shall be imposed under subsection (a)(1) of this section for inadvertent breakage, damage, or displacement of an aggregate area of less than one half square meter of coral if caused by:

(1) A vessel with a single anchor damage incident, in an area where anchoring is not otherwise prohibited, and not more frequently than once per year; or

(2) Accidental physical contact by an individual person.

(c) The department may authorize damage to stony corals for the development or operation of renewable energy projects and shall require mitigation to offset any stony coral losses.

(d) Any person found in violation of any provision of this section pursuant to a criminal prosecution shall be subject to penalty as provided under section 187A-13, HRS. Any person found in violation of any provision of this section pursuant to civil or administrative action shall be subject to penalty as provided under section 187A-12.5, HRS.

Notes

Haw. Code R. § 13-95-70

[Eff 12/03/98; am 12/09/02; am 5/01/14] (Auth: HRS §§ 187A-5, 189-6, 190-3) (Imp: HRS §§ 187A-6, 187A-12.5, 187A-13, 189-6, 190-1, 190-3, 190-5) Am 10/19/18; comp 1/31/21; Am and comp 2/22/2024