Haw. Code R. § 13-95-71 - Live rocks

(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 live rock;

(2) Subject to subsection (b), it is unlawful for any person to damage any live rock by any intentional or negligent activity causing the introduction of sediment, biological contaminants, or pollution into state waters; and

(3) It is unlawful for any person to sell any live rock.

(b) No liability shall be imposed under subsections (a)(1) or (a)(2) of this section for inadvertent breakage, damage, or displacement of an aggregate area of less than one square meter of live rock bottom cover.

(c) The department may authorize damage to live rock for the development or operation of renewable energy projects and shall require mitigation to offset any live rock 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. § 13-95-71

[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