The Hawaii State Bar Association's Admiralty Section was pleased to host two speakers from the State of Hawaii's Department of Land and Natural Resources, Kamaile Nichols and Bin Li.
They discussed civil penalties or assessments for natural resource damages for injury to coral reefs. The pertinent legal authorities are set forth in a handout here.
There has been two cases brought for coral reef damage, both relating to reefs near Maui. The first case settled and the second case pends a contested case hearing before the Board of Land and Natural Resources. The particulars are noted in a handout here.
Bin discussed a new civil penalty program for smaller scale violations (fish permit violations, etc). His slides are attached here. Bin has diligently set up a fine schedule with the hope that the smaller infractions can be resolved quickly.
As these programs and efforts are relatively new, some issues have not been resolved. The interplay between these assessments and other civil penalty regimes (i.e. Clean Water Act) and even the penal code remain unresolved. An issue to watch to be sure.
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