reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-6 Interagency group.

§196D-6 Interagency group.
(a) The department shall establish an interagency group comprised of those agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and which have jurisdiction over any aspect of the project. Each of these agencies shall designate an appropriate representative to serve on the interagency group as part of the representative's official responsibilities. The interagency group shall perform liaison and assisting functions as required by this chapter and the department. The department shall invite and encourage the appropriate federal agencies having jurisdiction over any aspect of the project to participate in the interagency group.
(b) The department and agencies shall cooperate with the federal agencies to the fullest extent possible to minimize duplication between and, where possible, promote consolidation of federal and state requirements. To the fullest extent possible, this cooperation shall include, among other things, joint environmental impact statements with concurrent public review and processing at both levels of government. Where federal law has requirements that are in addition to but not in conflict with state law requirements, the department and the agencies shall cooperate to the fullest extent possible in fulfilling their requirements so that all documents shall comply with all applicable laws.
(c) If the legislature establishes any public corporation or authority for the purposes of the project, then upon its establishment, the public corporation or authority shall be a member of the interagency group. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-7 Streamlining activities.

§196D-7 Streamlining activities.
In administering the consolidated permit application and review process, the department shall:
(1) Monitor all permit applications submitted under this chapter and the processing thereof on an ongoing basis to determine the source of any inefficiencies, delays, and duplications encountered and the status of all permits in process;
(2) Adopt and implement needed streamlining measures identified by the interagency group, in consultation with those agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and with members of the public;
(3) Design, in addition to the consolidated permit application form, other applications, checklists, and forms essential to the implementation of the consolidated permit application and review process;
(4) Recommend to the legislature, as appropriate, suggested changes to existing laws to eliminate any duplicative or redundant permit requirements;
(5) Coordinate with agencies to ensure that all standards used in any agency decisionmaking for any required permits are clear, explicit, and precise; and
(6) Incorporate, where possible, rebuttable presumptions based upon requirements met for permits issued previously under the consolidated permit application and review process. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-8 Information services.

§196D-8 Information services.
The department shall:
(1) Operate a permit information and coordination center during normal working hours, which will provide guidance to potential applicants for the project with regard to the permits and procedures that may apply to the project; and
(2) Maintain and update a repository of the laws, rules, procedures, permit requirements, and criteria of agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and which have control or regulatory power over any aspect of the project and of federal agencies having jurisdiction over any aspect of the project. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-9 Construction of the chapter; rules.

§196D-9 Construction of the chapter; rules.
This chapter shall be construed liberally to effectuate its purposes, and the department shall have all powers which may be necessary to carry out the purposes of this chapter, including the authority to make, amend, and repeal rules to implement this chapter; provided that all procedures for public information and review under chapter 91 shall be preserved; and provided further that the consolidated permit application and review process shall not affect or invalidate the jurisdiction or authority of any agency under existing law. The adoption, amendment, and repeal of all rules shall be subject to chapter 91. [L 1988, c 301, pt of §1]
Revision Note
In section heading, "chapter" substituted for "Act".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-10 Transfer of functions.

§196D-10 Transfer of functions.
(a) Those functions identified in paragraphs (1) and (2) insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits and other authorizations issued by agencies with respect to the development, construction, installation, operation, maintenance, repair, and replacement of the project, or any portion or portions thereof, are transferred to the department. With respect to each of the statutory authorities cited in paragraphs (1) and (2), the transferred functions include all enforcement functions of the agencies or their officials under the statute cited as may be related to the enforcement of the terms, conditions, and stipulations of permits, including but not limited to the specific sections of the statute cited. "Enforcement", for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:
(1) Such functions of the land use commission related to: district boundary amendments as set forth in section 205-3.1 et seq.; and changes in zoning as set forth in section 205-5; and
(2) The permit approval and enforcement functions of the director of transportation or other appropriate official or entity in the department of transportation related to permits or approvals issued for the use of or commercial activities in or affecting the ocean waters and shores of the State under chapter 266.
(b) Nothing in this section shall be construed to relieve an applicant from the laws, ordinances, and rules of any agency whose functions are not transferred by this section to the department for the purposes of the project.
(c) This section shall not apply to any permit issued by the public utilities commission under chapter 269.
(d) Notwithstanding any other provision of this chapter, this section shall take effect on July 1, 1989. [L 1988, c 301, pt of §1]
Note
"July 1, 1989" substituted for "a date that is one year after the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-11 Annual report.

§196D-11 Annual report.
The department shall submit an annual report to the governor and the legislature on its work during the preceding year, the development status of the project, any problems encountered, and any legislative actions that may be needed further to improve the consolidated permit application and review process and implement the intent of this chapter. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-12 Severability.

§196D-12 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-13 Exemptions from certain state laws.

§196D-13 Exemptions from certain state laws.
In order to promote the purposes of this chapter, all persons hired by the department to effectuate this chapter are excepted from chapters 76 and 89. [L 1988, c 301, pt of §1; am L 2002, c 148, §18]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-14 Development of geothermal resources on Maui.

§196D-14 Development of geothermal resources on Maui.
To the extent an applicant's proposed project includes the development of geothermal resources on the island of Maui and the delivery of electric energy generated from these resources to the island of Oahu through the cable system, this chapter shall apply to that proposed project. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 197. General Provisions Relating to Aquatic Resources and Wildlife › 197-1 Definitions.

§197-1 Definitions.
As used in this chapter, unless the context indicates otherwise:
"Aquatic life" means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral or other animal that inhabits the freshwater and marine environment and includes any part, product, egg or offspring thereof; or freshwater and marine plants, including seeds, roots, and other parts thereof.
"Board" means the board of land and natural resources.
"Commission" means the animal species advisory commission.
"Conservation" means to use and the use of all methods and procedures for the purpose of managing populations of aquatic life and wildlife and their habitats.
"Department" means the department of land and natural resources.
"Habitat" means a locality or environment in which aquatic life, wildlife or land plants (as defined in chapter 195D) grow or live.
"Indigenous species" means any aquatic life, wildlife, or land plant (as defined in chapter 195D) growing or living naturally in Hawaii without having been brought directly or indirectly to Hawaii.
"Introduction" means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous.
"Take" means to fish, trap, hook, net, spear, harvest, pick or withdraw aquatic life from the water, or to injure, hunt, shoot, wound, kill, trap, net, capture, or possess wildlife.
"Wildlife" means any non-domesticated member of the animal kingdom, including game birds and mammals designated by law or rules for hunting, whether reared in captivity or not, and includes any part, product, egg or offspring thereof, except aquatic life as defined in this section. [L 1985, c 74, pt of §1; am L 2021, c 145, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 197. General Provisions Relating to Aquatic Resources and Wildlife › 197-2 Animal species advisory commission.

§197-2 Animal species advisory commission.
(a) There is established within the department an animal species advisory commission which may serve in an advisory capacity to the board. The commission shall consist of nine members to be appointed by the governor in the manner provided in section 26-34. Three members of the department designated by the chairperson of the board, and no less than one each from the professional fields of aquatic life, wildlife, and conservation and resources enforcement, shall serve as members of the commission. Six of the members shall be scientists in the fields of botany, mammalogy, ichthyology, entomology, ornithology, and invertebrate zoology. The commission shall select its own chairperson.
(b) The commission may advise the board on every proposal for the deliberate introduction of aquatic life and wildlife by the department into any habitat within the State, whether the introduction proposed is from without the State into the State, or from one area in the State into another area in the State.
(c) The commission may also advise the board on any matter affecting the taking and conservation of aquatic life and wildlife including proposed rules. The commission may hear such persons and acquire such information as it desires and shall communicate its findings and recommendations to the board. [L 1985, c 74, pt of §1; am L 2021, c 145, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 197. General Provisions Relating to Aquatic Resources and Wildlife › 197-3 Introduction of aquatic life and wildlife.

§197-3 Introduction of aquatic life and wildlife.
(a) No species of aquatic life and wildlife shall be deliberately introduced by the department under this chapter into any habitat within the State, whether the introduction is from without the State into the State or from one area in the State into another area in the State unless the introduction is recommended by the department and authorized by rules of the department pursuant to chapter 91.
(b) The department, in determining whether to recommend the deliberate introduction of aquatic life and wildlife, shall make the following findings:
(1) The factors which limit the distribution and abundance of the species in its native habitat have been studied and its probable dispersal pattern appraised;
(2) Whether in the area where the species is proposed to be introduced there is or had been stock of a desirable, ecologically comparable indigenous species which can be increased or rehabilitated by reintroduction or by encouraging extension of its range;
(3) Whether the species proposed to be introduced would threaten the existence and stability of any indigenous species as predator; competitor for food, cover, or breeding sites; or in any other way arising from its characteristics and ecological requirements;
(4) The availability of socially acceptable methods of eliminating the species or keeping it under control in the area where it is proposed to be introduced and in adjoining areas;
(5) The extent to which the species will enhance the economic and aesthetic values of the area where it is proposed to be introduced;
(6) That the individuals to be introduced are free of communicable diseases and parasites and that there is no reason to believe that any communicable disease or parasite constitutes an important factor in the control of population; and
(7) That there is no foreseeable risk of conflict on account of the introduction with land use policies in the area where a species is proposed to be introduced or in adjoining areas to which the species might spread.
(c) Before any species of aquatic life or wildlife is introduced, under this chapter, into a habitat, the suitability of the introduction shall be tested, if there is available an experimental area which can be fully controlled with a habitat typical of the area where the species is proposed to be introduced.
(d) When a species of aquatic life or wildlife is deliberately introduced into a habitat under this section, and until the species becomes established there on a stable basis, the department shall conduct studies of the introduced species in its new habitat, including studies of its rate of spread and impact on the habitat.
(e) Any person who violates this section or any rule adopted pursuant to this section shall be subject to the penalties provided in section 197-5. [L 1985, c 74, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 197. General Provisions Relating to Aquatic Resources and Wildlife › 197-5 General penalty.

§197-5 General penalty.
Any person violating any of the provisions of this chapter, or any rule adopted pursuant to this chapter, shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished as provided by law. [L 1985, c 74, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-1 Conservation easement defined.

§198-1 Conservation easement defined.
For the purposes of this chapter, a "conservation easement" is an interest in real property created by deed, restrictions, covenants, or conditions, the purpose of which is to:
(1) Preserve and protect land predominantly in its natural, scenic, forested, or open-space condition;
(2) Preserve and protect the structural integrity and physical appearance of cultural landscapes, resources, and sites which perpetuate indigenous native Hawaiian culture;
(3) Preserve and protect historic properties as defined in section 6E-2, and traditional and family cemeteries; or
(4) Preserve and protect land for agricultural use. [L 1985, c 149, pt of §1; am L 1996, c 194, §1; am L 2007, c 145, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-2 Nature.

§198-2 Nature.
(a) A conservation easement is freely transferable in whole or in part for the purposes stated in section 198-1 by any lawful method for the transfer of interests in real property in this State.
(b) A conservation easement shall be perpetual in duration.
(c) A conservation easement shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding the fact that it may be negative in character.
(d) The particular characteristics of a conservation easement shall be those granted or specified in the instrument creating or transferring the easement. [L 1985, c 149, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-3 Holders.

§198-3 Holders.
Any public body and any organization which qualifies for and holds an income tax exemption under section 501(c) of the federal Internal Revenue Code of 1954, as amended, and whose organizational purposes are designed to facilitate the purposes of this chapter, may acquire and hold conservation easements by purchase, agreement, donation, devise, or bequest, but not by eminent domain. [L 1985, c 149, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-4 Recordation.

§198-4 Recordation.
Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the bureau of conveyances, or the land court, as the case may be, and such instruments shall be subject in all respects to the requirements of chapters 501 and 502. [L 1985, c 149, pt of §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-5 Enforcement of easement.

§198-5 Enforcement of easement.
(a) All conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership, and no conservation easement shall be unenforceable on account of the lack of privity of estate or contract, or on account of such conservation easement not being an appurtenant easement, or because such easement is a general easement.
(b) Actual or threatened injury to or impairment of a conservation easement, or actual or threatened violation of its terms, may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any environmental court of competent jurisdiction in a proceeding initiated by the grantor or by the holder of the easement.
(c) In addition to the remedy of injunctive relief, the holder of a conservation easement shall be entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing such damages there may be taken into account, in addition to the cost of restoration, the loss of scenic, aesthetic, or environmental value to the real property subject to the easement, and other damages.
(d) The environmental court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney's fees. [L 1985, c 149, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198. Conservation Easements › 198-6 Construction.

§198-6 Construction.
This chapter shall not be construed to imply that any easement, covenant, condition, or restriction which does not have the benefit of this chapter shall on account of any provisions of this chapter be unenforceable. Nothing in this chapter shall diminish the powers granted by any general or special law to acquire, by purchase, gift, eminent domain, or otherwise, and to use land for public purposes. [L 1985, c 149, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-1 Definitions.

§198D-1 Definitions.
For the purpose of this chapter:
"Access" means an easement or way:
(1) Over which the general public has the right to travel; and
(2) Which is used by the general public or intended for use by the general public primarily to reach or depart a public beach, shore, park, trail, or other public recreational area.
It includes a lateral easement along the shoreline, coastline, or beach.
"Department" means the department of land and natural resources.
"Trail" means an identifiable linear course used primarily for or used to get a recreational, educational, or inspirational experience. It includes, but is not limited to:
(1) A corridor trail, which is a designated route, segregated from a highway, providing a continuous linkage between or among major urban areas, fragmented accesses, and major trail areas;
(2) A segment or connector trail, which is a designated route from one locale to another; and
(3) A special use trail, which is a designated course for a special activity or function. [L 1988, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-2 Establishment of Hawaii statewide trail and access program.

§198D-2 Establishment of Hawaii statewide trail and access program.
(a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement the program in accordance with this chapter.
(b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:
(1) A portion of the highway fuel taxes collected under chapter 243;
(2) Federal government grants;
(3) Private contributions; and
(4) Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department.
(c) The moneys specified in subsection (b)(2) shall be deposited in the state treasury; provided that moneys received as deposits or contributions from the federal government shall be accounted for in accordance with the conditions established by the agencies making the contribution.
(d) The moneys specified in subsection (b)(1), (3), and (4) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department. [L 1988, c 236, pt of §2; am L 1993, c 273, §1; am L 1997, c 106, §2; am L 2002, c 250, §3; am L 2005, c 235, §3; am L Sp 2021, c 1, §11]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-3 Inventory.

§198D-3 Inventory.
(a) The department shall establish, maintain, and amend, as required, an inventory of all trails and accesses in the State, whether wholly or partly on public or private lands and whether or not under the jurisdiction of the department, and a separate inventory of all trails and accesses to public hunting areas in the State. The inventories shall include:
(1) Maps and lists of all trails and accesses;
(2) Name and length of each trail or access;
(3) The person or agency having management responsibility for each trail or access;
(4) The predominant transportation mode for each trail or access;
(5) The development standard, condition, and grade of each trail and access;
(6) The description of amenities or other features on or in close proximity to each trail or access;
(7) The status of availability to the general public of each trail or access; and
(8) Other information for each trail or access deemed necessary or desirable by the department.
(b) The department shall publish and periodically update documents, which shall be available to the general public. The documents shall contain that portion of the inventories which include trails and accesses available for the use of the general public. The department may charge an appropriate fee for the documents and any updates. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(1)]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-4 Classification.

§198D-4 Classification.
The department shall classify each trail and access in the inventories according to the following:
(1) Function;
(2) Type;
(3) Theme;
(4) Actual and desired use intensity; and
(5) Any other classification deemed necessary or desirable by the department. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(2)]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-5 Identification of proposed, potential, and needed trails and accesses.

§198D-5 Identification of proposed, potential, and needed trails and accesses.
(a) In addition to the inventories under section 198D-3, the department shall identify and maintain a listing of:
(1) Proposed trails and accesses which may be opened to the public;
(2) Potential expansions of trails and accesses;
(3) Potential or desirable connectors between existing trail systems;
(4) Public beach, shore, park, trail, and other recreational areas to which access is unavailable or inadequate; and
(5) Trails and accesses to public hunting areas.
(b) The listing may be published in the inventories required under section 198D-3. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(3)]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-6 Regulation of use of trails and accesses.

§198D-6 Regulation of use of trails and accesses.
The department, by rule adopted in accordance with chapter 91, may regulate the use of trails and accesses under the department's jurisdiction. Regulation of the use of trails and accesses shall be established for the following purposes:
(1) To preserve the integrity, condition, naturalness, or beauty of the trails or accesses;
(2) To protect the public safety; or
(3) To restrict or regulate public access to protected or endangered wildlife habitats, except for scientific or educational purposes. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(4)]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-7 Examination of legal issues.

§198D-7 Examination of legal issues.
The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include:
(1) Theories, options, and doctrines by which trails and accesses may be placed into or retained in public use;
(2) The validity and feasibility of dedication requirements to obtain public use of trails and accesses;
(3) The extent of liability exposure of the State, counties, and private landowners when allowing trails and accesses under their respective jurisdictions to be used by the general public; and
(4) Strategies to reduce or limit the liability exposure of the State, counties, and private landowners in order to promote public use of trails and accesses under their respective jurisdictions which are closed to the general public. [L 1988, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-7.5 Agreements to defend and indemnify.

§198D-7.5 Agreements to defend and indemnify.
(a) The department may enter into agreements with owners of public or private land to further the purposes of this chapter. Agreements between the State and an owner may provide that the State will defend the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, from claims made by public users of the owner €™s land.
(b) These agreements may also provide that the State will indemnify the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, for property losses incurred due to public use, subject to the following provisions:
(1) The attorney general may review any claim;
(2) The attorney general may refer a claim associated with property loss to the chairperson of the board of land and natural resources for informal resolution subject to the terms of an agreement;
(3) All claims of property loss that are subject to the terms of an agreement shall be reviewed in the first instance by the chairperson for resolution as provided for in an agreement. The chairperson may compromise or settle claims for property loss from the trail and access program special funds for an amount not exceeding $10,000 per fiscal year, and the chairperson may pay claims for property loss up to this amount without the review of the attorney general;
(4) Upon referral by the chairperson, the attorney general, in the attorney general's discretion, shall make determinations of whether a claim for property loss would or would not be subject to the terms of an agreement; and
(5) Claims greater than $10,000 per fiscal year shall be subject to appropriation and allotment.
(c) The existence of an agreement does not allow an action to be brought against the State. The State shall not be made a party in any action solely because of the existence of an agreement to defend or indemnify. Any action defended by the State pursuant to an agreement shall be deemed an action against the owner, and the State may assert all defenses available to the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners.
(d) If the agreement provides for indemnification by the State, no judgment shall be executed against an owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, until the legislature has reviewed and approved the judgment. [L 1992, c 216, §1; am L 2005, c 175, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-7.6 Limitation on liability.

§198D-7.6 Limitation on liability.
The State shall not be liable for any injury to any person arising from the person's use of unimproved lands owned or controlled by the State and regulated under section 198D-6, unless the injury results from gross negligence on the part of the State. [L 1999, c 106, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-8 Request to acquire rights for public use of additional trails and accesses.

§198D-8 Request to acquire rights for public use of additional trails and accesses.
The department may request the legislature for appropriations to acquire rights to trails and accesses which are closed to public use or which are necessary to effectuate the trail and access program. [L 1988, c 236, pt of §2; am L 1993, c 273, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-9 Other powers and duties of department.

§198D-9 Other powers and duties of department.
The department:
(1) May establish signing and design standards for classifications of trails and accesses;
(2) Shall establish advisory councils to solicit advice and assistance in the implementation of the trail and access program. The appointment of members to advisory councils shall be made by the department. If advisory councils are established, the members of the advisory councils shall serve part-time and shall not be compensated for official duties performed. Advisory councils may be established on regional, islandwide, countywide, or statewide bases. The statewide council shall include representatives of motorized as well as nonmotorized trail users;
(3) Shall serve as the centralized information agency for matters relating to the trail and access program;
(4) Shall coordinate its activities under this chapter, including its compilation of the inventories and classifications of trails and accesses, with other public agencies;
(5) Shall advise and, when able, assist other public agencies in the development, construction, operation, maintenance, and regulation of trails and accesses under the other agencies' jurisdiction;
(6) Shall advocate before the legislature, governor, and public agencies, for the implementation of the trail and access program; and
(7) Shall submit an annual report to the governor and legislature on activities engaged in under this chapter; provided that the annual report shall include a comprehensive description of the status of the trail and access program and the financial information specified in section 198D-2(b). [L 1988, c 236, pt of §2; am L 1990, c 53, §1(5); am L 1993, c 273, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-10 Limitation on chapter's provisions.

§198D-10 Limitation on chapter's provisions.
(a) Nothing in this chapter shall be construed as conferring or imposing upon the department any rights, powers, and duties over:
(1) Lands not under its jurisdiction; or
(2) The activities of other public agencies; except if provided by other law or agreement.
(b) The designation as part of the statewide trail and access system of trails and accesses, the use to which the public has no rights, shall not be construed as establishing public rights to use those trails and accesses. [L 1988, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-12 General administrative penalties.

§198D-12
General administrative penalties.
(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $2,500;
(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.
(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 198D. Hawaii Statewide Trail and Access System › 198D-13 Criminal penalties.

§198D-13
Criminal penalties.
(a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:
(1) $100 for a first offense;
(2) $200 for a second offense; and
(3) $500 for a third or subsequent offense.
(b) The fines specified in this section shall not be suspended or waived. Each day of each violation shall constitute a separate offense.
(c) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-1 Board of land and natural resources, powers and duties.

§199-1 Board of land and natural resources, powers and duties.
The board of land and natural resources shall establish within the department of land and natural resources a conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the department of land and natural resources:
(1) An enforcement chief of the department of land and natural resources, who shall be the head of the conservation and resources enforcement program and shall have charge, direction, and control, subject to the direction and control of the board, of all matters relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder and such other matters as the board may from time to time direct. The enforcement chief shall be an administrator experienced in conservation and resources law enforcement and management; and
(2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay. [L 1978, c 171, pt of §1; am L 2000, c 253, §150; am L 2004, c 142, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-1.5 Conservation and resources enforcement special fund; established.

§199-1.5 Conservation and resources enforcement special fund; established.
(a) There is hereby established in the state treasury a special fund known as the conservation and resources enforcement special fund, which shall be administered by the department.
(b) The following shall be deposited into the conservation and resources enforcement special fund:
(1) Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of enforcing the provisions of title 12; chapters 6D, 6E, and 6K; or any rule adopted thereunder;
(2) Fees, reimbursements, administrative charges, and penalties collected for activities related to the enforcement of natural, cultural, and historic resources protection laws and rules, except as otherwise provided by law that provides for deposits into other special funds administered by the department;
(3) Moneys derived from interest, dividends, or other income from the above-mentioned sources;
(4) Revenues generated from section 249-9.7; and
(5) Appropriations by the legislature to the special fund.
(c) The conservation and resources enforcement special fund shall be used for expenditures, including but not limited to:
(1) Training;
(2) Research;
(3) Equipment;
(4) Preparation and dissemination of information to the public;
(5) Data collection and development;
(6) Information technology;
(7) Safety;
(8) Wireless communication;
(9) Management;
(10) Travel;
(11) Equipment rental;
(12) Repairs;
(13) Planning;
(14) Information;
(15) Education;
(16) Operations;
(17) Maintenance functions authorized and deemed necessary by the department;
(18) Funding for consultants or contractual hires related to the enforcement of:
(A) Title 12;
(B) Chapters 6D, 6E, and 6K; or
(C) Any rule adopted thereunder; and
(19) Work performed in cooperation with enforcement authorities of the State, the counties, and the federal government.
(d) The fund shall be held separate and apart from all other moneys, funds, and accounts in the department, except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the department and agencies or persons from whom the moneys are received. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.
(e) As used in this section, "department" means the department of land and natural resources. [L 2011, c 78, §1; am L 2021, c 50, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-2 Board of land and natural resources, delegation of authority.

§199-2 Board of land and natural resources, delegation of authority.
The board of land and natural resources may delegate to enforcement officers within the conservation and resources enforcement program, such authority as may be required for enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder. [L 1978, c 171, pt of §1; am L 2004, c 142, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-3 Conservation and resources enforcement officers, duties; other law enforcement officers.

§199-3 Conservation and resources enforcement officers, duties; other law enforcement officers.
(a) The conservation and resources enforcement officers, with respect to all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, Kaho`olawe island reserve, and any other lands and waters within the State, shall:
(1) Enforce title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder;
(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;
(3) Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;
(4) Cooperate with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;
(5) Check and verify all leases, permits, and licenses issued by the department of land and natural resources;
(6) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134;
(7) Enforce the laws in chapter 291E relating to operating a vessel on or in the waters of the State while using intoxicants;
(8) Whether through a specifically designated marine patrol or otherwise, enforce the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and
(9) Carry out other duties and responsibilities as the board of land and natural resources from time to time may direct.
(b) Every state and county officer charged with the enforcement of laws and ordinances shall enforce and assist in the enforcement of title 12, chapters 6E and 6K, and rules adopted thereunder and in the enforcement of chapters 266 and 267 and of all rules adopted thereunder. [L 1978, c 171, pt of §1; am L 1981, c 85, §112; am L 1987, c 364, §1; am L 1991, c 272, §5; am L 1996, c 296, §2; am L 1997, c 17, §1; am L 2000, c 189, §24; am L 2004, c 142, §10]
Note
Chapter 267 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 199. Conservation and Resources Enforcement Program › 199-4 Board of land and natural resources, police powers.

§199-4 Board of land and natural resources, police powers.
(a) The board of land and natural resources shall have police powers and may appoint and commission enforcement officers within the conservation and resources enforcement program. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer, including the power of arrest, and in addition to enforcing title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, may enforce all other state laws and rules, and county ordinances within all lands and waters of the State; provided that such powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when such employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty will be the enforcement of title 12, chapters 6D, 6E, and 6K, and the rules adopted thereunder within the areas under the jurisdiction of the department of land and natural resources.
(b) An enforcement officer, upon arresting any person for violation of title 12, chapter 6D, 6E, or 6K, or any rule adopted thereunder, may immediately take the person arrested to a police station or before a district judge, or take the name, address, and the number of the fishing, hunting, or other licenses or permits, if any, of the person, and note the violation of the law or rule by the person, and issue the person a summons or citation, printed in the form described in section 199-5, warning the person to appear and to answer to the charge against the person at a certain place and time within seven days after the arrest. Any person failing to obey a summons issued pursuant to this section shall be subject to section 199-6. [L 1978, c 171, pt of §1; am L 1981, c 226, §1; am L 1982, c 147, §10; gen ch 1985; am L 2004, c 142, §11]