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The Honolulu Advertiser
Updated at 4:42 p.m., Thursday, July 24, 2008

Civil penalties offer sensible resource protection

Rules are there to protect the general good from the misdeeds of the few, but without reasonable tools for enforcement, the rules don't have much effect.

"Adding tools to the toolkit" was the idea behind the Department of Land and Natural Resources' push to establish civil penalties for some of the lesser violations of resource protection rules. So says department director Laura Thielen, who makes a convincing case that such a change will vastly improve current enforcement.

In that current system, citations require violators to appear before the state Land Board — taking time off work or, in some cases, traveling between islands to do so.

That presents such a burden that the officer might just wave off the offense with a warning, leaving the impression that there is no enforcement at all.

So much for nipping bad habits in the bud.

But under a plan now undergoing public comment statewide, DLNR wants to create a system more like parking or traffic tickets: You can contest them if you wish, but you can also simply pay the fine, and resolve to be more careful next time.

The details need to be worked out: which offenses should be handled with this particular method, and which still should compel stiffer penalties and referral to the Land Board or the courts. Also, the department must propose, and the Land Board approve, a schedule of fines appropriate to each offense.

People who use the beaches, forests and streams of the Islands have a good sense of where the problems lie and should participate by offering their views (see box).

The department intends to roll out the new system gradually to assess its staffing needs, and that's wise.

But it's important to get the process started. The continued depletion of reef fish through illegal use of lay nets is just one unfortunate reason for the need to act. Deterring repeat offenses through sensible civil penalties should better protect precious land and sea resources, an aim that must remain a top priority for our island state.