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The Honolulu Advertiser
Updated at 3:32 p.m., Wednesday, September 24, 2008

DLNR mulls new system to handle noncriminal violations

By Robbie Dingeman
Advertiser Staff Writer

The state Department of Land and Natural Resources is moving a step closer to creating a new civil administrative system that proponents say could better handle noncriminal violations of laws governing natural and cultural resources.

Right now, someone who violates these law either gets away with it or is cited for violations of these laws. If cited, the violator goes to court or appears before the DLNR. The range of violations is large, including: net violations that have resulted in the deaths of endangered Hawaiian monk seals, camping permits, fishing regulations and taking of trees or other plants from protected areas.

Now, officials want to hear from the community at public hearings statewide, starting Oct. 2, on draft rules to establish a Civil Resource Violations System, designed to strengthen the agency's enforcement of violations of state natural and cultural resources laws. The state department held informational meetings earlier and came up with proposed rules.

"As part of our commitment to protecting Hawai'i's natural and cultural resources, we believe that establishing a civil resource violations system complements our existing criminal violations system, and will allow DLNR to process its noncriminal enforcement cases in a just, expeditious and cost-effective manner," said Laura H. Thielen, DLNR chairperson.

Thielen said a civil penalties system offers a reasonable alternative to criminal prosecution in those cases that are purely civil in nature and often minor. By setting up a process with a "reasonable fine and straightforward compliance similar to paying a traffic ticket," Thielen hopes the public will see more consistent enforcement that will discourage violations.

She said the meetings in July and August drew 114 attendees and many telephone calls and written comments. And they reaffirmed that people "care deeply about our resources and support more rigorous enforcement of our resource laws," she said.

If approved, the new process will be authorized as subchapter 7 under the Hawai'i Administrative Rules, Chapter 13-1. DLNR also proposes to amend other parts of the chapter relating to the administration of the department and proceedings before the Board of Land and Natural Resources.

Each public hearing will be preceded by a public information meeting to review the proposed rules and answer related questions.

The information meetings will start at 5:30 p.m., followed by the hearing at 6:30 p.m. However, on Lana'i and Moloka'i, the information meeting will start at 3:30 p.m., and the hearing at 4:30 p.m.

  • Maui: Oct. 2; Maui Waena Intermediate School, 795 Onehe'e Ave., Kahului.

  • Kaua'i: Oct. 7; Chiefess Kamakahelei Middle School, 4431 Nuhou St., Lihu'e.

  • O'ahu (1st meeting/hearing): Oct. 9; Mililani High school, 95-1200 Meheula Parkway, Mililani.

  • Lana'i: Oct. 14; Lana'i School Cafeteria, Fraser Avenue, Lana'i City.

  • Kona: Oct. 20; Kahakai Elementary School, 76-147 Royal Poinciana Drive, Kailua, Kona.

  • Hilo: Oct. 23 Hawai'i County Aupuni Center, Conference Room, 101 Pauahi St.

  • O'ahu (2nd meeting/hearing): Oct. 28, 2008; Stevenson Middle School, 1202 Prospect St., Honolulu.

  • Moloka'i: Oct. 30; Kulana 'Oiwi, DHHL Office Conference Room, 660 Maunaloa Highway, Kaunakakai.

    Written testimony may be submitted at the hearings or sent by Oct. 30, to: DLNR Administrative Proceedings Office, 1151 Punchbowl St., Room 130, Honolulu, HI 96813, or to DLNR.CO.APO@hawaii.gov.

    For more information and the proposed rules, visit http://hawaii.gov/dlnr/announcements/ or contact DLNR at 587-1496.

    Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.