StarBulletin.com

Fines target violators of conservation laws


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POSTED: Tuesday, September 30, 2008

HILO » State officials are preparing a new system that would use fines instead of criminal charges to resolve minor infractions of state conservation and environmental protection laws.

Bin Li, of the state Department of Land and Natural Resources, is setting up the Civil Resources Violations System, which would include specific violations with specific fines. Some examples might be a bulldozer operating on private land crossing a boundary and causing damage on state land, a commercial fisherman being late in filing a report on his catch, or a boat owner being late in registering the boat.

Since there is now no civil process for such events, state officers report them as crimes to the prosecutor in each county. Even if prosecutors decide to take a case to court, judges don't like them since the relevant laws are often vague, Li said. Some accused people will fight minor cases because they don't want a criminal record.

Under the proposed system, a violator would be given a “;citation.”; Unlike a traffic ticket, there are no specific fines for violations, but that would be changed later. A person could contest a citation by taking it to a hearing officer.

Li said public meetings in July and August established that the public wants some method to stop violators from harming natural and cultural resources.

The next round of hearings in October will adopt rules for the system.

MEETINGS ON NEW SYSTEM

Public hearings for the state's proposed Civil Resources Violations System are scheduled for:

» Thursday at Maui Waena Intermediate School in Kahului

» Oct. 7 at Chiefess Kamakahelei Middle School in Lihue

» Oct. 9 at Mililani High School

» Oct. 14 at Lanai School

» Oct. 20 at Kahakai Elementary School in Kona

» Oct. 23 at Hawaii County Aupuni Center in Hilo

» Oct. 28 at Stevenson Middle School in Honolulu

» Oct. 30 at the Department of Hawaiian Home Lands office in Kaunakakai.

All meetings begin with public information at 5:30 p.m. followed by a hearing at 6:30 p.m., except those on Lanai and Molokai, which begin with information at 3:30 p.m. and a hearing at 4:30 p.m.