WAILUKU » State conservation officials are cracking down on boaters who damage reefs - the latest being a snorkel tour company on Maui that allegedly let its anchor chain destroy hundreds of coral heads.

The state Division of Aquatic Resources said a maximum fine of up to $542,950 could be imposed on Makena Boat Partners for damaging stony corals in Makena Bay from July through August 2007.

The state Land Board is scheduled to review the division's report at its monthly meeting today in the Kalanimoku Building in Honolulu.

Land Board Chairwoman Laura Thielen said the state has laws that protect coral reefs, but these laws have been “;underutilized by the department.”;

“;The department is making it a priority to protect this important but vulnerable natural resource,”; she said.

The division alleges that while illegally moored in Makena Bay, the company's vessel Kai Kanani damaged about 910 square meters of coral habitat and up to 538 specimens of coral. State aquatic divers said the anchor chain dragging along the bottom did the damage.

The company operates a commercial snorkeling and whale-watching charter service at Molokini and Makena Bay.

State officials note that stony corals are native to Hawaii and the building blocks of coral reef ecosystems. If the board finds that a violation has occurred, it has the discretion to fine the company up to $1,000 per specimen of stony coral broken or damaged.

Thielen said Makena Boat was cited by state conservation enforcement officials on Aug. 1, 2007, but did not remove its vessel until Aug. 24, allowing additional damage to the reef. Thielen said the citation in 2007 was not the first time the company had violated the law.

The company was cited by conservation enforcement in 1988 and paid a $500 file for illegally mooring within Makena Bay, according to state officials.

Attorney Dennis Niles, representing Makena Boat Partners, said the owner thought the issue had been resolved when it paid a $200 fine in October 2007 after pleading no contest in court to a criminal violation in the August 2007 incident.

Niles said the latest attempt to fine the owner raises questions about double jeopardy, since the state had an opportunity to make a request for fines and penalties in court.

Niles raised questions about whether a jury trial might be the proper way to determine a large fine, rather than a Land Board decision.

Last month, under a settlement with the Land Board, Maui Dive Shop agreed to pay nearly $397,000 for damaging coral within the Molokini Shoal Marine Life Conservation District, as a result of one of its vessels sinking in September 2006.