§6D-1 Definitions. As used in this chapter: “Board” means the board of land and natural resources. “Cave” means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not […]
§6D-10 Confidentiality. (a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall be kept confidential. (b) Notwithstanding subsection (a), where an owner still believes that dissemination of knowledge […]
§6D-11 General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may: (1) Set, pursuant to subsection (b), charge, and collect administrative fines or bring legal […]
§6D-12 Criminal penalties. (a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates 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: […]
§6D-13 Penalties cumulative. (a) 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 […]
§6D-2 Prohibitions. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave resources within the cave, whether attached or broken, including […]
§6D-3 Pollution. (a) It shall be unlawful for any person to store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave or cave entrance; provided that: (1) Any cesspool or leach field that is otherwise legal and existing on June 28, 2002 shall continue to […]
§6D-4 Disturbance of native organisms. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate agency. This is not intended to restrict normal fishing and gathering in accordance […]
§6D-5 Sale. It shall be unlawful for any person to sell or offer for sale speleothems and speleogens removed from caves. [L 2002, c 241, pt of §2]
§6D-6 Commercial entry. (a) Any person allowing or establishing commercial entry to a cave shall obtain from the board a permit to open the cave for public entry. The department shall charge a reasonable permit processing fee and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. (b) Any […]
§6D-7 Access. No person may enter or traverse a cave, or any segment thereof, without the property owner’s prior written consent. [L 2002, c 241, pt of §2]
§6D-8 Burial discovery. Anyone traversing a cave who discovers a burial site shall immediately cease their activity and leave the cave. The discovery shall be reported as soon as possible to the department. The department shall follow the procedures described in section 6E-43.6. [L 2002, c 241, pt of §2]
§6D-9 Liability. (a) An owner of a cave who either directly or indirectly invites or permits without charge any person to use the cave for educational, native Hawaiian cultural, or scientific purposes does not: (1) Extend any assurance that the premises are safe for any purpose; (2) Confer upon the person the legal status of […]
