Rules and Laws Pertaining to Endangered Wildlife
Under State law, PWC operators will be held responsible for any damage or injuries caused by operation of their vessels to the fullest extent of the law.
§13-124-2 Definitions. "Endangered wildlife" means any species, subspecies, or population of wildlife that has been officially listed by the federal government as endangered and any species, subspecies, or population of indigenous wildlife listed in, but not limited to the exhibit entitled "Exhibit 2, Chapter 124, List of Species of Endangered Wildlife in Hawaii, 11/1/14" and as updated.
§13-124-8 Penalty. Any person violating any part of this subchapter shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as follows
(1) For a first conviction, by a mandatory fine of not less than $100, or imprisonment of not more than thirty days, or both;
(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $500,or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State; and
(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $1,000, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State.
As previously stated: §13-244-40 Vessel operation in proximity of humpback whales. (a) No person shall approach by any means, or operate a vessel or other type of watercraft, or cause a vessel or other type of watercraft to approach within one hundred yards of any humpback whale within the waters of the State.
(b) No person shall approach by any means, or operate a vessel or other type of watercraft, or cause a vessel or other type of watercraft to approach within three hundred yards of any humpback whale within designated cow/calf areas.
(c) Federal regulations governing the approach of humpback whales in Hawaiian waters as contained in 50 CFR, PART 222, Subpart D, Section 222.31 "Special Provisions" are incorporated herein by reference.
