Title 1, General Provisions

[§6K-1] Administration of chapter. The Kaho`olawe island reserve commission and the department of land and natural resources shall administer this chapter. [L 1993, c 340, pt of §2]

[§6K-10] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application…

[§6K-2] Definitions. As used in this chapter, unless the context otherwise requires: "Commission" means the Kaho`olawe island reserve commission. "Department" means the department of land and natural resources. "Island reserve" means the area designated as the island of Kaho`olaw…

[§6K-3] Reservation of uses. (a) The Kaho`olawe island reserve shall be used solely and exclusively for the following purposes: (b) The island shall be reserved in perpetuity for the uses enumerated in subsection (a). Commercial uses shall be strictly prohibited. [L 1993, c 340, …

§6K-4 Powers and duties. The department and other departments and agencies of the State shall be subject to the oversight of the commission with regard to the control and management of the island reserve. Subject to section 6K-6, the department shall:

[§6K-4.5] Procurement; exemptions. Contracts made by the commission for the procurement of food or fuel products necessary to carry out the purposes of this chapter shall be exempt from chapter 103D; provided that the commission shall continue to comply with any reporting require…

§6K-5 Commission. (a) There is established the Kaho`olawe island reserve commission to be placed within the department of land and natural resources for administrative purposes as provided in section 26-35. The commission shall consist of seven members to be appointed in the mann…

§6K-6 Responsibilities and duties of the commission. The general administration of the island reserve shall rest with the commission. In carrying out its duties and responsibilities, the commission:

[§6K-7] Fishing. Section 6K-3 notwithstanding, the commission shall adopt rules pursuant to chapter 91 to permit fishing in the waters around Kaho`olawe that are consistent with the purpose of this chapter and that take into consideration the health and safety of the general publ…

§6K-8 Penalty. Any person who violates any of the laws or rules applicable to the island reserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be …

[§6K-8.5] General administrative penalties. (a) Except as otherwise provided by law, the commission is authorized to set, charge, and collect administrative fines, or bring legal action to recover administrative costs of the commission or the department, or payment for damages, o…

[§6K-8.6] Administrative violation system. With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the b…

[§6K-9] Transfer. Upon its return to the State, the resources and waters of Kaho`olawe shall be held in trust as part of the public land trust; provided that the State shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon …

§6K-9.5 Kaho`olawe rehabilitation trust fund. (a) There is created in the state treasury a trust fund to be designated as the Kaho`olawe rehabilitation trust fund to be administered by the department with the prior approval of the commission. Subject to Public Law 103-139, and th…