DLNR CITING ILLEGAL VENDORS ON STATE LAND

Violations on rise in Kauai County

News Release from DLNR December 26, 2013

LIHUE -- The Department of Land and Natural Resources (DLNR) Division of Conservation and Resources Enforcement (DOCARE) has noticed a significant increase in illegal vending on state land throughout Kauai County and reminds the public that violations are punishable by a fine and/or jail time. Officers have generally observed illegal venders engaged in commercial activities, selling craft items and other merchandise to members of the public. DOCARE has specifically issued citations at Opaekaa Falls and Wailua Falls, both areas under the jurisdiction of Division of State Parks. 

Pursuant to Hawaii Administrative Rule (HAR) § 13-146-68, no person shall engage in commercial activities of any kind, without a written permit from the Board of Land and Natural Resources or its authorized representative. 

“‘Commercial activity’ means the use of or activity in a state park for which compensation is received by any person for goods or services or both rendered to customers or participants in that use or activity. These activities include display of merchandise, demanding or requesting gifts, money, or services,” said William J. Aila, Jr., DLNR chairperson. “Illegal vending impacts a visitor’s experience to Hawaii State Parks by decreasing accessibility, devaluing the wilderness experience, and overusing resources.” 

Commercial activities also include activities whose base of operations are outside the boundaries of the state park, or provide transportation to or from the state park.

Violation of this rule is a petty misdemeanor, punishable by a fine of up to $1,000 and/or 30 days in jail. Any materials, tools, equipment, or vehicles used in the violation may also be subject to seizure and forfeiture by DLNR. 

If the public has any questions regarding the rules on commercial activities, they can call Kauai DOCARE at (808) 274-3521.

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