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West's Hawaii Administrative Code. Title 4. Department of Agriculture. Subtitle 6. Division of Plant Industry. Chapter 71. Plant and Non-Domestic Animal Quarantine, Non-Domestic Animal Import Rules. Subchapter 2. Non-Domestic Animal Introductions.



Country of Origin: United States - Hawaii

Agency of Origin: Department of Agriculture

National Citation: HI ADC 4-71-5 to 4-71-10

Agency Citation:

Printable Version Haw. Admin. Rules (HAR) 4-71-5 to 4-71-10


Last checked by Web Center Staff: 09/2013


Summary:   This chapter addresses the introduction of feral and other non-domestic animals into Hawaii. The regulations specify certain animals prohibited for introduction into the state and the process for permitted introductions. Certain animals require a bond with the department.
Material in Full:

SUBCHAPTER 2. NON-DOMESTIC ANIMAL INTRODUCTIONS

  § 4-71-5. Notice of Quarantine.

  § 4-71-6. Prohibitied Introductions.

  § 4-71-6.1. Ad Hoc Panel for Identification of Prohibited Hybrid Animal.

  § 4-71-6.5. Permitted Introductions.

  § 4-71-7. Bond for Certain Animals.

  § 4-71-8. Bonding Procedure.

  § 4-71-9. Conditions for Bonding.

  § 4-71-10. Failure to Comply With Bond Conditions.

Link to Hawaii Department of Agriculture Website:

List of Conditional Approved Animals (AR-71C.PDF)
 
List of Restricted Animals – For Research and Exhibition (AR-71RA.PDF)
 
List of Restricted Animals – For Private and Commercial Use (AR-71RB.PDF)
 
List of Prohibited Animals (AR-71P.PDF)

 


§ 4-71-5. Notice of Quarantine.

The board finds that there exists serious danger to the agricultural, horticultural, and aquacultural industries, natural resources, and environment of Hawaii by the uncontrolled introduction of feral and other non- domestic animals.

Adopted July 13, 1981; Compiled Sept. 19, 1991; Compiled Feb. 21, 1992; Compiled Sept. 13, 1993; Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Compiled Nov. 30, 2001; Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6, 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-6. Prohibitied Introductions.

(a) The introduction into Hawaii of live animals or live non- domestic animals as defined in this chapter at any stage of development is prohibited except for those animals on the lists incorporated in Section 6.5 by permit, and except as provided by section 150A-6.2, HRS.

(b) The list of animals designated as prohibited entry pursuant to section 150A-6.2, HRS, dated November 28, 2006, and located at the end of this chapter is made a part of this section. No person shall introduce into Hawaii any animal from the list of prohibited animals.

Adopted July 13, 1981; Amended and Compiled Sept. 19, 1991; Amended and Compiled Feb. 21, 1992; Amended and Compiled Sept. 13, 1993; Amended and Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Nov. 30, 2001; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-6.1. Ad Hoc Panel for Identification of Prohibited Hybrid Animal.

(a) The chairperson shall establish an ad hoc panel of no fewer than three members with applicable expertise in vertebrate biology to determine if an animal is a prohibited hybrid animal when the branch suspects that the lineage of the animal is not as stated by the owner or on other official documents.

(b) The ad hoc panel shall review all pertinent information including, but not limited to, expert consultations, health and pedigree certificates, owner's statements, branch findings, or viewings of the animal, to determine lineage of a suspect prohibited hybrid animal.

(c) After its review and determination the ad hoc panel shall report its findings to the branch, and appropriate action shall be taken by the branch on the disposition of the suspect hybrid prohibited animal. (d) In any contested case arising out of the identification of a suspected hybrid animal, the method of identification selected by the ad hoc panel shall not be overturned absent evidence of actual bias on the part of one or more of the ad hoc panel members or unless the method of identification lacks a scientific basis.

Adopted and Compiled Aug. 16, 1999; Compiled Nov. 30, 2001; Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6, 150A-6.2

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-6.5. Permitted Introductions.

(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter is only allowed:

(1) For those animals on the list designated as conditionally approved and dated November 28, 2006, or on the list designated as restricted entry, dated November 28, 2006, pursuant to section 150A-6.2, HRS, both of which lists are located at the end of this chapter and made a part of this section;

(2) By permit approved by the board or chief pursuant to sections 4-71-3 and 4-71-4; and

(3) After securing appropriate bond for certain animals pursuant to sections 4-71-7, 4-71-8, and 4-71-9.

(b) Pursuant to the requirements of subsection (a) herein, the introduction of animals on the lists of conditionally approved or restricted animals is allowed as follows:

(1) Animals on the list of conditionally approved animals, for individual possession, businesses, or institutions;

(2) Animals on Part A of the list of restricted animals, for research by universities or government agencies, exhibition in municipal zoos or government-affiliated aquariums, for other institutions for medical or scientific purposes as determined by the board, or for other purposes as specified in this chapter; and

(3) Animals on Part B of the list of restricted animals, for the purposes described in subsection (b)(2) herein or for private and commercial use, including research, zoological parks, or aquaculture production, except that animals in the order Primates shall not be allowed for import or possession for private or commercial use other than for purposes described in subsection (b)(2) or for primate sanctuaries, as determined by the board.

(c) The introduction of unlisted animals for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting scientific research that is not detrimental to agriculture, the environment, or humans is allowed for import and possession by a special permit on a case-by-case basis, if the importer can meet permit requirements or other guidelines as determined by the board pursuant to section 150A-6.2, HRS.

(d) The introduction of unlisted animals for the purpose of filming, performance, or exhibition is allowed by a short-term special permit on a case-by-case basis not to exceed 90 days for importation and possession if the importer can meet permit and bonding requirements as determined by the board pursuant to section 150A-6.2, HRS.

(e) The permittee shall obtain prior site approval for animals on the list of restricted animals and for unlisted animals under special permit as determined by the board.

(f) Restricted list animals and unlisted animals under special permit as determined by the board require a permit for both import and possession. Where a permit for a restricted list animal allows transfer or sale, the proposed transferee shall first obtain a permit for possession of the animal by application to the chief, site inspection approval, and satisfaction of any bond or other requirements applicable.

(g) The board may establish permit conditions including but not limited to, time, place, location, use, special precautions, health requirements, and safeguarding the animal from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state or federal laws. The permittee shall comply with the requirements of this chapter, chapter 150A, HRS, and specific permit conditions established by the board.

Adopted and Compiled Feb. 21, 1992; Amended and Compiled Sept. 13, 1993; Amended and Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Nov. 20, 2001; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Section 150A-6.2

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-7. Bond for Certain Animals.

The applicant shall secure an appropriate bond, as specified in this chapter, for the following:

(1) Monkeys, apes, baboons, chimpanzees, gibbons, lemurs, pottos, wallabies, and any other animal that the board or chairperson may require to be bonded as a condition for importation or possession;

(2) Any offspring of bonded animals; and

(3) Certain performing animals in a circus, carnival, commercial filming for television or movie productions, or other performance or exhibition under short-term permit that have been permitted entry by the chairperson without advisory committee review and board action pursuant to section 4-71-3(e), or certain unlisted animals that have been permitted entry by the board under special permit pursuant to section 150A-6.2, HRS.

Adopted July 13, 1981; Amended and Compiled Sept. 19, 1991; Compiled Feb. 21, 1992; Amended and Compiled Sept. 13, 1993; Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Nov. 30, 2001; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-8. Bonding Procedure.

(a) When required in this chapter, the bonding of animals shall be by cashier's check, or cash secured with the department.

(b) An appropriate individual bond shall be secured with the department for the sum of three thousand dollars for each animal except as provided for in subsection (c).

(c) An appropriate individual bond shall be secured with the department for the sum of two thousand dollars for each animal for owners holding valid United States Department of Agriculture licenses under the Animal Welfare Act.

(d) A cashier's check or cash secured with the department as a bond, shall be returned to the owner without interest, upon verification of the death or exportation of the animal, or the transfer or sale of the animal to a new owner who has secured the necessary bond and permit in advance of the transfer.

(e) Government organizations, such as municipal zoos, and animal sanctuaries determined by the United States Internal Revenue Service to be not-for-profit entities are exempt from the bonding requirements of this section.

Adopted July 13, 1981; Amended and Compiled Sept. 19, 1991; Compiled Feb. 21, 1992; Amended and Compiled Sept. 13, 1993; Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Nov. 30, 2001; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-9. Conditions for Bonding.

An owner, dealer, or organization shall import and maintain bonded animals under the following conditions:

(1) The owner, dealer, or organization shall submit information to the chief with respect to the number, sex, if determinable, and species of animal;

(2) The animal shall be kept in captivity and as required by permit conditions at all times;

(3) The chief shall be notified immediately upon the escape of any bonded animal;

(4) The chief shall be notified immediately upon the death of the bonded animal and the carcass shall be presented immediately to the state veterinarian or his designate for examination and verification;

(5) Out-of-state movement of a bonded animal shall be verified by an inspector in advance of the movement and after prior arrangements for verification have been made with the chief;

(6) An animal may be sold or given away in Hawaii only to persons who have secured an appropriate bond with and acquired a permit from the department prior to the sale or transfer;

(7) A bond or cashier's check in the appropriate amount required under section 4-71-8 shall be kept in full force and effect;

(8) The owner, dealer, or organization shall report to the chief the birth of and secure an appropriate bond and permit for any offspring within thirty calendar days of the birth;

(9) The owner, dealer, or organization shall report to the chief any change of mailing address and related contact information within seven business days of the change; and

(10) The owner, dealer, or organization possessing a valid United States Department of Agriculture license under the Animal Welfare Act shall report to the chief any suspension, revocation, or expiration of the required federal license within seven business days of the license status change.

Adopted July 13, 1981; Amended and Compiled Sept. 19, 1991; Compiled Feb. 21, 1992; Compiled Sept. 13, 1993; Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

§ 4-71-10. Failure to Comply With Bond Conditions.

(a) The department may seize the bonded animal, and foreclose on the bond or retain such sums secured by cash or cashier's check upon failure of the owner to comply with the bonding conditions in section 4-71-9.

(b) Should the bonded animal escape, the owner shall take necessary action to recapture the animal. If the owner fails to recapture the animal within one week after escape or when the animal becomes a nuisance or poses a serious threat to the community, the department may employ its resources to recapture the animal after due notice to the owner. The owner shall be held responsible for the cost incurred by the department.

(c) Any bonded animal that is captured after escape or seized pursuant to section 4-71-10 may be sold at a private sale, shipped out state, donated to a government agency, or destroyed no sooner than fifteen days after cancellation of the bond.

Adopted July 13, 1981; Amended and Compiled Sept. 19, 1991; Compiled Feb. 21, 1992; Amended and Compiled Sept. 13, 1993; Compiled Jan. 30, 1995; Amended and Compiled Aug. 16, 1999; Amended and Compiled Apr. 6, 2007

AUTHORITY: HRS Sections 141-2, 150A-9. Imp: HRS Sections 150A-6.2, 150A-7

Current through the Hawaii Administrative Rules Listing of Filings, with amendments received through August 2013.

 

 



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