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Hawaii

West's Hawai‘i Revised Statutes Annotated. Division 1. Government. Title 12. Conservation and Resources. Subtitle 4. Forestry and Wildlife; Recreation Areas; Fire Protection. Chapter 183D. Wildlife.

Statute Details
Printable Version
Citation: HI ST § 183D-1 - 12

Citation: H R S § 183D-1 - 12


Last Checked by Web Center Staff: 10/2010

Summary:   These statutes comprise Hawaii's wildlife provisions.


Statute in Full:

Part I. General Provisions

§ 183D-1. Definitions

§ 183D-2. Powers and duties of department

§ 183D-3. Rules

§ 183D-4. Game management areas, wildlife sanctuaries, public hunting areas

§ 183D-5. Penalties

§ 183D-6. Permits for taking wildlife for scientific, educational, or propagation purposes

§ 183D-7. Expenditures

§ 183D-8. Cooperation with other governmental authorities

§ 183D-9. Federal aid in wildlife restoration

§ 183D-10. Repealed by Laws 1988, ch. 67, § 4

§ 183D-10.5. Wildlife revolving fund; establishment

§ 183D-11. Informer's fee

§ 183D-12]. General administrative penalties

 

Part I. General Provisions


§ 183D-1. Definitions

As used in this chapter, unless the context indicates otherwise:

“Aquaculture” means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes.

“Aquatic life” means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof.

“Board” means the board of land and natural resources.

“Department” means the department of land and natural resources.

“Game” means birds and mammals designated by law or by rule for hunting.

“Game birds” means birds designated by law or by rule for hunting.

“Game mammals” means mammals designated by law or by rule for hunting.

“Predators” means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats.

“Take” means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess.

“Wild birds” means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds.

“Wildlife” means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section.

“Wild mammals” means mammals, other than game mammals, living in a wild and undomesticated state, and the young of those mammals.

 

§ 183D-2. Powers and duties of department

The department shall:

(1) Manage and administer the wildlife and wildlife resources of the State;

(2) Enforce all laws relating to the protecting, taking, hunting, killing, propagating, or increasing the wildlife within the State and the waters subject to its jurisdiction;

(3) Establish and maintain wildlife propagating facility or facilities;

(4) Subject to the provisions of title 12, import wildlife for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction;

(5) Distribute, free of charge, as the department deems to be in the public interest, game for the purpose of increasing the food supply of the State; provided that when in the discretion of the department the public interest will not be materially interfered with by so doing, the department may propagate and furnish wildlife to private parties, upon such reasonable terms, conditions, and prices as the department may determine;

(6) Ascertain, compile, and disseminate, free of charge, information and advice as to the best methods of protecting, propagating, and distributing wildlife in the State and the waters subject to its jurisdiction;

(7) Gather and compile information and statistics concerning the area, location, character, and increase and decrease of wildlife in the State;

(8) Gather and compile information concerning wildlife recommended for release in different localities, including the care and propagation of wildlife for protective, productive, and aesthetic purposes and other useful information, which the department deems proper;

(9) Have the power to manage and regulate all lands which may be set apart as game management areas, public hunting areas, and wildlife sanctuaries;

(10) Pursuant to section 183D-65 of this chapter, destroy predators deemed harmful to wildlife;

(11) Formulate, and from time to time recommend to the governor and legislature, such additional legislation necessary or desirable to implement the objectives of title 12; and

(12) Preserve, protect, and promote public hunting.

 

§ 183D-3. Rules

Subject to chapter 91, the department shall adopt, amend, and repeal rules:

(1) Concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department;

(2) Protecting, conserving, monitoring, propagating, and harvesting wildlife;

(3) Concerning size limits, bag limits, open and closed seasons, and specifications of hunting gear which may be used or possessed; and

(4) Setting fees for activities permitted under this chapter, unless otherwise provided for by law.

The rules may vary from county to county or in any part of the county and may specify certain days of the week or certain hours of the day in designating open seasons, except that any fees established by rule shall be the same for each county. All rules shall have the force and effect of law.

 

§ 183D-4. Game management areas, wildlife sanctuaries, public hunting areas

(a) For the purposes of preserving, protecting, conserving, and propagating wildlife, the department shall establish, maintain, manage, and operate game management areas, wildlife sanctuaries, and public hunting areas on land under its control and, as it deems desirable, enter into agreements for taking control of privately owned lands for those purposes.

(b) For the purposes of this section:

“Game management area” means an area so designated by either executive order, rule, cooperative agreement, or action of the board of land and natural resources that has been set aside for the primary purpose of managing, sustaining, and enhancing habitat and populations of game mammals and/or game birds, and providing public hunting and, secondarily, other compatible uses.

“Public hunting area” means those lands designated by the board of land and natural resources as areas where the public may hunt game birds and mammals, including:

(1) Game management areas;

(2) Forest reserves and surrendered lands;

(3) Natural area reserves;

(4) Restricted watersheds;

(5) Cooperative game management areas;

(6) Military training areas;

(7) Unencumbered state lands;

(8) Designated sanctuaries; and

(9) Other lands designated by the board.

 

§ 183D-5. Penalties

(a) Any person violating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted under this chapter 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.

(b) Any person violating section 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, 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 $2,000, or by imprisonment of not more than one year, 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.

(c) Any person who violates section 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be fined not less than $100 or imprisoned not more than thirty days, or both.

(d) In addition to any other penalty imposed under this section, a mandatory fine of $100 shall be levied for each bird illegally taken under this chapter and a mandatory fine of $500 shall be levied for each mammal illegally taken under this chapter.

(e) Any person who is convicted of violating any of the game laws of the State shall immediately have their hunting license forfeited and any person convicted for a second offense shall not be granted a license to hunt for a period of three years after the date of the second conviction.

(f) The court, in lieu of the actual cash payment of any mandatory fine, may allow the defendant to perform such community service as directed by the department of land and natural resources at the rate of one hour of service for every $10 of mandatory fine imposed.

(g) Any criminal action against a person for any violation of 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 administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person.

 

§ 183D-6. Permits for taking wildlife for scientific, educational, or propagation purposes

(a) Notwithstanding the provisions of any other law, the department may take wildlife for scientific, educational, or propagation purposes, except as prohibited by chapter 195D.

(b) Notwithstanding the provisions of any other law, the department may issue permits to any person to take wildlife in any part of the State, for scientific, educational, or propagation purposes, except as prohibited by chapter 195D and subject to the rules adopted by the department. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

(c) Any wildlife taken under the authority of the permit shall be accompanied by the permit while being taken or transported and shall be exempt from seizure while being transported or while in possession, in accordance with the permit.

 

§ 183D-7. Expenditures

(a) The department may expend all appropriations made for the purpose of effectuating the objectives of title 12. The department may expend proceeds in the wildlife revolving fund, without appropriation or allotment as authorized under section 37-40, for the purposes specified under section 183D-10.5. All expenditures by the department shall be approved and certified by the board.

(b) To further the purposes of title 12, the department may use lands set apart for its use by the governor, and may accept gifts and contributions of property or service or enter into contracts for the furtherance of the purposes of this chapter, from the State or from any county or other government or from private parties.

 

§ 183D-8. Cooperation with other governmental authorities

The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States, or other governmental authorities having an interest in the subject matter of this chapter, in every way possible, for the promotion of the purposes of this chapter. More specifically the department may permit the appropriate agency of the United States to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree.


§ 183D-9. Federal aid in wildlife restoration

The State assents to the provisions of the Pittman-Robertson Federal Aid in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. § 669), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative wildlife restoration and management projects, as defined in the Act of Congress and in compliance with the Act and rules and regulations promulgated by the Secretary of the Interior thereunder; provided that federal aid funds granted under the Act shall be used for the purposes of approved projects, and no funds accruing to the State from license fees paid by hunters shall be diverted for any purpose other than as provided for in the Act and rules and regulations promulgated pursuant thereto.


§ 183D-10. Repealed by Laws 1988, ch. 67, § 4


§ 183D-10.5. Wildlife revolving fund; establishment

(a) There is established a wildlife revolving fund under the department of land and natural resources.

(b) The following proceeds shall be retained by or transmitted to the department of land and natural resources for deposit into the wildlife revolving fund:

(1) Moneys collected as fees for hunting licenses, attendance of hunter education training programs, and use of public target ranges;

(2) Moneys collected under the provision of any law relating to the importation, taking, catching, or killing of game, wildlife, and products thereof;

(3) Moneys, other than informers' fees authorized under section 183D-11, collected as fines or bail forfeitures for violation of this chapter or any provision of chapter 195D concerning wildlife conservation; and

(4) Moneys collected from the sale of:

(A) Any article, in addition to a hunting license, which a person is required to purchase from the department in order to hunt, when the requirement is established by law or rule; and

(B) Any work of art upon which the article under subparagraph (A) is based.

(c) Expenditures from the wildlife revolving fund shall be limited to the following:

(1) For programs and activities to implement or enforce this chapter, including the provision of state funds to match federal aid grants under the Pittman-Robertson Federal Aid in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. § 669), as amended, for projects concerning wildlife;

(2) For programs and activities to implement or enforce chapter 195D concerning wildlife conservation;

(3) For acquisition of the use, development, or maintenance of trails and accessways into or through forest reserves, natural area reserves, game management areas, wildlife sanctuaries, public hunting areas, private and commercial shooting preserves, or private lands where hunting or hiking by the public is authorized; and

(4) For research programs and activities concerning wildlife conservation and management. Research programs and activities funded under this paragraph may be conducted by personnel of the department or through grants-in-aid to or contracts with the University of Hawaii or other qualified persons.

(d) The proceeds of the wildlife revolving fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or other instruments of indebtedness.

(e) In addition to subsections (c) and (f), the department may use moneys in the wildlife revolving fund for the importation into, and the management, preservation, propagation, and protection of, game or wildlife in the State; provided that the department prior to authorizing expenditures or expending funds from the wildlife revolving fund shall first use those funds to maximize the State's participation to secure federal funds under the Pittman-Robertson Federal Aid in Wildlife Restoration Act, as amended.

(f) Nothing in this section shall be construed as prohibiting the funding with general funds or other funds of programs and activities to implement or enforce this chapter or chapter 195D concerning wildlife conservation.

(g) The department shall prepare and submit an annual report on the status of the wildlife revolving fund to the legislature no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to:

(1) The source and application of moneys deposited into the fund, including a description of the criteria and process used to determine funding priorities;

(2) A description of programs and activities supported by the fund;

(3) A summary of program highlights and accomplishments; and

(4) A description of future program plans, including specific goals and objectives.

 

§ 183D-11. Informer's fee

One-half of the fine imposed and collected in all cases where the defendant has been convicted for a violation of any of the provisions of this chapter or chapter 195D shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply, if the informer is a regular salaried sheriff, deputy sheriff, police officer, warden or constable, or officer or agent of the department.


[§ 183D-12]. General administrative penalties

(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative costs of the department or payment for damages or for the cost to correct damages resulting from a violation of subtitle 4 of title 12 or any rule adopted thereunder. The administrative fines shall be as follows:

(1) For a first violation, by a fine of not more than $10,000;

(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and

(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.

(b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of wildlife taken, killed, injured, or damaged in violation of subtitle 4 of title 12 or any rule adopted thereunder.

(c) Any criminal action against a person for any violation of subtitle 4 of title 12 or any rule adopted thereunder 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 administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person.

 



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