Haw. Rev. Stat. § 171-68 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-68
Applicants; qualifications of.
Status: in_force

(a) A person shall be eligible to apply for a farm if the person has the qualifications as follows:

(1) The person has been a resident in the State at any time for at least three years;

(2) The person is a bona fide farmer; provided that the person meets any of the following criteria:

(A) Has not less than two years of experience as a full-time farmer;

(B) Was an owner-operator of an established farm conducting a substantial farming operation and for a substantial period of the person's life resided on a farm or depended on farm income for the person's livelihood;

(C) Has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the person's application obtained the major portion of the person's income from farming operations;

(D) Has a college degree in agriculture;

(E) By reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;

(F) Has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm;

(G) Is displaced from employment in an agricultural production enterprise; or

(H) Is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects; or

(3) The person meets any other qualifications the board may prescribe pursuant to section 171-6.

(b) No person shall be entitled to apply for a farm:

(1) Who, or whose spouse, has previously taken or held land for farm or homesteading under any certificate, lease, or agreement or under any homestead lease or patent based thereon; or

(2) Who, or whose spouse, or both of them, owns in fee simple other land in the State, the combined area of which with the land in question exceeds eighty acres; provided that:

(A) The ownership of a residence lot or tract, not exceeding three acres in area, shall not disqualify any person otherwise qualified from applying for and receiving any form of farm; and

(B) Any person who would otherwise qualify to take a farm lot shall not be disqualified by reason of taking, holding, or owning land for farm or homesteading or otherwise, if the land taken, held, or owned becomes unusable for the purpose of farming as defined in section 171-65.

(c) If the person is an association formed under chapter 421, the person shall be eligible to apply for a farm if the association has at least fifty-one per cent ownership by one or more members who satisfy the qualifications under subsection (a)(1) through (3) and who are not disqualified under subsection (b).

(d) The terms "farm" and "farmer" as used herein also mean ranch and rancher respectively for the purposes of this section. [L 1962, c 32, pt of §2; am L 1965, c 239, §34; Supp, §103A-64; HRS §171-68; am L 1975, c 135, §2; gen ch 1985; am L 2024, c 194, §3]
Haw. Rev. Stat. § 188-23.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-23.5
[ §188-23.
Status: in_force

[ §188-23.5] Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state marine waters, any unmanned aerial vehicles, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department of land and natural resources; provided that unmanned aerial vehicles may be used for the purpose of simple reconnaissance. The department of land and natural resources may issue permits for the possession or use of unmanned aerial vehicles consistent with other legal requirements.

(b) As used in this section, "unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. [L 2022, c 207, §1]
Haw. Rev. Stat. § 183-14 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-14
Vested rights protected.
Status: in_force

Nothing in sections 183-11 to 183-13 contained shall be held in any way to interfere or conflict with any vested rights under or arising out of any grant, lease, or license of or concerning any government lands or water rights, or rights-of-way. Nor shall anything in such sections contained be construed to change any rights in or concerning any water upon or flowing from or through any land set apart or surrendered as a forest reserve, or as depriving or limiting any state officer from exercising any existing power or authority or any power which may hereafter be created to deal with such water or water rights, or rights-of-way.
Haw. Rev. Stat. § 174C-85 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-85
Well completion report.
Status: in_force

Within thirty days after the completion of the well, the well driller and pump installation contractor shall file with the commission a written report containing such information prescribed by the commission, including, as appropriate: the depth, thickness, and character of the different strata penetrated and the location of water-bearing strata; the date of completion of the well; the length, size, and weight of the casing and a description of the placement of the casing; the size of the drilled hole; where the well is sealed off; the type of seal; the number of cubic feet per second or gallons per minute of flow from the well; the pressure in pounds per square inch, if a flowing well, and the static water level and water temperature, if a nonflowing well; and a chemical analysis of a water sample drawn from the well.
Haw. Rev. Stat. § 196-7.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-7.5
Placement of electric vehicle charging system.
Status: in_force

(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar agreement, however worded, from installing an electric vehicle charging system on or near the parking stall of any multi-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

(b) Every private entity may adopt rules that reasonably restrict the placement and use of electric vehicle charging systems for the purpose of charging electrical vehicles in the parking stalls of any multi-family residential dwelling or townhouse; provided that those restrictions shall not prohibit the placement or use of electric vehicle charging systems altogether. No private entity shall assess or charge any homeowner any fees for the placement of any electric vehicle charging system; provided that the private entity may require reimbursement for the cost of electricity used by such electric vehicle charging system.

(c) Any person may place an electric vehicle charging system on or near the parking stall of any multi-family residential dwelling or townhouse unit owned by that person; provided that:

(1) The system is in compliance with any rules and specifications adopted pursuant to subsection (b);

(2) The system is registered with the private entity of record within thirty days of installation;

(3) If the system is placed on a common element or limited common element as defined by a project's declaration, the homeowner shall first obtain the consent of the private entity; provided further that such consent shall be given if the homeowner agrees in writing to:

(A) Comply with the private entity's design specification for the installation of the system;

(B) Engage a duly licensed contractor to install the system; and

(C) Within fourteen days of approval of the system by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy.

(d) If an electric vehicle charging system is placed on a common element or limited common element:

(1) The owner and each successive owner of the parking stall on which or near where the system is placed shall be responsible for any costs for damages to the system, common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the system. The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the electric vehicle charging system has been removed from the common elements or limited common elements. The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under the policy; and

(2) The owner and any successive owner of the parking stall on which or near where the system is placed shall be responsible for removing the electric vehicle charging system if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements.

(e) For the purpose of this section:

"Electric vehicle charging system" means a system that is designed in compliance with Article 625 of the National Electrical Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging system may include several charge points simultaneously connecting several electric vehicles to the system.

"Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which a homeowner's compliance is required. [L 2010, c 186, §1]
Haw. Rev. Stat. § 184-4.5 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-4.5
[ §184-4.
Status: in_force

[ §184-4.5] Smoking or use of tobacco products prohibited. (a) Within the state park system, it shall be unlawful for any person to engage in:

(1) Smoking; or

(2) The use of tobacco products;

provided that the department may designate exclusive use areas that shall not be subject to this section.

(b) Clearly legible signs shall be conspicuously posted at each park; provided that any signs posted by the department pursuant to this section shall use letters of not less than one inch in height.

(c) For purposes of this section:

"Cigar" means any roll for smoking made wholly or in part of tobacco if the product is wrapped in any substance containing tobacco.

"Cigarette" means any roll for smoking that:

(1) Is made wholly or in part of tobacco, irrespective of size or shape or whether the tobacco is flavored, adulterated, or mixed with any other ingredient; and

(2) Has a wrapper or cover that is made of paper or any other substance or material other than tobacco.

"Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

"Smoking" means inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar, or pipe or the use of an electronic smoking device.

"Tobacco products" means tobacco in any form, other than cigarettes, that is prepared or intended for consumption or for personal use by humans, including cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco. [L 2015, c 123, §1]
Haw. Rev. Stat. § 183-19 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-19
Exclusion of livestock from forest reserves, game management areas, public hunting areas, and natural area reserves; notice.
Status: in_force

When branded wild cattle or horses are found on any forest land, game management area, public hunting area, or natural area reserve in the State, which land is duly set apart and established as a forest reserve, game management area, public hunting area, or natural area reserve, or if the land is privately owned and surrendered as defined in section 183-15, the department, in all cases where the land is so set apart and established as a forest reserve, game management area, public hunting area, or natural area reserve, whether from privately owned lands or public lands, may remove, shoot, or destroy the cattle or horses without compensation to the owner, after thirty days' public notice of the intended action in the county where the cattle or horses are found.
Haw. Rev. Stat. § 197-1 — HI Code / Division 1 / Title 12 / Chapter 197 / Section 197-1
Definitions.
Status: in_force

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

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

"Board" means the board of land and natural resources.

"Commission" means the animal species advisory commission.

"Conservation" means to use and the use of all methods and procedures for the purpose of managing populations of aquatic life and wildlife and their habitats.

"Department" means the department of land and natural resources.

"Habitat" means a locality or environment in which aquatic life, wildlife or land plants (as defined in chapter 195D) grow or live.

"Indigenous species" means any aquatic life, wildlife, or land plant (as defined in chapter 195D) growing or living naturally in Hawaii without having been brought directly or indirectly to Hawaii.

"Introduction" means an act of establishing aquatic life or wildlife into a habitat to which it is not indigenous.

"Take" means to fish, trap, hook, net, spear, harvest, pick or withdraw aquatic life from the water, or to injure, hunt, shoot, wound, kill, trap, net, capture, or possess wildlife.

"Wildlife" means any non-domesticated member of the animal kingdom, including game birds and mammals designated by law or rules for hunting, whether reared in captivity or not, and includes any part, product, egg or offspring thereof, except aquatic life as defined in this section. [L 1985, c 74, pt of §1; am L 2021, c 145, §2]
Haw. Rev. Stat. § 173A-12 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-12
Federal and other grants.
Status: in_force

The board and any county may comply with any condition, regulation, restriction, or requirement imposed by the United States or any other governmental agency, or by any person in any program providing grants or other funds for the acquisition of land having value as a resource to the State.
Haw. Rev. Stat. § 174-13 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-13
Petition of land occupiers for formation of water project.
Status: in_force

Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the board of land and natural resources requesting that the project be organized. Where any of the lands of the petitioners in the proposed area are leased lands, it shall be necessary for the lessor and lessee to join in the petition. The petition shall contain a general description and the acreage of the area proposed to be organized into a water project and shall state the acreage owned or leased by each of the petitioners within that area. Before the board shall commence any water project involving homesteaded lands of the Hawaiian homes commission, it shall require the commission to assure the payment of any acreage assessment thereon, in pursuance of section 208(5) of the Hawaiian Homes Commission Act, 1920.
Haw. Rev. Stat. § 196-68 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-68
Compliance with revenue bond law.
Status: in_force

For purposes of assuring conformity of and compliance with part III of chapter 39, it is determined as follows:

(1) For purposes of section 39-51, " revenues " shall include the green infrastructure fee and the proceeds of green infrastructure property ; " loan program " shall include the loan program authorized under section 196-62; and "undertaking" shall include financing of the loan program through the issuance of green infrastructure revenue bonds;

(2) In addition and supplemental to any covenants recognized under section 3 9-60, any resolution, certificate , or indenture approved by the department may have additional or alternative covenants as may be consistent with this chapter, and the department may enter into a trust indenture, servicing agreement , or other financing documents having terms and conditions consistent with the financing order issued under section 269- 163 ;

(3) In addition and supplemental to the power to impose rate s , rentals, fees, or charges required under section 39-61, the department shall impose, adjust, and collect the green infrastructure fee as provided in section 269- 166 and the financing order issued pursuant thereto; and

(4) In addition and supplemental to the uses specified in section 39-62, the green infrastructure fee shall be applied as provided in this chapter, the financing order, the certificate issued by the department , and any financing documents executed by the department in connection with the bonds. [L 2013, c 211, pt of §2]
Haw. Rev. Stat. § 171-42 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-42
Hotel and resort uses.
Status: in_force

Public land may be leased for hotel or resort development, if the department of business, economic development, and tourism finds that the land possesses the amenities for a successful hotel and resort development and that the advantages of its placement for such use outweigh those inherent in free public use in its natural state. Where the land being disposed of for hotel or resort use is divisible into more than one economic unit, the division shall be made prior to disposition, provided that firm use controls shall be imposed to assure that the development of each unit is compatible with the others. Provisions for community operations of shopping areas, golf courses, and other similar facilities shall be encouraged, with special assessments for the maintenance of these community facilities. Where public land disposed of for hotel or resort use is adjacent to any beach, waterway, or historic monument or landmark, the disposition shall be subject to reservations of public right-of-way or public access at all times to such beach, waterway, historic monument, or landmark.

The board of land and natural resources may, with the prior approval of the governor, and subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both, in any regular session next following the date of disposition, sell in fee simple or lease with option to purchase, raw, unimproved public land for hotel and resort use; provided that:

(1) The board first finds that the land is suitable for resort development and that its use for resort purposes will promote the economic development of the State;

(2) The purchaser submits development plans for the area to be purchased which conform with applicable county or city and county zoning and subdivision requirements;

(3) The board finds upon independent study of these plans that the proposed development is compatible with the developments in the area in general and consistent with good sound planning;

(4) The purchaser agrees to construct, improve, and put in all off-site and on-site improvements as may be required by the board which may include any or all of the following--all major and minor auxiliary roads and highways as well as all local streets, all connecting water lines and mains to existing lines and mains, all necessary sewer lines, sewage treatment, or disposal plants, all pumping stations, all reservoirs, golf courses, recreational areas, shopping centers, and all other improvements necessary to develop the raw land into an economic resort enterprise;

(5) The purchaser agrees to complete all improvements within the time limitations set by the board;

(6) The title to the land shall remain in the State until the purchaser has made all payments required in the terms of the sale and has constructed the improvements as agreed; provided that where the purchaser finds it necessary to secure a loan to finance the construction of the improvements the board may issue a patent or deed upon the execution in favor of the State of a performance and payment bond conditioned upon the payment of an amount equal to one hundred per cent of the improvement cost. The bond shall by its terms inure to the benefit of the State;

(7) The board shall sell for resort uses only that portion of the public lands in the proposed resort area which it finds to be absolutely necessary to give the purchaser self-sustaining economic operations; provided that no public land shall be included in the sale for these purposes which will not actually be improved and used in the resort area for resort purposes;

(8) The lessee with an option to purchase shall not be permitted to exercise the option until the lessee has complied with all the terms and conditions of the lease, including but not limited to the construction or erection of improvements as may be required by the board.

In any disposition under this section the board shall give consideration to the needs of the public for beach area above the high water mark.

Upon a finding by the board that the public interest demands it, the board may lease, lease with option to purchase, or sell in fee simple such public lands by negotiation; subject to the provisions contained in this section and to such other terms and conditions contained in this chapter. [L 1962, c 32, pt of §2; am L 1963, c 2, §1 and c 196, §§2, 3, 4; am L 1965, c 239, §21; Supp, §103A-42; HRS §171-42; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 189-44 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-44
Functions, powers, and duties of the director.
Status: in_force

In performance of, and with respect to, the functions, powers, and duties vested in the director by this part, the director shall:

(1) Prescribe the qualifications for eligibility of applicants for loans.

(2) Establish preferences and priorities in determining eligibility for loans.

(3) Establish the conditions, consistent with the purposes of this part, for the granting of the loan.

(4) Provide for inspection, at reasonable hours, of the vessel, records and books of an individual or enterprise who has applied for or has been granted a loan and to require the submission of periodic reports.

(5) Adopt rules and regulations under chapter 91 to carry out this part. [L 1975, c 167, §10; am L 1976, c 70, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 200-32 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-32
Fees and charges.
Status: in_force

(a) Except for vessels for which fees and charges are provided in subsection (b), the department shall assess and collect from the owner of each vessel required to be registered and numbered by section 200-31, the following fees and charges:

(1) Initial annual registration fee. For the issuance of an original certificate:

(A) For each vessel less than twenty feet in length, $13;

(B) For each vessel twenty feet or more in length, $25; and

(C) For each amphibious vehicle licensed as a motor vehicle, $15;

(2) Annual certificate renewal fee. For the annual renewal of a certificate:

(A) For each vessel less than twenty feet in length, $10;

(B) For each vessel twenty feet or more in length, $15; and

(C) For each amphibious vehicle licensed as a motor vehicle, $10;

(3) Reregistration fee. For the reregistration of a vessel, after a certificate has been canceled or voided, the appropriate amount provided in paragraph (1);

(4) Transfer fee. For the transfer of a certificate, $5;

(5) Certificate and registration sticker replacement fee. For the issuance of a replacement certificate or a replacement set of vessel registration stickers, $5;

(6) Certificate modification fee. For modifying a certificate, $5;

(7) Penalty charges for late registration, etc. For each month or fraction thereof that a registration, renewal, reregistration, or transfer is delinquent, one-tenth of the appropriate fee shall be added to the normal fee, and the department may take such other enforcement action it deems appropriate; and

(8) Exemptions. The department may reasonably establish, by rules, exemptions from the fees required by this section.

(b) For vessels owned by or operated under the custody or control of a boat manufacturer or boat dealer, the manufacturer or dealer shall pay, in lieu of the fees and charges provided for in subsection (a):

(1) Boat manufacturer and boat dealer annual certificate fee. For each certificate, a fee of $20;

(2) Annual certificate renewal fee. For the annual renewal of a certificate, a fee of $15;

(3) Certificate reissuance. For the reissuance of a certificate after a certificate has been canceled or voided, a fee of $20; and

(4) Certificate and registration sticker replacement fee. For the replacement of a certificate or registration sticker, a fee of $5. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 200D-2 — HI Code / Division 1 / Title 12 / Chapter 200D / Section 200D-2
Kaneohe Bay regional council; establishment.
Status: in_force

(a) There is established within the department of land and natural resources, for administrative purposes only, the Kaneohe Bay regional council; provided that except for the participation on the council of the two representatives from the department of land and natural resources as ex officio nonvoting members pursuant to subsection (c) and except as provided under section 26-35, the department of land and natural resources shall not provide administrative support to the council, including providing staff, drafting, and other support at council meetings. The council shall be composed of seven voting members appointed by the governor in accordance with section 26-34 and ex officio nonvoting members as provided in subsection (c). The members shall serve without compensation.

(b) The voting members of the council shall include one representative from each of the following: the Kaneohe neighborhood board, the Kahaluu neighborhood board, the Kaneohe Bay Commercial Operators Association, the Kaneohe Bay fishing panel established by this chapter, a Kaneohe Bay recreational boating association, the Hawaii institute of marine biology of the University of Hawaii, and the office of Hawaiian affairs.

(c) The director of health; a representative of the department of land and natural resources division of boating and ocean recreation; the administrator of the aquatic resources division; the commanding officer of the Kaneohe Marine Corps Air Station; and the director of the office of planning and sustainable development; or their designated representatives shall serve as ex officio[,] nonvoting members of the council. Additionally, the council may designate representatives of other appropriate agencies as ex officio[,] nonvoting members of the council.

(d) Four voting members shall constitute a quorum to do business and any action taken by the council shall be validated by a simple majority of the quorum.

(e) The chairperson shall be the administrator of the aquatic resources division. [L 1993, c 317, pt of §2, §7; am L 1996, c 299, §3; am L 1998, c 4, §3; am L 2009, c 68, §1; am L 2010, c 19, §§1, 4; am L 2014, c 85, §1; am L 2021, c 153, §8]
Haw. Rev. Stat. § 174C-58 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-58
Revocation of permits.
Status: in_force

After a hearing, the commission may suspend or revoke a permit for:

(1) Any materially false statement in the application for the water permit, a modification of a permit term, or any materially false statement in any report or statement of fact required of the user pursuant to this part.

(2) Any wilful violation of any condition of the permit.

(3) Any violation of any provision of this chapter.

(4) Partial or total nonuse, for reasons other than conservation, of the water allowed by the permit for a period of four continuous years or more. The commission may permanently revoke the permit as to the amount of water not in use unless the user can prove that the user's nonuse was due to extreme hardship caused by factors beyond the user's control. The commission and the permittee may enter into a written agreement that, for reasons satisfactory to the commission, any period of nonuse may not apply towards the four-year revocation period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section 174C-62 shall not apply towards the four-year period of forfeiture.

The commission may cancel a permit, permanently and in whole, with the written consent of the permittee. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 196-6.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-6.5
Solar water heater system required for new single-family residential construction.
Status: in_force

(a) On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the chief energy officer of the Hawaii state energy office approves a variance. A variance application shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter 464, who attests that:

(1) Installation is impracticable due to poor solar resource;

(2) Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that incorporates the average residential utility bill and the cost of the new solar water heater system with a life cycle that does not exceed fifteen years;

(3) A renewable energy technology system, as defined in section 235-12.5, is substituted for use as the primary energy source for heating water; or

(4) A demand water heater device approved by Underwriters Laboratories, Inc., is installed; provided that at least one other gas appliance is installed in the dwelling. For the purposes of this paragraph, "demand water heater" means a gas-tankless instantaneous water heater that provides hot water only as it is needed.

(b) A request for a variance shall be submitted to the chief energy officer of the Hawaii state energy office on an application prescribed by the chief energy officer of the Hawaii state energy office and shall include a description of the location of the property and justification for the approval of a variance using the criteria established in subsection (a). A variance shall be deemed approved if not denied within thirty working days after receipt of the variance application. The chief energy officer of the Hawaii state energy office shall publicize:

(1) All applications for a variance within seven days after receipt of the variance application; and

(2) The disposition of all applications for a variance within seven days of the determination of the variance application.

(c) The director of business, economic development, and tourism may adopt rules pursuant to chapter 91 to impose and collect fees to cover the costs of administering variances under this section. The fees, if any, shall be deposited into the energy security special fund established under section 201-12.8.

(d) Nothing in this section shall preclude any county from establishing procedures and standards required to implement this section.

(e) Nothing in this section shall preclude participation in any utility demand-side management program or public benefits fee program under part VII of chapter 269. [L 2008, c 204, §2; am L 2009, c 155, §14; am L 2010, c 175, §1; am L 2019, c 122, §3]
Haw. Rev. Stat. § 171-9 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-9
Land districts.
Status: in_force

For the purposes of this chapter the State is divided into the following land districts:

First land district: The island of Hawaii and the reefs and reef lands off the shores of the island of Hawaii.

Second land district: The islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini and the reefs and reef lands off the shores of these islands.

Third land district: The island of Oahu and all other islands and reefs in the State of Hawaii not included in the other districts.

Fourth land district: The islands of Kauai, Niihau, Lehua, and Kaula, and the reefs and reef lands off the shores of these islands. [L 1962, c 32, pt of §2; Supp, §103A-9; HRS §171-9]
Haw. Rev. Stat. § 187A-1.5 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-1.5
State marine waters.
Status: in_force

As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.
Haw. Rev. Stat. § 183B-3 — HI Code / Division 1 / Title 12 / Chapter 183B / Section 183B-3
Department assistance.
Status: in_force

The department of land and natural resources shall actively assist applicants applying for permits, certifications, and approvals to reconstruct, restore, repair, and use Hawaiian fishponds. The program shall assist applicants in sending permit applications to all affected agencies.
Haw. Rev. Stat. § 171-31 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-31
Depository for documents; filing, record.
Status: in_force

The department of land and natural resources is designated as a depository for purpose of recordation with the registrar of conveyances, all documents pertaining to real property or any interest therein conveyed to the Territory or State or to any political subdivision thereof.

The officer in charge of any department of the State or any department of any political subdivision thereof, who is authorized to negotiate for the acquisition of real property or any interests therein shall within thirty days after the execution of the necessary documents involved, file all the documents pertaining to the real property or any interest therein with the department. Two blueprint plans of the real property shall also be filed with the department.

All such documents shall be offered for record by direction of the board of land and natural resources and recorded by the registrar of conveyances free of charge. [L 1962, c 32, pt of §2; Supp, §103A-31; HRS §171-31]
Haw. Rev. Stat. § 180C-2 — HI Code / Division 1 / Title 12 / Chapter 180C / Section 180C-2
Erosion and sediment control.
Status: in_force

(a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.

(b) The ordinance for erosion and sediment control shall include but not be limited to the following:

(1) Be based on relevant physical and developmental information concerning the watersheds and drainage basins of the county and/or State including but not limited to data relating to land use, soil, hydrology and geology, size of land area being disturbed, approximate water bodies and their characteristics, transportation, and public facilities and services.

(2) Include such survey of land and waters as may be deemed appropriate by the county or required by any applicable law to identify areas including multi-jurisdictional and watershed areas with critical erosion and sediment problems.

(3) Contain standards for various types of soil and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land disturbing activities.

(4) Include a provision whereby standards shall be deemed met if it can be shown that the land is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district directors, and that a comprehensive conservation program is being actively pursued. [L 1974, c 249, pt of §2]
Haw. Rev. Stat. § 183D-36 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-36
Carcass to be tagged.
Status: in_force

Any licensee may possess, transport, or sell any game bird brought into the State or raised in captivity within the State as set forth in this section. The carcasses of the game birds may be possessed, transported, or sold at any time, if tagged as directed by the department with an indestructible tag or seal to be supplied by the department to the licensee upon payment of the actual cost.
Haw. Rev. Stat. § 195D-2 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-2
Definitions.
Status: in_force

As used in this chapter:

"Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animals that inhabit 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.

"Candidate species" means any species being considered by the United States Secretary of the Interior for listing as an endangered or threatened species, but not yet the subject of a proposed rule.

"Conserve", "conserving", and "conservation" mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter and the Endangered Species Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, habitat acquisition and maintenance, propagation, live capture, law enforcement, and transplantation.

"Department" means department of land and natural resources.

"Direct payments" means governmental compensation of landowners for their discovery, care, maintenance, and recovery of endangered, threatened, proposed, or candidate species or their essential habitat.

"Ecosystem" means all natural elements, physical and biological, of the habitat or site in which any aquatic life, wildlife, or land plant species is found, and upon which it is dependent.

"Endangered species" means any species whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to section 195D-4.

"Endangered Species Act" means the Endangered Species Act of 1973, 87 Stat. 884, or as such Act may be subsequently amended.

"Habitat banking" means a program that would allow a landowner, on whose property are found endangered, threatened, proposed, or candidate species or their essential habitat that would be impacted by a project being conducted on the property to purchase another property on which those affected species are found for the purposes of preserving those species as part of an approved habitat conservation plan.

"Indigenous species" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans.

"Jeopardize the continued existence of an endangered or threatened, proposed, or candidate species" means any action that would be expected, directly or indirectly, to reduce the likelihood of the survival or recovery of the species in the wild, including the loss of genetic diversity of its populations where the species is a plant species.

"Landowner" means an owner of land or any estate or interest in that land when acting with the consent of the fee owner. In the case of government-owned lands, the consent shall be required of any government department or agency to which management or control of that land has been assigned.

"Land plant" means any member of the plant kingdom, including seeds, roots and other parts thereof, except freshwater or marine plants.

"License" means written permission by the department of land and natural resources to do a particular act or series of acts which without such permission would be unauthorized or prohibited.

"Natural communities" means a natural assemblage of plants or animals that occurs within certain elevation, moisture, and habitat conditions.

"Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government.

"Private lands" mean lands that are not "public lands", as defined in this section.

"Proposed species" means any species that is the subject of a proposed rule for listing as an endangered or threatened species pursuant to the Endangered Species Act.

"Public lands" means lands owned by the federal government, the State, or a county, or lands owned by any political subdivision of the federal government, the State, or a county.

"Recovery" or "recover" means that the number of individuals of the protected species has increased to the point that the measures provided under this chapter or the federal Endangered Species Act are no longer needed.

"Species" means and shall include any subspecies or lower taxa of aquatic life, wildlife, or land plants.

"State marine waters" means all waters of the State extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.

"Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered or threatened species of aquatic life or wildlife, or to cut, collect, uproot, destroy, injure, or possess endangered or threatened species of aquatic life or land plants, or to attempt to engage in any such conduct.

"Technical assistance program" means a program that includes department staff designated to assist landowners in developing, reviewing, or monitoring habitat conservation plans by providing technical assistance.

"Threatened species" means any species of aquatic life, wildlife, or land plant which appears likely, within the foreseeable future, to become endangered and has been so designated pursuant to section 195D-4.

"Wildlife" means any nondomesticated member of the animal kingdom, whether reared in captivity or not, including any part, product, egg, or offspring thereof, except aquatic life as defined in this section. [L 1975, c 65, pt of §1; am L 1983, c 111, §3; am L 1990, c 126, §6; gen ch 1993; am L 1997, c 380, §3; am L 2002, c 152, §1; am L 2003, c 35, §3; am L 2011, c 147, §2]
Haw. Rev. Stat. § 184-5.2 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-5.2
Summons or citations.
Status: in_force

There shall be a form of summons or citation for use in citing violators of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district which do not mandate the physical arrest of the violators. The summons or citation shall be printed in a form commensurate with the form of other summons or citations used in modern methods of arrest and shall be so designed to include all necessary information to make it valid and legal within the laws and regulations of the State. The form and content of the summons or citations shall be as adopted or prescribed by the district environmental courts.

In every case when a summons or citation is issued the original of the same shall be given to the violator; provided that the district environmental courts may prescribe the issuance to the violator of a carbon copy of the summons or citation and provide for the disposition of the original and any other copies.

Every summons or citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1974, c 245, pt of §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 174C-12 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-12
Judicial review of rules and orders of the commission concerning the water code.
Status: in_force

Except as otherwise provided in this chapter, judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91. Trial de novo is not allowed on review of commission actions under this chapter.
Haw. Rev. Stat. § 189-42 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-42
Definitions.
Status: in_force

As used in this part:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism.

"National Marine Fisheries Service" means Financial Assistance Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce.

"SBA" means the Federal Small Business Administration.

"Small fishing vessel" means any vessel under five net tons designed to be used in catching fish, processing, or transporting fish loaded on the high seas that derives at least fifty-one per cent of that vessel's gross annual income from commercial (as opposed to recreational) operations, or any vessel outfitted for such activity. [L 1975, c 167, §8; am L 1976, c 70, pt of §2; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 183-34 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-34
Use of lands and funds.
Status: in_force

No land or interest therein acquired under this part shall be used for other than forest reserve purposes, or purposes directly connected with water supply development except as otherwise provided by act of the legislature, nor shall any provision of this part be construed to authorize the expenditure of funds herein appropriated for the acquisition of any water rights.
Haw. Rev. Stat. § 174C-49 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-49
Conditions for a permit.
Status: in_force

(a) To obtain a permit pursuant to this part, the applicant shall establish that the proposed use of water:

(1) Can be accommodated with the available water source;

(2) Is a reasonable-beneficial use as defined in section 174C-3;

(3) Will not interfere with any existing legal use of water;

(4) Is consistent with the public interest;

(5) Is consistent with state and county general plans and land use designations;

(6) Is consistent with county land use plans and policies; and

(7) Will not interfere with the rights of the department of Hawaiian home lands as provided in section 221 of the Hawaiian Homes Commission Act.

(b) Within sixty days after receipt of a notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with county land use plans and policies.

(c) The common law of the State to the contrary notwithstanding, the commission shall allow the holder of a use permit to transport and use surface or ground water beyond overlying land or outside the watershed from which it is taken if the commission determines that such transport and use are consistent with the public interest and the general plans and land use policies of the State and counties.

(d) The commission, by rule, may reserve water in such locations and quantities and for such seasons of the year as in its judgment may be necessary. Such reservations shall be subject to periodic review and revision in the light of changed conditions; provided that all presently existing legal uses of water shall be protected.

(e) All permits issued by the commission shall be subject to the rights of the department of Hawaiian home lands as provided in section 221 of the Hawaiian Homes Commission Act, whether or not the condition is explicitly stated in the permit. [L 1987, c 45, pt of §2; am L 1991, c 325, §7]
Haw. Rev. Stat. § 183-17 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-17
Timber trespass in forest reserves.
Status: in_force

The cutting, killing, destroying, girdling, chopping, injuring, or otherwise damaging, or the removal of any timber, young tree growth, or products of tree growth on lands in the forest reserves belonging to the State, except as authorized by law or by permission from the department of land and natural resources, is prohibited.
Haw. Rev. Stat. § 180-7 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-7
Determining feasibility of operation of district.
Status: in_force

The department of land and natural resources shall, within a reasonable time thereafter, determine whether the operation of the proposed district would be administratively practicable and feasible; provided that it shall not have the authority to determine in favor of the creation of the district unless at least a majority of the votes cast in the referendum shall have been cast in favor thereof. In making such determination and in determining the need for a proposed district, the department shall give due regard to the topography, composition of soils, distribution of erosion, prevailing land use practices within the proposed district, the probable expense of carrying on erosion control operations within the district and other relevant geographical, physical, economic, and social factors. If the department determines in favor of the creation of a district it shall make public the result of the election to elect directors. The three candidates who receive the largest number, respectively, of the votes cast in the election, shall be the elected directors for the district and the department shall appoint two directors to act with the three elected directors as the governing body of the district.
Haw. Rev. Stat. § 179-1 — HI Code / Division 1 / Title 12 / Chapter 179 / Section 179-1
Declaration of purpose.
Status: in_force

It is declared:

(1) That floods caused by heavy rainstorms and abnormal tidal action are detrimental to the health, safety, and general welfare of the people of the State, resulting in jeopardy to and the loss of life and property, disruption of commerce, and interruption of transportation and communications; that the reduction of flood damage is therefore of primary importance to the people of the State; and the conservation and beneficial use of flood water is an essential adjunct to rainfall drainage and flood control.

(2) It is the purpose of this chapter to provide for the coordination by the State of all federal and state flood control projects undertaken in Hawaii and for such technical or financial assistance to its political subdivisions as may be desirable or necessary to assure maximum benefits to the people of the State from the expenditure of state funds for flood control purposes.

(3) Nothing in this chapter shall prevent any political subdivision through its proper officials from requesting federal aid on its own initiative and at its own expense without having to secure state approval. [L 1961, c 34, §1; am L 1963, c 148, pt of §1; Supp, §87C-1; HRS §179-1]
Haw. Rev. Stat. § 195D-26 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-26
Annual report; endangered species.
Status: in_force

The department, after consultation with the endangered species recovery committee, by December 31 of each year, shall prepare a report summarizing:

(1) The status of all endangered, threatened, proposed, and candidate species for which incidental take licenses pursuant to sections 195D-4 and 195D-22 have been issued and the effectiveness of all habitat conservation plans and safe harbor agreements that have been approved;

(2) The condition of the trust fund established under this chapter, including receipts and expenditures over the previous fiscal year; and

(3) Any recommendations to further the purposes of this chapter.

The report and all information pertaining to incidental take licenses shall be available to the public. [L 1997, c 380, pt of §2]
Haw. Rev. Stat. § 180-11 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-11
Consolidating districts; petition.
Status: in_force

Petitions for the consolidation of two or more districts may be filed with the department of land and natural resources. The petitions must be signed by a majority of the members of the governing body, or by twenty-five or more land occupier votes in, each district proposed to be consolidated. In such event the procedures herein provided for organizing districts shall be observed, insofar as they are applicable; provided that the votes cast in the referendum on the question of consolidation shall be counted separately for each district and the department shall not have authority to determine in favor of the proposed consolidation unless a majority of the votes cast with respect to each separate district shall have been cast in favor thereof. The provisions of sections 180-6 to 180-8 governing the selection of district governing bodies and the completion of the organization of districts shall apply to the selection of a governing body for and the completion of the organization of any new district resulting from a consolidation of districts. The terms of office of the directors of the consolidating districts shall expire and the terms of office of the directors of the new consolidated district shall commence, upon the issuance by the lieutenant governor of a certificate of the due organization of the consolidated district. Upon such a consolidation, all the property rights and liabilities of the several consolidating districts shall be vested in and assumed by the consolidated district.
Haw. Rev. Stat. § 171-173 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-173
Turtle Bay appraisal and due diligence.
Status: in_force

Any appraisal and due diligence completed by the Hawaii tourism authority may be used by the department of land and natural resources for the acquisition of the Turtle Bay conservation easement and other real property interests.
Haw. Rev. Stat. § 189-24 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-24
Functions, powers, and duties of director.
Status: in_force

In the performance of, and with respect to, the functions, powers, and duties vested in the director by this part, the director shall:

(1) Prescribe the qualifications for eligibility of applicants for loans and, in so doing, be guided by requirements as set forth in Public Law 88-498.

(2) Establish preferences and priorities in determining eligibility for loans.

(3) Establish the conditions, consistent with the purposes of this part, for the granting of the loan.

(4) Provide for inspection, at reasonable hours, of the vessel, books, and records of an individual or enterprise who has applied for or has been granted a loan and to require the submission of progress and final reports.

(5) Adopt rules and regulations under chapter 91 to carry out this part. [L 1965, c 193, §5; Supp, §21-104; HRS §189-24; am L 1968, c 28, §2; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 188-51 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-51
§§188-51 and 188-52 REPEALED.
Status: repealed

§§188-51 and 188-52 REPEALED. L 1981, c 85, §§58, 59.
Haw. Rev. Stat. § 195D-4.5 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-4.5
Taking a monk seal prohibited.
Status: in_force

(a) A person commits the offense of taking a monk seal if the person intentionally or knowingly takes a Hawaiian monk seal (Monachus schauinslandi).

(b) Any person convicted of taking a monk seal shall be guilty of a class C felony; provided that in addition to any other sentence, the environmental court may impose a fine up to $50,000. [L 2010, c 165, §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 196-62.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-62.5
Financing for state government agencies.
Status: in_force

(a) Any state agency may apply for financing, subject to availability under the revolving line of credit for fiscal year 2021-2022, and annually thereafter, from the green infrastructure loan program pursuant to section 196-65(b)(2), upon terms and conditions as are agreed to between the department or agency and the Hawaii green infrastructure authority; provided that the loans shall be issued at an interest rate of 3.5 per cent a year; provided further that the loans shall not adversely affect the sustainability of the sub-fund or Hawaii green infrastructure special fund such that the replenishment of funds requires a higher interest rate in other financing agreements or an appropriation from the general fund.

(b) As may be applicable, an agency shall consult with the public benefits fee administrator of the commission before planning an energy-efficiency measure subject to this section. The agency's proposed energy-efficiency measures shall meet or exceed the public benefits fee administrator's enhanced efficiency levels and requirements to be eligible for the Hawaii green infrastructure loan program. The agency shall coordinate with the public benefits fee administrator throughout the entire project cycle to ensure that energy efficiency is maximized. All supporting documentation required by the public benefits fee administrator shall be provided by the agency to ensure compliance with the State's energy-efficiency portfolio standards under section 269-96.

(c) An agency shall submit an expenditure plan to the executive director of the Hawaii green infrastructure authority, who shall serve as the fiscal administrator for the loans issued pursuant to subsection (a) and shall make payment on behalf of the agency, as appropriate, upon submission of requests for payment from the agency.

(d) Beginning with fiscal year 2021-2022, and annually thereafter, an agency shall repay a loan issued pursuant to subsection (a) using general revenue savings that result from reduced energy costs due to financing the purchase of solar energy systems or other clean energy equipment, implementing energy-efficient lighting and other energy-efficiency measures, as well as operational and fuel cost savings achieved by the conversion of internal combustion vehicles to electric vehicles. [L 2018, c 121, §2; am L 2021, c 107, §4; am L 2025, c 272, §2]
Haw. Rev. Stat. § 200-18 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-18
Records of suspensions and revocations of operating privileges to be maintained.
Status: in_force

(a) The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered by the director under that part.

(b) The department shall maintain a record of all persons convicted of offenses or violations under part IV of chapter 291E and the period of suspension or revocation of operator privileges ordered by the court under that part. [L 2001, c 157, §2]
Haw. Rev. Stat. § 183-3 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-3
Administrator.
Status: in_force

The board shall:

(1) Appoint an administrator of forestry and wildlife, hereinafter called "administrator", who shall have charge, direction, and control (subject to the direction and control of the board) of all matters relating to forestry and wildlife management under title 12 and such other matters as the board may direct. The administrator shall be trained and educated in natural resource management;

(2) Appoint and remove foresters and wildlife biologists and such other persons as the board may employ. [L 1903, c 44, pt of §5; am L 1915, c 136, §4; RL 1925, pt of §586; am L 1927, c 54, §3; am L 1931, c 34, §1; RL 1935, pt of §176; RL 1945, pt of §1006; RL 1955, §18-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-3; am L 1975, c 111, §1; am L 1980, c 18, §1; am L 1981, c 85, §5]
Haw. Rev. Stat. § 195D-8 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-8
Search and seizure.
Status: in_force

Any officer or agent authorized pursuant to section 195D-7 shall have the authority to conduct searches as provided by law and to seize any equipment, business records, merchandise, aquatic life, wildlife, or land plant taken, possessed, transported, sold, offered for sale, or used in violation of any section of this chapter or any rule adopted hereunder, and any of the foregoing so seized shall be held by the department pending disposition of environmental court proceedings, or the department prior to forfeiture, may direct the transfer of aquatic life, wildlife, or land plants so seized to a qualified ichthyological, zoological, botanical, educational, or scientific institution for safekeeping, costs thereof to be paid by the defendant. Upon conviction of the person or persons from whom the seizure was made, the environmental court shall declare the items seized forfeited to the State. Such items shall be destroyed or disposed of in any manner as the department may deem appropriate.
Haw. Rev. Stat. § 171-36.1 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-36.1
Reservation of rights to prehistoric and historic remains on leased public lands.
Status: in_force

The board of land and natural resources shall, in leases of public lands retain the rights to all prehistoric and historic remains found on such lands.
Haw. Rev. Stat. § 173A-8 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-8
Development of land acquired by the board.
Status: in_force

On the land acquired under this chapter the board may undertake any development which is consistent with the land use law and all other laws applicable to the land and development.

For purposes of this section, "development" includes (1) any building or mining operation; (2) any material change in use, intensity of use, or appearance of any structure or land; or (3) the division of land into two or more parcels. [L 1973, c 77, §8]
Haw. Rev. Stat. § 179D-7 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-7
Administrative and judicial review.
Status: in_force

(a) The findings and order of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or otherwise, as to the safety of design, construction, enlargement, repair, alteration, removal, maintenance, and operation of any dam or reservoir. The board's approval of an application or a certificate of approval to impound shall not be considered final if it can be demonstrated to the board that the board's approval of the relevant application or certificate of approval was based on one or more misrepresentations.

(b) Any person who is aggrieved or adversely affected by an order or action of the board shall be entitled to administrative and judicial review in accordance with chapter 91; provided that the order or action shall remain in force until modified or set aside on appeal. [L 1987, c 199, pt of §1; am L 2007, c 262, §8]
Haw. Rev. Stat. § 200-46 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-46
Effect of sale.
Status: in_force

The transfer of interest by sale hereunder shall be evidenced by a bill of sale from the appropriate state or county agency, shall be considered a transfer by operation of law, and shall be governed by provisions applicable thereto.
Haw. Rev. Stat. § 171-62 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-62
Sales; payment, default.
Status: in_force

When the board of land and natural resources is authorized to sell, it may do so upon part credit and part cash, the balance to be paid in stated installments, and deliver possession of the premises under an agreement of sale. The rate of interest on the agreement of sale shall not exceed the current rate of interest. Upon payment of the purchase price, plus interest, and upon due performance of the conditions of the sale, the purchaser shall be entitled to a land patent or a deed to the premises.

If any default is made in payment or in the performance or observance of any condition of sale, the sale or agreement of sale shall be forfeited upon notice of default by the board as provided in section 171-20. [L 1962, c 32, pt of §2; Supp, §103A-58; HRS §171-62]
Haw. Rev. Stat. § 199-7 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-7
Search and seizure; forfeiture of property.
Status: in_force

(a) Any police officer or agent of the department of land and natural resources upon whom the board of land and natural resources has conferred powers of police officers, shall have the authority to conduct searches on probable cause as provided by law and to seize any equipment, article, instrument, aircraft, vehicle, vessel, business records, or natural resource used or taken in violation of the provisions contained in chapters 6D, 6E, and 6K, or title 12, or any rules adopted thereunder. For purposes of this section, "natural resource" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds.

(b) Any equipment, article, instrument, aircraft, vehicle, vessel, business records, or natural resource seized is subject to forfeiture pursuant to chapter 712A. Unless otherwise directed by the environmental court pursuant to chapter 712A, any item, other than a natural resource, seized shall be ordered forfeited to the State for disposition as determined by the department, or may be destroyed, or may be kept and retained and utilized by the department or any other state agency. If not needed or required by the department or other state agency, the forfeited items shall be disposed of as provided by chapter 712A. Notwithstanding any other law to the contrary, any live natural resource seized may be immediately returned to its natural environment or suitable habitat or may be disposed of as determined by the department; provided that if the natural resource disposed of was unlawfully seized, the department shall be liable to the owner for the fair market value of the items disposed of.

(c) The department of land and natural resources shall compile a list of all equipment, articles, instruments, aircraft, vehicles, vessels, or any natural resource forfeited as provided in this section and shall publish the list in its annual report.

(d) Notwithstanding any other law to the contrary, the department of land and natural resources may sell or take actions to cause the sale of any perishable natural resource that is seized to prevent the waste of the natural resource and to ensure the economic value of such natural resource; provided that the department may not sell or cause the sale of any threatened or endangered species or any other species whose sale is prohibited by law. The department of land and natural resources may require the person or persons who took the natural resources to sell the seized natural resources at fair market value. The department of land and natural resources may require any person purchasing any seized natural resource to deliver the proceeds of the sale to the department of land and natural resources or its authorized representative. Any person who refuses to sell the seized natural resources at fair market value or any person who fails to deliver the proceeds of the sale, as directed by the department of land and natural resources, shall be in violation of this subsection and punishable as provided by law. The department of land and natural resources shall deposit and keep the proceeds of the sale in an interest bearing account until such time as the suspected violation is settled between the person or persons who took the natural resource, consignee or consignees, if any, and the department of land and natural resources. Should a settlement not be reached, the department of land and natural resources shall submit the proceeds of the sale to the environmental court. The proceeds of the sale, after deducting any reasonable costs of the sale incurred by the department of land and natural resources, shall be subject to any administrative or judicial proceedings in the same manner as the seized natural resource would have been, including an action in rem for the forfeiture of the proceeds. Seizure and sale of a natural resource is without prejudice to any other remedy or sanction authorized by law. [L 1978, c 171, pt of §1; am L 1983, c 99, §1; am L 1985, c 222, §1; am L 1989, c 122, §1 and c 261, §9; am L 1997, c 17, §4; am L 1998, c 2, §53; am L 1999, c 233, §1; am L 2004, c 142, §14; am L 2014, c 218, §8]
Haw. Rev. Stat. § 174C-92 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-92
Registration of existing stream diversion works.
Status: in_force

Any person owning or operating a stream diversion works within or outside of a water management area shall register such work with the commission. Registration shall be on the forms provided by the commission. Reporting requirements on the registration forms shall be reasonable.
Haw. Rev. Stat. § 171-47 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-47
Residence lots; improvement districts.
Status: in_force

Notwithstanding any provision of law to the contrary, the board of land and natural resources is authorized, in like manner and subject to the same conditions, including the imposition of liens and the payment of costs, as any subdivider of private lands, to petition for the construction of necessary subdivision improvements pursuant to applicable improvement district statutes or ordinances of any county or city and county in subdividing public lands for residential purposes. The board shall dispose of the residential lots so improved subject to liens consisting of the improvement assessments. For the purpose of this section the board is authorized to encumber and impose liens on public lands.
Haw. Rev. Stat. § 200-49 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-49
Disposition of derelict vessel.
Status: in_force

(a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall:

(1) Give public notice of intended disposition and procedure for requesting an administrative hearing;

(2) When possible, post a notice of intended disposition and procedure for requesting an administrative hearing on the vessel; and

(3) Serve a duplicate original of the notice of intended disposition and procedure for requesting an administrative hearing by certified mail, return receipt requested on:

(A) The registered or documented owner of the vessel, if known, at the owner's last known address on record with the department or the United States Coast Guard;

(B) All lien holders who have properly filed a financing statement, referencing the name of the registered or documented owner, in the bureau of conveyances or who are shown on the records of the department or the United States Coast Guard; and

(C) Any operator of the vessel on record with the department or the United States Coast Guard.

(b) The owner, lien holder, or operator of the vessel shall have five working days after the date of the public notice or receipt of the mailed notice, whichever occurs later, to request an administrative hearing. A request for an administrative hearing shall be made in writing to the department, shall not be deemed delivered until the time that the department receives the written request, and shall be solely for the purpose of allowing the owner, lien holder, or operator of the impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing shall be held within five working days of delivery of the written request.

(c) If the vessel is not repossessed within ten working days after the date of the public notice or mailing of the notice, whichever occurs later, the vessel may be disposed of by negotiated sale except that, when two or more purchasers indicate an interest in purchasing the vessel, the vessel shall be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the vessel, the vessel may be destroyed or donated to any governmental agency. [L 1991, c 272, pt of §2; am L 1998, c 2, §55; am L 2004, c 70, §6; am L 2021, c 218, §7]
Haw. Rev. Stat. § 183-33 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-33
Effect on other agencies.
Status: in_force

This part shall not amend, limit or in any other manner affect the powers of condemnation conferred upon the several counties, the board of water supply of the city and county of Honolulu, the department of land and natural resources and public utility water companies, by any other law, it being the intent of this part to provide additional funds for the use of the department and to only limit them in the use of the additional funds.
Haw. Rev. Stat. § 198D-9 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-9
Other powers and duties of department.
Status: in_force

The department:

(1) May establish signing and design standards for classifications of trails and accesses;

(2) Shall establish advisory councils to solicit advice and assistance in the implementation of the trail and access program. The appointment of members to advisory councils shall be made by the department. If advisory councils are established, the members of the advisory councils shall serve part-time and shall not be compensated for official duties performed. Advisory councils may be established on regional, islandwide, countywide, or statewide bases. The statewide council shall include representatives of motorized as well as nonmotorized trail users;

(3) Shall serve as the centralized information agency for matters relating to the trail and access program;

(4) Shall coordinate its activities under this chapter, including its compilation of the inventories and classifications of trails and accesses, with other public agencies;

(5) Shall advise and, when able, assist other public agencies in the development, construction, operation, maintenance, and regulation of trails and accesses under the other agencies' jurisdiction;

(6) Shall advocate before the legislature, governor, and public agencies, for the implementation of the trail and access program; and

(7) Shall submit an annual report to the governor and legislature on activities engaged in under this chapter; provided that the annual report shall include a comprehensive description of the status of the trail and access program and the financial information specified in section 198D-2(b). [L 1988, c 236, pt of §2; am L 1990, c 53, §1(5); am L 1993, c 273, §3]
Haw. Rev. Stat. § 171-16 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-16
Notices.
Status: reserved

(a) Auctions. Public notice of any proposed disposition by auction shall be given at least once statewide and once in the county where the land being disposed of is located. Notice of the auction shall contain the following:

(1) Time and place of the auction;

(2) General description of the land, including the address and tax map key;

(3) Specific use for which the disposition is intended; and

(4) Upset price or rental to be charged. The maps showing the metes and bounds description and the classification of the land shall be kept in the office of the board of land and natural resources and of its land agent in the county in which the land is situated, and shall be open for inspection at all reasonable hours.

(b) Drawings. Whenever a disposition by drawing by lots is proposed, public notice inviting applications to participate in the drawing shall be given once statewide and once in the county where the land being disposed of is located. The notice shall contain:

(1) The qualifications required of applicants;

(2) A general description of the land, including the address and tax map key;

(3) Specific use for which the disposition is intended; and

(4) Date by which all applications must be filed, which date shall be not less than fourteen days after the last notice.

Within forty-five days after the closing date for applications, the board shall select those qualified to participate in the drawing, notify all applicants as to whether or not they qualified, and conduct the drawing.

The notice of selection of applicants qualified to participate in the drawing, together with the notice of drawing, shall be mailed to each applicant, whether or not the applicant, in fact, qualified. The notice of the drawing shall state the time and place of the drawing. Upon completion of the drawing, the award shall be announced within one week, and the lease or patent issued within ninety days after the drawing or when the conditions of the sale are fulfilled.

(c) Negotiation. Public notice of a proposed disposition by negotiation shall be given at least once statewide and once in the county where the land being disposed of is located; provided that the notices are not required for permits, and dispositions of remnants. The notice shall invite proposals and state in general terms the size, location, and prices or rental of lots to be sold or leased, the terms of sale or lease, and the last date on which application will be received by the board, which date shall not be less than thirty days after the last date of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested persons.

(d) Exchanges; quitclaim; submerged and reclaimed lands; reservations and easements. Whenever it is proposed to exchange public lands for private land pursuant to section 171-50, quitclaim public land or any interests of the State in private land pursuant to section 171-51, dispose of submerged or reclaimed public land pursuant to subsections (b) and (d) of section 171-53, dispose of a land license by negotiation pursuant to section 171-54, or dispose of reserved rights and easements pursuant to section 171-57, public notice of the disposition shall be given at least once statewide and once in the county where the land or other interests being disposed of are located. The notice shall state in general terms the size and location of the public lands proposed to be disposed.

(e) In addition to giving public notice, any public notice required under this section shall also be posted on the Internet in an easily-located manner. [L 1962, c 32, pt of §2; am L 1963, c 28, §2; am L 1965, c 239, §9; Supp, §103A-16; am L 1967, c 234, §§2, 4; HRS §171-16; am L 1974, c 78, §1; gen ch 1985; am L 1998, c 2, §34; am L 2001, c 202, §1]
Haw. Rev. Stat. § 174C-13 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-13
Citizen complaints.
Status: in_force

The commission shall adopt, pursuant to chapter 91, procedural rules for the processing of citizen complaints including the right of appeal to the commission. If any person files a complaint with the commission that any other person is wasting or polluting water or is making a diversion, withdrawal, impoundment, consumptive use of waters or any other activity occurring within or outside of a water management area, not expressly exempted under this code, without a permit where one is required, the commission shall cause an investigation to be made, take appropriate action, and notify the complainant thereof.
Haw. Rev. Stat. § 183-2 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-2
Rules.
Status: in_force

Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the preservation, protection, regulation, extension, and utilization of forest reserves designated by the department.

All rules shall have the force and effect of law. [L 1903, c 44, pt of §5; am L 1913, c 36, §1; am L 1917, c 232, §1; RL 1925, pt of §586; am L 1927, c 54, pt of §2; RL 1935, pt of §176; RL 1945, pt of §1006; RL 1955, pt of §18-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; am L 1965, c 96, §13; HRS §183-2; am L 1981, c 85, §4; am L 1985, c 174, §3]
Haw. Rev. Stat. § 174C-43 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-43
Investigations required.
Status: in_force

Before any proposed water management area is designated by the commission, the chairperson may conduct, cooperate with the appropriate federal or county water agency in conducting, or administer contracts for the conduct of, any scientific investigation or study deemed necessary for the commission to make a decision to designate a water management area. In connection with such investigation or study, the chairperson from time to time may require reports from water users as to the amount of water being withdrawn and as to the manner and extent of the beneficial use. Such reports shall be made on forms furnished by the commission.
Haw. Rev. Stat. § 183D-39 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-39
Report by licensed private and commercial shooting preserve operator; farmer.
Status: in_force

The licensee shall make quarterly reports on the first of July, October, January, and April to the department on forms to be furnished by the department. The report shall give a correct statement of:

(1) The total number of game birds owned, killed, transported, or sold during the period under this chapter;

(2) The names of the persons to whom the same were transported or sold;

(3) The names of the persons by whom the same were tagged and sealed;

(4) The increase of all classes of game birds; and

(5) Such other data as the department deems necessary for the proper protection of the public and observance of the game laws.

Each report shall be verified by the affidavit of the licensee. [L 1985, c 174, pt of §4]
Haw. Rev. Stat. § 183D-11 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-11
Informer's fee.
Status: in_force

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.
Haw. Rev. Stat. § 174C-44 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-44
Ground water criteria for designation.
Status: in_force

In designating an area for water use regulation, the commission shall consider the following:

(1) Whether an increase in water use or authorized planned use may cause the maximum rate of withdrawal from the ground water source to reach ninety per cent of the sustainable yield of the proposed ground water management area;

(2) There is an actual or threatened water quality degradation as determined by the department of health;

(3) Whether regulation is necessary to preserve the diminishing ground water supply for future needs, as evidenced by excessively declining ground water levels;

(4) Whether the rates, times, spatial patterns, or depths of existing withdrawals of ground water are endangering the stability or optimum development of the ground water body due to upconing or encroachment of salt water;

(5) Whether the chloride contents of existing wells are increasing to levels which materially reduce the value of their existing uses;

(6) Whether excessive preventable waste of ground water is occurring;

(7) Serious disputes respecting the use of ground water resources are occurring; or

(8) Whether water development projects that have received any federal, state, or county approval may result, in the opinion of the commission, in one of the above conditions.

Notwithstanding an imminent designation of a ground water management area conditioned on a rise in the rate of ground water withdrawal to a level of ninety per cent of the area's sustainable yield, the commission, when such level reaches the eighty per cent level of the sustainable yield, may invite the participation of water users in the affected area to an informational hearing for the purposes of assessing the ground water situation and devising mitigative measures. [L 1987, c 45, pt of §2; am L 1999, c 197, §6]
Haw. Rev. Stat. § 171-29 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-29
Report to legislature on all dispositions.
Status: in_force

(a) The board of land and natural resources shall submit a written report annually to the legislature within ten days of the convening of each regular session, of all land dispositions made in the preceding year, including sales, leases, leases with options to purchase, licenses, concessions, permits, exchanges, and setting aside of lands by executive orders, the persons to whom made, the size of each disposition, the purpose for which made, the land classification of each, the tax map key number, the per unit price paid or set, and whether the disposition was by auction, by drawing, or by negotiation. When land originally leased by the board is, in turn, subleased by the board's lessee or sublessee, the report shall include, in addition to the foregoing information, the reason for approval of the sublease by the board and the estimated net economic result accruing to the State, lessee and sublessee.

(b) Whenever in this chapter any sale, lease, easement, license, executive order, quitclaim, exchange, or other disposition is made subject to disapproval of the legislature, a written report thereof containing the information required in subsection (a) of this section shall be submitted to the legislature in the session next following the date of the disposition within ten days of the convening of the session. [L 1962, c 32, pt of §2; Supp, §103A-29; am L 1967, c 234, §8; HRS §171-29; am L 1972, c 173, §2]
Haw. Rev. Stat. § 185-2 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-2
Administrator and managers.
Status: in_force

The administrator shall be responsible for coordinating the work of managers and reviewing their plans for fire protection and control within the meaning of this chapter. A manager shall be in charge of lands within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves for the manager's branch, and shall be in charge or in support of all measures for the prevention, control, and execution of wildland fire protection in the manager's branch.
Haw. Rev. Stat. § 183D-37 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-37
Retail dealer's license.
Status: in_force

The keeper of a hotel, restaurant, boardinghouse, or club, or any retail dealer in meats, may sell carcasses or parts thereof purchased or received from a licensed game bird farm, tagged and sealed, to any patron or consumer for actual consumption, after securing a license for those purposes from the county director of finance. The license shall cost $5 a year, and shall expire on June 30 of each year.
Haw. Rev. Stat. § 189-2 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-2
Commercial marine license and commercial marine vessel license.
Status: in_force

(a) No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section; provided that a single valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a validly-licensed vessel . If a Hawaii longline vessel satisfies the commercial marine license requirement by obtaining a single commercial marine vessel license, the commercial marine vessel licensee shall file an annual report with the department that contains the following information: identity, nationality, arrival date, and departure date of the crew members.

(b) Any person providing charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license.

(c) Any vessel used for or engaged in the taking of marine life for commercial purposes shall be eligible to obtain a commercial marine vessel license.

(d) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine and commercial marine vessel licenses.

(e) The fees for commercial marine and commercial marine vessel licenses and duplicate commercial marine and commercial marine vessel licenses shall be established by the department by rules adopted in accordance with chapter 91.

(f) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore an affected license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1929, c 187, §2; RL 1935, §331; RL 1945, §1257; am L 1947, c 39, §2; am L 1949, c 272, §2; am L 1955, c 96, §3; RL 1955, §21-111; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-2; am L 1977, c 128, §2; am L 1981, c 85, §79; am L 1985, c 242, §2; am L 1988, c 117, §3; am L 1998, c 83, §1; am L 1999, c 9, §1; am L 2002, c 86, §6; am L 2003, c 133, §4; am L 2019, c 279, §1; am L 2021, c 43, §2]
Haw. Rev. Stat. § 171-140 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-140
Rules.
Status: in_force

The board may adopt rules in accordance with chapter 91 in order to effectuate the purposes of this part.
Haw. Rev. Stat. § 173A-6 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-6
Acquisition of land.
Status: in_force

The board shall prepare an annual program for the purchase or acquisition by eminent domain of land having value as a resource to the State.
Haw. Rev. Stat. § 173A-2.4 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-2.4
Legacy land conservation commission.
Status: in_force

(a) There is established within the department of land and natural resources a legacy land conservation commission. The commission shall consist of nine members, with at least one member from each of the counties, who shall be appointed in the manner and serve for the term set forth in section 26-34 as follows:

(1) Four of the members of the commission shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology;

(2) One member shall be a person possessing membership in an environmental organization organized in the State;

(3) One member shall be a person possessing membership in a land conservation organization organized in the State;

(4) One member shall be a person possessing membership in a statewide agricultural association; and

(5) One member shall be a person knowledgeable about native Hawaiian culture.

The chairperson of the natural area reserves system commission, or the chairperson's designated representative from the natural area reserves system commission, shall serve as an ex officio[,] voting member. The members of the commission shall elect the chairperson of the commission. The members of the commission shall receive no compensation for their services on the commission but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in the discharge of their duties.

(b) Any action taken by the commission shall be by a simple majority of its members. Five members of the commission shall constitute a quorum.

(c) Except as otherwise provided in this chapter, the commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.

(d) The commission may adopt rules pursuant to chapter 91 to carry out its duties. [L 2006, c 254, pt of §1; am L 2012, c 82, §2]
Haw. Rev. Stat. § 189-4 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-4
Penalties.
Status: in_force

(a) Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a petty misdemeanor and punishable as provided in subsection (b); provided that in the case of a corporation violating any of the provisions, only the fine shall be imposed, but any officer of the corporation who wilfully procures or permits the violation of the provisions by the corporation shall be punishable as in the case of an individual violating the same.

(b) The punishment, in addition to any other penalties, shall be a fine of not less than:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $1,000 for a third or subsequent offense.

(c) A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, injured, or sold in violation of this chapter or any rule adopted thereunder as follows:

(1) For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;

(2) For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and

(3) For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.

(d) The fines specified in this section shall not be suspended or waived.

(e) The department may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:

(1) Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;

(2) Engaging in certain fishing activities;

(3) Handling, operating, or possessing certain fishing gear or boating equipment; and

(4) Taking or possessing certain species of aquatic life. [L 1929, c 187, §5; RL 1935, §334; RL 1945, §1259; am L 1947, c 39, §5; am L 1949, c 272, §5; am L 1955, c 96, §5; RL 1955, §21-114; HRS §189-4; am L 1981, c 85, §81; am L 1999, c 195, §7; am L 2022, c 35, §5]
Haw. Rev. Stat. § 180-6 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-6
Referendum on creation; election of officers.
Status: in_force

After the department of land and natural resources has determined that there is need for and local public sentiment is in favor of the creation of a proposed district it shall, within a reasonable time, give due notice of and hold a referendum upon the question of the creation of the district, and, at the same time, hold an election to elect three directors for the district. Nominating petitions may be filed with the department to nominate candidates for directors but must be filed at least ten days prior to the election and must be subscribed by occupiers of lands representing a total of twenty-five or more votes within the proposed district. Land occupiers may sign more than one such petition.

Occupiers of lands lying within the proposed district shall be entitled to vote on the proposition of the creation of the district and in the election of district directors. Voting shall be by ballots on which shall appear the words "For Creation of the--Soil and Water Conservation District", and "Against Creation of the--Soil and Water Conservation District", with a square before each proposition and a direction to mark the square before one or the other of the propositions as favored by the voter. The names of candidates nominated for district directors shall also appear on ballots with a square before each name and a direction to mark the square before any three names to indicate the voter's preference; provided that if the number of candidates nominated for district directors does not exceed the number of vacancies, the department of land and natural resources shall certify the election of the candidates nominated. The department shall adopt rules and regulations relating to the conduct and payment of all expenses relating to the referenda and elections.

Any other provision contained in this chapter to the contrary notwithstanding, a referendum upon the question of the creation of the district need not be held if the petition asking for the organization of the district is signed by all of the land occupiers within the same. [L 1947, c 191, pt of §5; RL 1955, §28-9; am L 1959, c 39, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 53, §1 and c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-6; am L 1969, c 140, §1]
Haw. Rev. Stat. § 181-10 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-10
Funds.
Status: in_force

All fees and fines collected under this chapter and all moneys forfeited under any bond or deposit shall be paid into the treasury of the State as general realizations.
Haw. Rev. Stat. § 182-14 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-14
Rules.
Status: in_force

Subject to chapter 91, the board may adopt and amend rules as it deems necessary to carry out this chapter and to perform its duties thereunder, all commensurate with and for the purpose of protecting the public interest. All rules shall have the force and effect of law.
Haw. Rev. Stat. § 183-20 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-20
Disposition.
Status: in_force

The department, at any time, without notice to the owners, may remove any and all cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve and may hold and care for the cattle or horses in some convenient place, at the expense of the owners, subject to the lien for charges and expenses as herein provided. The owners of the cattle or horses shall pay to the department the actual expenses reasonably incurred, which shall include, but not be limited to, allowances for employees' wages, equipment cost, transportation cost, feeding cost, cost of public notice, and other costs related to the catching, driving, and transportation of animals. After the cattle or horses have been removed and held, the owners shall be notified personally of this fact, if the owners are known, and shall be notified of the total amount of the charges and expenses to be paid for the release of the cattle or horses.

When the owners are unknown or cannot be found, the department shall give public notice in the county in which the cattle or horses are held. The notice shall set forth the general description and the brands of all the cattle or horses so removed and held and shall notify the owners and the public generally that unless the charges and costs to be specified in the notice shall have been paid on or before the date therein specified, which date shall not be less than two weeks from the date of the last notice, the cattle or horses therein described shall be sold at public auction for cash to the highest bidder for the purpose of satisfying the lien on the same for the costs and charges in the notice set forth. The notice shall be given once a week for four consecutive weeks. If the charges and costs, together with any additional expenses that may have been incurred since the first notice, are not paid before the date stated in the notice, the cattle or horses on that date shall be sold and all charges and other expenses shall be satisfied out of the proceeds of the sale and the balance paid to the owner or owners of the cattle or horses. If no claim is made for any balance within sixty days after the date of sale, the balance shall be deposited in the treasury of the State as a government realization and all private rights therein and thereto shall be thereafter forever barred. [L 1921, c 222, pt of §2; RL 1925, §586, subs 10; am L 1927, c 54, §4; RL 1935, §193; RL 1945, §1028; RL 1955, §19-11; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-20; am L 1981, c 85, §8; am L 1988, c 337, §4; am L 1998, c 2, §48]
Haw. Rev. Stat. § 195-3 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-3
Hawaii natural area reserves system.
Status: in_force

There shall be a Hawaii natural area reserves system, hereinafter called the "reserves system", which shall consist of areas in the State of Hawaii which are designated in the manner hereinafter provided as natural area reserves. The reserve system shall be managed by the department of land and natural resources.
Haw. Rev. Stat. § 183D-32 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-32
Open and closed seasons and bag limits on game birds.
Status: in_force

(a) No person shall intentionally, knowingly, or recklessly take, kill, pursue, or have in possession any bird declared as a game bird by law or by rule of the department at any time, except during an open season duly established and designated by the department for taking, killing, or possessing the same, or except as provided in sections 183D-21, 183D-33, 183D-34, 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, 183D-41, or 183D-42.

(b) Nothing in this section shall be construed as making it unlawful for any person to possess under refrigeration, a number of game birds, legally killed, greater than that fixed as a bag limit by any rule of the department, but not in excess of the daily bag limit for five days. [L 1985, c 174, pt of §4]
Haw. Rev. Stat. § 174-14 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-14
§§174-14 and 174-15 REPEALED.
Status: repealed

§§174-14 and 174-15 REPEALED. L 1987, c 306, §§17, 18.
Haw. Rev. Stat. § 171-22 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-22
Consent to mortgage.
Status: in_force

Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board of land and natural resources, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson of the board may, upon due application, grant the consent, and if the mortgage or security interest is to a recognized lending institution authorized to do business as a lending institution in either the State or elsewhere in the United States, the consent may extend to foreclosure and sale at the foreclosure to any purchaser, including the mortgagee, without regard to whether or not the purchaser is qualified under this chapter to lease, own, or otherwise acquire and hold the land or any interest therein. The interest of the mortgagee or holder shall be freely assignable. The term "holder" includes an insurer or guarantor of the obligation or condition of the mortgage, including the Federal Housing Administration, the Federal National Mortgage Association, the Department of Veterans Affairs, the Small Business Administration, the United States Department of Agriculture, or any other federal agency and their respective successors and assigns, or any lending institution authorized to do business in the State or elsewhere in the United States; provided that the consent to mortgage to a nongovernmental holder shall not confer any greater rights or powers in the holder than those which would be required by any of the aforementioned federal agencies.

Notwithstanding any provision in this chapter to the contrary, in leases or sales for residential purposes, the board may waive or modify any restrictions of the lease or sale or any restrictions contained in any such lease or sale if the waiver or modification is necessary to enable any of the aforementioned federal agencies or any lending institution authorized to do business in the State or elsewhere in the United States to participate in any loan secured by a mortgage on the land or the leasehold interest; provided any such waiver or modification shall not confer any greater rights or powers in the holder than those which would be required by the Federal Housing Administration or the United States Department of Agriculture. [L 1962, c 32, pt of §2; am L 1963, c 189, §1; am L 1965, c 239, §13; Supp, §103A-22; HRS §171-22; am L 1985, c 50, §1; ree L 1986, c 252, §1; am L 1997, c 258, §5; am L 2017, c 12, §1]
Haw. Rev. Stat. § 188F-5 — HI Code / Division 1 / Title 12 / Chapter 188F / Section 188F-5
Review.
Status: in_force

A review of the effectiveness of the West Hawaii regional fishery management area plan shall be conducted every five years by the department of land and natural resources, in cooperation with the University of Hawaii. The department shall submit a report of its findings and recommendations based on the review to the legislature no later than twenty days before the convening of the regular session following the review.
Haw. Rev. Stat. § 195-6.5 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-6.5
Natural area partnership program.
Status: in_force

(a) There is established in the department, a natural area partnership program to provide state funds on a two-for-one basis with private funds for the management of private lands that are dedicated to conservation. Payments shall be made from the natural area reserve fund with funds specifically appropriated for this purpose.

(b) In order to qualify under this program, an applicant shall be a landowner or a cooperating entity of private land of natural area reserve quality and shall agree to:

(1) Dedicate the private land in perpetuity through transfer of fee title or a conservation easement to the State or a cooperating entity; provided that:

(A) The dedication may be revoked if state funding is terminated without the concurrence of the landowner and cooperating entity; and

(B) If a private landowner or cooperating entity elects to withdraw from the program, the perpetual conservation easement shall remain in effect;

(2) Have the private land managed by the cooperating entity or qualified landowner according to a management plan prepared by the cooperating entity or landowner and approved by the board that meets the standards established by the department for the system. The management plan shall include provisions to allow public hunting wherever feasible; provided that:

(A) Hunting activities shall be in compliance with applicable laws; and

(B) Game animals shall not be introduced to any partnership area and hunting shall be conducted as a conservation purpose of this program.

In-kind services such as heavy equipment and existing sources of labor may be utilized as a portion of the private contribution in implementing the management plan;

(3) A penalty payback provision in the event the landowner or cooperating entity ceases to implement the approved management plan, unless the board approves modifications to the plan or state funding is terminated;

(4) Submit an annual report to the board detailing the year's management accomplishments, areas needing technical advice, proposed modifications to the plan, and objectives and budget for the coming year. To facilitate the review, the department shall have the right to make inspections of the land after notifying the landowner; and

(5) Any other conditions the department shall require by rules adopted pursuant to chapter 91. [L 1991, c 326, pt of §1; am L 1992, c 180, §2]
Haw. Rev. Stat. § 200-74 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-74
Penalty.
Status: in_force

Any person who violates this part shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 183D-4.5 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-4.5
Game management advisory commission.
Status: in_force

(a) There is established within the department a game management advisory commission, which shall serve in an advisory capacity to the board. The game management advisory commission shall consist of the following nine members:

(1) One member from the county of Kauai;

(2) Three members from the county of Maui, with one member from each of the islands of Maui, Lanai, and Molokai;

(3) Two members from the county of Hawaii, with one member from east Hawaii and one member from west Hawaii;

(4) One member from the city and county of Honolulu;

(5) One at-large member; and

(6) The chairperson of the board of land and natural resources or the chairperson's designated representative, who shall serve as an ex officio, voting member;

provided that each member, other than the chairperson of the board, shall be appointed by the governor in the manner provided in section 26-34, shall be a hunter licensed in the State under this chapter, and shall have leadership experience in working directly with local hunter or shooting organizations; provided further that at least one member shall have knowledge, experience, and expertise in the area of native Hawaiian cultural practices; and provided further that no more than three members shall represent, be employed by, or be under contract to any sector of government.

(b) The game management advisory commission shall select its own chairperson from among its members. The members shall receive no compensation for their services on the game management advisory commission but shall be entitled to reimbursement for necessary expenses, including travel expenses, while attending meetings and while in the discharge of their duties.

(c) The game management advisory commission may recommend policies and criteria regarding the management, protection, and promotion of public hunting in Hawaii and may recommend amendments to existing department policies and procedures relating to hunting, particularly regarding this chapter and chapters 122, 123, and 124 of title 13, Hawaii Administrative Rules.

(d) The game management advisory commission shall:

(1) Consult and advise the board on any matter affecting hunting, including proposed rules and regulations;

(2) Assist in the evaluation and development of game management plans as appropriate or required and any changes to those plans as necessary;

(3) Assist in establishing criteria to be used in determining whether an area is suitable for hunting;

(4) Advise on studies of areas for sustainable yield game production or enhancement;

(5) Recommend to the board the areas that are suitable for game production or enhancement;

(6) Recommend policies and criteria regarding the management, protection, and permitted uses of areas that are used for hunting;

(7) Assist the department in developing ways and means to extend and strengthen game management areas, other designated hunting areas, and mixed-use areas within the State;

(8) In carrying out its duties, consult the most comprehensive up-to-date compilation of scientific data;

(9) Make recommendations relating to the process of hunting rules modification;

(10) Collaborate with agencies and other persons who gather information and implement hunting programs and data;

(11) Take testimony and acquire information as it desires and communicate its findings and recommendations to the board; and

(12) Assist the department on policies, plans, and procedures related to the control of game mammals, including aerial shooting activities by the department and its contractors.

(e) Any action taken by the game management advisory commission shall be validated by a simple majority of its members. Five members shall constitute a quorum.

(f) All meetings of the game management advisory commission shall be conducted subject to chapter 92.

(g) Except as otherwise provided in this chapter, the game management advisory commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.

(h) The department shall provide administrative support to the game management advisory commission. Federal moneys and other moneys that become available to the department may be used to offset administrative costs incurred by the department for purposes of this subsection.

(i) The game management advisory commission shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2017, and each regular session thereafter, on its efforts to comply with this section, including a summary of its activities during the year preceding the regular session for which the report was prepared.

(j) The game management advisory commission may adopt rules pursuant to chapter 91 to implement this section. [L 2016, c 210, §2; am L 2019, c 111, §3]
Haw. Rev. Stat. § 181-8 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-8
Appeal.
Status: in_force

Any operator aggrieved by any decision, order, or action of the board of land and natural resources refusing, modifying, suspending, canceling, or revoking a permit or disapproving an amended plan of reclamation may appeal from such decision, order, or action to the circuit environmental court of the circuit in which is located any part of the land described in the permit. The appeal shall be governed by the provisions of rule 72 of the Hawaii rules of civil procedure and chapter 91. The appellant shall file a bond with the clerk of the circuit environmental court to which the appeal is taken, in such amount and with such surety or sureties as the clerk may fix and prescribe, conditioned to pay all costs if the appeal be decided adversely to the appellant. On motion of the board the environmental court may require the penalty of the bond to be increased to such amount and to be so conditioned that the operator filing the appeal shall be bound to perform all requirements of this chapter. The environmental court shall have the power to reverse, affirm, or modify in whole or part, the decision, order, or action appealed from.
Haw. Rev. Stat. § 190D-24 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-24
Konohiki fishing rights.
Status: in_force

(a) The provisions of this chapter shall not abridge or alter in any way konohiki fishing rights recognized in chapter 187A, including the right to sublease private konohiki fishing grounds for marine activities. No lease shall be granted by the board which conflicts with or impairs konohiki fishing rights.

(b) Any traditional fishing or marine activity conducted within konohiki fishing grounds is subject to all applicable state laws and rules enacted pursuant to the State's police powers over fisheries and navigable waters. [L 1986, c 91, pt of §1]
Haw. Rev. Stat. § 200-63 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-63
Questioning and detaining suspected persons aboard a vessel.
Status: in_force

An enforcement officer may detain any person found upon a vessel under circumstances as reasonably justify a suspicion that the person boarded without permission for the purpose of demanding, and may demand of the person, the person's name, address, and the nature of the person's business upon the vessel. If the enforcement officer has reason to believe that the person has no right to be upon the vessel, the enforcement officer may arrest the person without a warrant on the charge of violating section 200-62.
Haw. Rev. Stat. § 173A-2.5 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-2.5
Responsibilities of the legacy land conservation commission.
Status: in_force

The responsibilities of the commission shall include, but not be limited to:

(1) Advising the department and the board on any proposal, public or private, for the acquisition of any interest or rights in land having value as a resource to the State;

(2) Advising the department and the board on any requests for grants from the fund to a qualifying state or county agency or nonprofit land conservation organization for the preservation of lands having value as a resource to the State;

(3) Recommending to the board the acquisition of interests or rights in certain lands having value as a resource to the State; and

(4) Reviewing and adopting rules relating to the criteria it applies in advising the department and the board and making recommendations to the board regarding land acquisitions and grants made pursuant to this chapter. [L 2006, c 254, pt of §1]
Haw. Rev. Stat. § 174C-61 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-61
Fees.
Status: in_force

The commission shall promulgate a schedule of application and permit fees. The fees shall be used to defray the administrative costs of the permit systems established under this chapter. A public agency shall not be subject to the payment of any fees.
Haw. Rev. Stat. § 180-12 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-12
Appointment, election, qualifications, and tenure of directors.
Status: in_force

The terms of office of the two district directors appointed pursuant to section 180-7 shall be three years, except that those first appointed shall be for one and two years, respectively. The terms of the three elected directors shall be three years. Unexpired terms shall be filled by a majority vote of the district's remaining directors. Successors to full terms shall be appointed or elected, as originally selected. The directors shall either live or work in the districts they represent. The districts shall conduct their own elections and submit the results to the department for certification. Land occupiers representing individual farms, ranches, or plantations are eligible to have one vote for each one hundred acres or less lying within a district. Each acreage can be accounted for only once, with priority voting in order of land occupier, and land owner, respectively; provided that to be eligible to vote, a land occupier shall first provide the district with its name, address, and information clearly identifying the acreage. The directors shall designate a chairperson and may, from time to time, change the designation. A majority of the directors shall constitute a quorum and the concurrence of a majority upon any official matter shall be necessary. Directors shall receive no compensation for their services, but shall be entitled to necessary expenses. They may employ and fix the compensation of such officers and employees as they may require, and shall provide for surety bonds for employees or officers who are entrusted with funds. Directors shall keep a record of proceedings, resolutions, rules, and orders issued or adopted, and accounts of receipts and disbursements, and shall furnish to the department copies of such documents, instruments, or information concerning their activities as the department may request.
Haw. Rev. Stat. § 174C-51.5 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-51.5
Dual line water supply systems; installation in new industrial and commercial developments located in designated water management areas.
Status: in_force

(a) The commission, as a condition for issuing permits pursuant to this part, may require the use of dual line water supply systems in new industrial and commercial developments located in designated water management areas. The commission shall not require the use of dual line water supply systems if:

(1) There is a threat to existing water quality or to public health and safety, as determined by the department of health;

(2) A source of nonpotable water will not be reasonably available in the near future as determined by the commission; or

(3) There is a serious threat to permitted ground or surface water uses within a designated water management area as determined by the commission.

(b) The county boards of water supply, in consultation with the department of health, shall adopt standards for nonpotable water distributed through dual line water supply systems, and rules regarding the use of nonpotable water. The standards and rules shall be adopted in accordance with chapter 91 and shall protect existing water quality and the health and safety of the public.

(c) For the purposes of this section, the term:

"Developments" means one or more commercial or industrial subdivisions approved after May 30, 2000. It shall not apply to any modification, addition to, or replacement of, any commercial or industrial subdivision in existence prior to May 30, 2000.

"Dual line water supply system" means a supply system that distributes potable and nonpotable water through parallel but separate distribution lines. [L 2000, c 144, §2]

Revision Note

"May 30, 2000" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 195-11 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-11
Reserves system management plan.
Status: in_force

The department, after consulting the most comprehensive up-to-date compilation of scientific data on the communities of the natural flora and fauna of Hawaii, shall prepare a comprehensive reserves system management plan based upon such information to accomplish the purposes of this chapter.
Haw. Rev. Stat. § 171-8 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-8
Land agents and other employees.
Status: in_force

The board shall be represented in each land district by a district land agent. The board may employ other necessary employees.

The district land agent shall exercise the powers and duties delegated by the board and shall report to the designated representative of the board.

The appointment, removal, and compensation of district land agents and other employees shall be determined in accordance with chapter 76. [L 1962, c 32, pt of §2; am L 1965, c 202, §1; Supp, §103A-8; HRS §171-8; am L 1971, c 154, §1; am L 1981, c 116, §3; am L 2000, c 253, §150]
Haw. Rev. Stat. § 198D-4 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-4
Classification.
Status: in_force

The department shall classify each trail and access in the inventories according to the following:

(1) Function;

(2) Type;

(3) Theme;

(4) Actual and desired use intensity; and

(5) Any other classification deemed necessary or desirable by the department. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(2)]
Haw. Rev. Stat. § 179D-23 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-23
Injunctive relief.
Status: in_force

Whenever in the judgment of the department any person has engaged in or is about to engage in any act or practice that constitutes or will constitute an unlawful action under this chapter, the department may apply to the circuit environmental court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining the act or practice, or for an order requiring compliance with this chapter. Upon a showing by the department that a person has engaged in or is about to engage in any unlawful act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
Haw. Rev. Stat. § 200-20 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-20
Hawaiian outrigger canoes on state shoreline areas.
Status: in_force

Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association, Hui Wa`a Association, its affiliates, or its successor organization may keep their Hawaiian outrigger canoes at no charge on state shoreline areas; provided that:

(1) The club shall indemnify, hold harmless, and defend the State, its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or undertaken under this section, and shall procure sufficient insurance to provide this indemnification if requested by the department;

(2) The club shall coordinate the placement of canoes with the applicable state or county authority to appropriately accommodate all beach users; and

(3) Where required, the club shall secure an annual revocable permit from the applicable state or county agency. [L 2005, c 220, §2]
Haw. Rev. Stat. § 195-4 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-4
Powers and duties of the department.
Status: in_force

(a) To preserve, manage, and protect the reserves system, the department is authorized, in addition to any other powers, to:

(1) Designate and bring under its control and management, as part of the reserves system, any areas as follows:

(A) State owned land under the jurisdiction of the department may be set aside as a natural area reserve by resolution of the department, subject to the approval of the governor by executive order setting the land aside for that purpose;

(B) New natural area reserves may be established:

(i) By gift, devise, grant, reimbursement to cooperators, exchange, or purchase of land or any interest therein, including, but not limited to, conservation easements;

(ii) By eminent domain pursuant to chapter 101; or

(iii) By the setting aside of state owned land for that purpose by the governor, as provided in section 171-11;

(2) Cooperate or contract with any federal, state, or county governmental agency, quasi-governmental agency, private organization, or individual in carrying out the purpose of this chapter;

(3) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition or management, or both, of natural area reserves;

(4) Implement, after consultation with the commission and based on the most comprehensive up-to-date compilation of scientific data, the acquisition, management, protection, and use of natural area reserves; and

(5) Prepare and take the necessary steps to implement the management plan set forth in section 195-11.

(b) The department, with at least twenty days public notice, shall conduct one or more public hearings before terminating state funding for a management plan approved by the board under the natural area partnership program, requesting the governor to revoke or modify an executive order that sets aside lands for the reserves system, or prior to the designation of the following types of lands into the reserves system:

(1) State lands under the jurisdiction of the department;

(2) State lands that are removed from other uses or modified by the governor through an executive order that sets aside land for the natural area reserves system;

(3) Lands acquired by eminent domain pursuant to chapter 101; and

(4) State lands proposed by the governor for inclusion into the reserves system, as provided in section 171-11.

The notice shall be given in the county where the proposed natural area reserve or natural area partnership is located and also statewide. The notice shall contain, but not be limited to, the time and place of the hearing, the location of the land, and the proposed changes. [L 1970, c 139, pt of §1; am L 1987, c 350, §3; am L 1991, c 326, §3; am L 1992, c 180, §1; am L 1998, c 2, §52]
Haw. Rev. Stat. § 171-3 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-3
Department of land and natural resources.
Status: in_force

(a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law. The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.

(b) Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture and biosecurity. [L 1962, c 32, pt of §2; am L 1963, c 135, §4; Supp, §103A-3; HRS §171-3; am L 1981, c 116, §2; am L 1983, c 15, §2; am L 1991, c 272, §4; am L 1999, c 6, §2; am L 2008, c 233, §16 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 174-3 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-3
Manager-chief engineer.
Status: in_force

The board of land and natural resources shall appoint a registered professional engineer who shall act as manager-chief engineer of the water and land development program and have such qualifications as the board may deem necessary. The appointment and removal of the manager-chief engineer shall be in accordance with chapter 76 and the manager-chief engineer shall perform the duties as set forth by the board.
Haw. Rev. Stat. § 196-10 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-10
Hawaii renewable hydrogen program.
Status: in_force

There is established, within the department of business, economic development, and tourism, a Hawaii renewable hydrogen program to manage the State's transition to a renewable hydrogen economy. The program shall design, implement, and administer activities that include:

(1) Strategic partnerships for the research, development, testing, and deployment of renewable hydrogen technologies;

(2) Engineering and economic evaluations of Hawaii's potential for renewable hydrogen use and near-term project opportunities for the State's renewable energy resources;

(3) Electric grid reliability and security projects that will enable the integration of a substantial increase of electricity from renewable energy resources on the island of Hawaii;

(4) Hydrogen demonstration projects, including infrastructure for the production, storage, and refueling of hydrogen vehicles;

(5) A statewide hydrogen economy public education and outreach plan focusing on the island of Hawaii, to be developed in coordination with Hawaii's public education institutions;

(6) Promotion of Hawaii's renewable hydrogen resources to potential partners and investors;

(7) A plan, for implementation during the years 2007 to 2010, to more fully deploy hydrogen technologies and infrastructure capable of supporting the island of Hawaii's energy needs, including:

(A) Expanded installation of hydrogen production facilities;

(B) Development of integrated energy systems, including hydrogen vehicles;

(C) Construction of additional hydrogen refueling stations; and

(D) Promotion of building design and construction that fully incorporates clean energy assets, including reliance on hydrogen-fueled energy generation;

(8) A plan, for implementation during the years 2010 to 2020, to transition the island of Hawaii to a hydrogen-fueled economy and to extend the application of the plan throughout the State; and

(9) Evaluation of policy recommendations to:

(A) Encourage the adoption of hydrogen-fueled vehicles;

(B) Continually fund the hydrogen investment capital special fund; and

(C) Support investment in hydrogen infrastructure, including production, storage, and dispensing facilities. [L 2006, c 240, §6]
Haw. Rev. Stat. § 182-4 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-4
Mining leases on state lands.
Status: in_force

(a) If any mineral is discovered or known to exist on state lands, any interested person may notify the board of the person's desire to apply for a mining lease. The notice shall be accompanied by a fee of $100 together with a description of the land desired to be leased, the minerals involved, and any information and maps that the board by rule may prescribe. As soon as practicable thereafter, the board shall cause a public notice to be given in the county where the lands are located, at least once in each of three successive weeks, setting forth the description of the land, and the minerals desired to be leased. The board may hold the public auction of the mining lease within six months from the date of the first notice or any further time that may be reasonably necessary. Whether or not the state land sought to be auctioned is then being utilized or put to some productive use, the board, after due notice of public hearing to all parties in interest, within six weeks from the date of the first notice or any further time that may be reasonably necessary, shall determine whether the proposed mining operation or the existing or reasonably foreseeable future use of the land would be of greater benefit to the State. If the board determines that the existing or reasonably foreseeable future use would be of greater benefit to the State than the proposed mining use of the land, it shall disapprove the application for a mining lease of the land without putting the land to auction. The board shall determine the area to be offered for lease and, after due notice of public hearing to all parties in interest, may modify the boundaries of the land areas. At least thirty days prior to the holding of any public auction, the board shall cause a public notice to be given in the State at least once in each of three successive weeks, setting forth the description of the land, the minerals to be leased, and the time and place of the auction. Bidders at the public auction may be required to bid on the amount of annual rental to be paid for the term of the mining lease based on an upset price fixed by the board, a royalty based on the gross proceeds or net profits, cash bonus, or any combination or other basis and under any terms and conditions that may be set by the board.

(b) Any provisions to the contrary notwithstanding, if the person who discovers the mineral discovers it as a result of exploration permitted under section 182-6, and if that person bids at the public auction on the mining lease for the right to mine the discovered mineral and is unsuccessful in obtaining such lease, that person shall be reimbursed by the person submitting the highest successful bid at public auction for the direct or indirect costs incurred in the exploration of the land, excluding salaries, attorney's fees, and legal expenses. The department may review and approve all expenses and costs that may be reimbursed.

(c) Notwithstanding any other law to the contrary, an application for a mining lease submitted pursuant to this section may be granted by the board in accordance with the procedures set forth in section 171-95.3. [L 1963, c 11, pt of §1; Supp, §99A-4; HRS §182-4; am L 1978, c 135, §3; am L 1983, c 296, §2; gen ch 1985; am L 1998, c 2, §45; am L 2016, c 220, §4]
Haw. Rev. Stat. § 180-16 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-16
Budget.
Status: in_force

The department of land and natural resources shall submit to the director of finance, annually the budgetary estimates and information required by chapter 37, and shall include therein estimates of the financial requirements of the department. All contributions, moneys, and funds received by any district shall be deposited to the credit of the state general fund.
Haw. Rev. Stat. § 171-38 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-38
Condemnation of leases.
Status: in_force

The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority the:

(1) Value of growing crops, if any, that the lessee is not permitted to harvest; and

(2) Proportionate value of the lessee's permanent improvements taken in the proportion that it bears to the unexpired term of the lease.

The lessee, in the alternative, may remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law, including those rights established in section 171-37.5. Where the portion taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lessee's lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within a reasonable period allowed by the board. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch 1985; am L 2013, c 234, §4]
Haw. Rev. Stat. § 196-65.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-65.5
Clean energy and energy efficiency revolving loan fund.
Status: in_force

(a) There is established in the Hawaii green infrastructure special fund established under section 196-65, the clean energy and energy efficiency revolving loan fund, similar to a revolving line of credit, which shall be administered by the authority. Funds deposited into the clean energy and energy efficiency revolving loan fund shall not be under the jurisdiction of, nor be subject to approval by, the commission and shall include:

(1) Any amounts, up to a total amount not to exceed $50,000,000, of moneys borrowed by the authority, with the approval of the governor, from federal, county, private, or other funding sources, pursuant to part III of chapter 39;

(2) Funds from federal, state, county, private, or other funding sources;

(3) Investments from public or private investors;

(4) Moneys received as repayment of loans and interest payments; provided that the repayment of loans and interest payments under this paragraph shall not include repayment of loans and interest collected as a result of funds advanced from proceeds of the green energy market securitization bonds; and

(5) Any fees collected by the authority under this section; provided that moneys collected as a result of the funds advanced from proceeds of the green energy market securitization bonds shall be kept separate from fees collected as a result of funds advanced from proceeds of the clean energy and energy efficiency revolving loan fund.

(b) Moneys in the clean energy and energy efficiency revolving loan fund shall be used to provide low-cost loans at below-market rates or other authorized financial assistance to eligible public, private, and nonprofit borrowers for clean energy investments or other authorized uses, or both, on terms approved by the authority. Moneys from the fund may be used to cover administrative and legal costs of fund management and management associated with individual loans, which include personnel, services, technical assistance, data collection and reporting, materials, equipment, and travel for the purposes of this section.

(c) Funds appropriated or authorized from the clean energy and energy efficiency revolving loan fund shall be expended by the authority. The authority may contract with other public or private entities for the provision of all or a portion of the services necessary for the administration and implementation of the loan fund program. The authority may set fees or charges for fund management and technical site assistance provided under this section.

(d) All interest earned on the loans, deposits, or investments of the moneys in the fund shall become part of the fund.

(e) The authority may establish subaccounts within the fund as necessary; provided that in accordance with section 196-64.5(c)(11), the authority shall establish a subaccount within the fund into which shall be deposited all moneys, including any interest accrued and fee revenues, collected as assessments under the commercial property assessed financing program established pursuant to section 196-64.5.

(f) The authority may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2021, c 107, §2; am L 2024, c 41, §5]
Haw. Rev. Stat. § 171-91 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-91
Notice of availability of leases; selection of lessees.
Status: in_force

Notice of availability of land to be offered to qualified applicants for lease shall be by publication in accordance with the same procedure as set forth in section 171-16(b), but limited to the county in which the land is situated. The notice shall contain, in addition to such other information as the board of land and natural resources deems proper, a reference to the qualification of applicants, a brief description of the land to be leased, its locality, area, and quality, with reference to the survey, and the date by which the applications must be filed for a lease of the land. The board shall, as soon as practicable following the closing date for applications, review the qualifications of the applicants, determine their respective needs, fix the terms, covenants, and conditions of leases to be issued, as more particularly provided in section 171-87, and, within the limits of availability of the land for which notice has been published, issue leases to selected applicants.
Haw. Rev. Stat. § 171-18 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-18
Public land trust.
Status: in_force

All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use.
Haw. Rev. Stat. § 174-17 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-17
Formation of a project on initiative of board; notice and hearing; protests.
Status: reserved

The board of land and natural resources may organize projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be less than sixty days after the first public notice thereof in the county in which the project is proposed. The notice shall be given once in each of four successive weeks, and shall include notice of the area to be included in and general details of the proposed project, stating the time and place of the public hearing. If the owners of fifty-five per cent of the acreage of lands proposed to be organized into a project at the hearing or prior thereto shall file written protest against the proposed project, the project shall not be made and proceedings shall not be renewed within twelve months from the date of closing the public hearing, unless each and every owner protesting withdraws each and every owner's protest; provided that any lessee of any lands included within the proposed project, who, by the express terms of the lessee's lease must pay the assessment contemplated hereunder shall be subrogated to all the rights of the owner to protest by filing at the hearing or prior thereto written protest against the proposed project, the written protest to be accompanied by a certified copy of the lease; provided further that any lessor, at any time before the closing of the public hearing, may void the protest of the lessor's lessee on consideration of the filing with the board a duly acknowledged waiver of the provision in the lease which requires the lessee to pay the assessment, and a written undertaking of the lessor to pay the assessment to be made on account of the proposed project; and further provided that a project may be instituted without further public notice for a smaller acreage within the acreage described in the original public notice in the event the board determines the smaller project to be economically feasible, if written protests by the owners, or lessees subrogated to the right to protest, of fifty-five per cent of the smaller acreage shall not be filed. The department shall assure that adequate water is reserved for future development and use on Hawaiian home lands that could be served by the proposed water project.
Haw. Rev. Stat. § 195-5 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-5
Rules and regulations.
Status: in_force

(a) The department of land and natural resources may, subject to chapter 91, make, amend and repeal rules and regulations having the force and effect of law, governing the use, control and protection of the areas included within the reserves system, provided that no rule or regulation which relates to the permitted use of any area assigned to the reserves system shall be valid and no use of any such area shall be permitted unless such rule or regulation or permitted use shall have been specifically approved by the natural area reserves system commission.

(b) The department may confer upon such of its employees as it deems reasonable and necessary the powers to serve and execute warrants and arrest offenders or issue citations in all matters relating to the enforcement within the reserves system of the law and rules and regulations applicable thereto. [L 1970, c 139, pt of §1]
Haw. Rev. Stat. § 171-153 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-153
Beach restoration plan.
Status: in_force

The department shall prepare and, from time to time, revise plans for the restoration of beach lands of the State. These plans shall guide the board in identifying those beach lands in need of restoration which have been degraded as a result of natural or human actions and shall designate suitable coastal lands for the purpose of generating revenues to carry out the purposes of this section. In preparing these plans, the department may institute studies pertaining to the need for restoration of such lands and shall consider any plan relating to the restoration of such lands that has been prepared by any federal, state, county, or private agency or entity. The department may also institute other studies as necessary to support the development of beach restoration projects, including the development of socioeconomic profiles, environmental studies pertaining to sand source analysis, and ecological effects of beach restoration, cost-benefit analysis for project viability, and coastal engineering studies including data gathering.
Haw. Rev. Stat. § 171-54 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-54
Land license.
Status: in_force

The board of land and natural resources may issue land licenses affecting public lands for a period not exceeding twenty years. No land license shall be disposed of except at public auction as provided in this chapter; provided that the board may, after publication of notice in accordance with section 171-16(d), dispose of a land license by negotiation, without recourse to public auction, if it determines that the public interest will best be served thereby. The disposition of a land license by negotiation shall be upon such terms and conditions as the board determines shall best serve the public interest.
Haw. Rev. Stat. § 193-32 — HI Code / Division 1 / Title 12 / Chapter 193 / Section 193-32
Administration.
Status: in_force

To carry out the program authorized by this part, the governor may:

(1) Enter into an agreement or agreements, or designate the department of land and natural resources, or any other state department or departments as the state agency or agencies to enter into an agreement or agreements, with the proper authorities of the United States;

(2) Designate the department of land and natural resources, or any state department or departments to design programs to provide healthful outdoor training and employment for young persons and to advance the conservation, development, and management of natural resources and recreational areas, in accordance with the applicable federal law; provided that the designated department or departments may also adopt appropriate rules under chapter 91 to carry out the programs so designed;

(3) Defray one-half of all costs incurred with respect to the programs or any other proportion of the costs of the programs, which may be required by the applicable laws of the United States, out of any moneys appropriated to the department or departments designated to participate in the programs, without regard to the original purpose of the appropriations; and

(4) Designate the department of land and natural resources to administer or enter into an agreement for the administration of a green jobs youth corps to provide temporary work and training opportunities in one or more of the following fields:

(A) Natural resource management;

(B) Agriculture; or

(C) Other sustainability-related professions;

provided that these opportunities shall be available to young adults who are thirty-eight years of age or younger; provided further that the department shall partner with an organization that received accreditation from the Corps Center of Excellence Accreditation Program or has at least ten years of experience providing similar programming statewide in the State, or both. [L 2001, c 268, pt of §1; am L 2021, c 181, §2; am L 2022, c 33, §2]
Haw. Rev. Stat. § 190-2 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-2
Establishment and modifications of conservation district.
Status: in_force

The department of land and natural resources may establish and from time to time modify the limits of one or more conservation districts in each county and may, if it deems necessary, declare all waters within any county a conservation district.
Haw. Rev. Stat. § 171-8.6 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-8.6
Risk assessment working group.
Status: in_force

(a) There is established a risk assessment working group that shall be administratively attached to the department. The risk assessment working group shall provide consultation to the board regarding the design and placement of warning signs, devices, or systems on improved public lands as defined in section 663-51, including any comprehensive plan submitted by the State, a county, or managing entity, to the board for approval. The risk assessment working group shall consist of the following members, who shall serve without compensation:

(1) The chairperson of the board, or designee;

(2) The mayor of each county, or designee;

(3) The administrators of the department's division of forestry and wildlife and the division of state parks, or their designees;

(4) The attorney general, or designee; and

(5) A person appointed by the chairperson of the board knowledgeable in warning sign design.

[(b)] The risk assessment working group shall submit a report of its recommendations and of the consultation provided to the board of land and natural resources under [Act 82, Session Laws of Hawaii 2003], including a listing of warning signs, devices, and systems on improved and unimproved public lands subsequently approved or disapproved by the board, to the legislature no later than twenty days prior to the convening of each regular session. [L 2003, c 82, §§3, 4, 8; am L 2007, c 152, §5; am L 2009, c 81, §3; am L 2014, c 86, §2]

Revision Note
Haw. Rev. Stat. § 171-52 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-52
Remnant.
Status: in_force

(a) Definition. The term "remnant" means a parcel of land economically or physically unsuitable or undesirable for development or utilization as a separate unit by reason of location, size, shape, or other characteristics. A remnant may be:

(1) Land acquired by condemnation which is in excess of the needs for which condemned;

(2) Vacated, closed, abandoned, or discontinued road, street or alley or walk, railroad, ditch, or other right-of-way.

(b) Disposition restriction. No parcel shall be disposed of as a remnant solely for the reason that it lacks an adequate access.

(c) Disposition. Remnants or portions thereof may be disposed of by the board of land and natural resources without recourse to public auction in the manner set forth herein. Any remnant or portion thereof to be disposed of shall be first offered for sale to the abutting owner for a reasonable period of time at a reasonable price based on appraised value. In the event that one abutting landowner lacks access to a street, and such access can be secured by disposition of the remnant, such remnant shall be first offered for sale to such abutting owner, or subdivided so as to protect the access of all abutting landowners. If there is more than one abutting owner who is interested in purchasing the remnant, it shall be sold to the one submitting a sealed bid containing the highest offer above the appraised value. If the remnant abuts more than one parcel, the board may subdivide the remnant so that a portion thereof may be sold to each abutting owner at the appraised value; provided that no remnant shall be sold to any abutting owner unless the remnant, when combined or consolidated with the abutting property, shall constitute a lot acceptable to the appropriate agency of the county in which the remnant lies; and provided further that appropriate language shall be included in any document of conveyance of such remnant to assure use of the remnant in accordance with the applicable ordinances, rules, and regulations of the county concerned.

(d) Appraisal. The value of the remnant or portion thereof shall be appraised by an independent appraiser, which appraisal shall take into consideration the limited market for the remnant and the resulting enhancement to an abutting owner's property by the addition of the remnant. The value of a remnant or portion thereof which is surplus to state highway requirements and is in the inventory of such surplus remnants as of December 31, 1981, may be appraised by an employee of the State qualified to appraise lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §27; Supp, §103A-49; HRS §171-52; am L 1976, c 12, §1; am L 1977, c 3, §1; am L 1982, c 6, §1]
Haw. Rev. Stat. § 174C-5 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-5
General powers and duties.
Status: in_force

The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission:

(1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and water quality;

(2) Shall designate water management areas for regulation under this chapter where the commission, after the research and investigations mentioned in paragraph (1), shall consult with the appropriate county council and county water agency, and after public hearing and published notice, finds that the water resources of the areas are being threatened by existing or proposed withdrawals of water;

(3) Shall establish an instream use protection program designed to protect, enhance, and reestablish, where practicable, beneficial instream uses of water in the State;

(4) May contract and cooperate with the various agencies of the federal government and with state and local administrative and governmental agencies or private persons;

(5) May enter, after obtaining the consent of the property owner, at all reasonable times upon any property other than dwelling places for the purposes of conducting investigations and studies or enforcing any of the provisions of this code, being liable, however, for actual damage done. If consent cannot be obtained, reasonable notice shall be given prior to entry;

(6) Shall cooperate with federal agencies, other state agencies, county or other local governmental organizations, and all other public and private agencies created for the purpose of utilizing and conserving the waters of the State, and assist these organizations and agencies in coordinating the use of their facilities and participate in the exchange of ideas, knowledge, and data with these organizations and agencies. For this purpose the commission shall maintain an advisory staff of experts;

(7) Shall prepare, publish, and issue printed pamphlets and bulletins as the commission deems necessary for the dissemination of information to the public concerning its activities;

(8) May appoint and remove agents, including hearings officers and consultants, necessary to carry out the purposes of this chapter, who may be engaged by the commission without regard to the requirements of chapter 76 and section 78-1;

(9) May hire employees in accordance with chapter 76;

(10) May acquire, lease, and dispose of real and personal property as may be necessary in the performance of its functions, including the acquisition of real property for the purpose of conserving and protecting water and water related resources as provided in section 174C-14;

(11) Shall identify, by continuing study, those areas of the State where salt water intrusion is a threat to fresh water resources and report its findings to the appropriate county mayor and council and the public;

(12) Shall provide coordination, cooperation, or approval necessary to the effectuation of any plan or project of the federal government in connection with or concerning the waters of the State. The commission shall approve or disapprove any federal plans or projects on behalf of the State. No other agency or department of the State shall assume the duties delegated to the commission under this paragraph; except that the department of health shall continue to exercise the powers vested in it with respect to water quality, and except that the department of business, economic development, and tourism shall continue to carry out its duties and responsibilities under chapter 205A;

(13) Shall plan and coordinate programs for the development, conservation, protection, control, and regulation of water resources, based upon the best available information, and in cooperation with federal agencies, other state agencies, county or other local governmental organizations, and other public and private agencies created for the utilization and conservation of water;

(14) Shall catalog and maintain an inventory of all water uses and water resources; and

(15) Shall determine appurtenant water rights, including but not limited to the quantification of the amount of water and the specification of the water course or the means of access and delivery entitled to by that right, which determination shall be valid for purposes of this chapter. [L 1987, c 45, pt of §2; am L 1988, c 141, §12; am L 1990, c 293, §8; am L 2000, c 253, §150; am L 2002, c 35, §1; am L 2006, c 300, §7; am L 2022, c 27, §3]
Haw. Rev. Stat. § 174C-62 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-62
Declaration of water shortage.
Status: in_force

(a) The commission shall formulate a plan for implementation during periods of water shortage. As a part of the plan, the commission shall adopt a reasonable system of permit classification according to source of water supply, method of extraction or diversion, use of water, or a combination thereof.

(b) The commission, by rule, may declare that a water shortage exists within all or part of an area when insufficient water is available to meet the requirements of the permit system or when conditions are such as to require a temporary reduction in total water use within the area to protect water resources from serious harm. The commission shall publish a set of criteria for determining when a water shortage exists.

(c) In accordance with the plan adopted under subsection (a), the commission may impose such restrictions on one or more classes of permits as may be necessary to protect the water resources of the area from serious harm and to restore them to their previous condition.

(d) A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by rule by the commission.

(e) When a water shortage is declared, the commission shall cause a notice thereof to be published in a prominent place in a newspaper of general circulation throughout the area. The notice shall be published each day for the first week of the shortage and once a week thereafter until the declaration is rescinded. Publication of such notice shall serve as notice to all water users in the area of the condition of water shortage.

(f) The commission shall cause each permittee in the area to be notified by regular mail of any change in the conditions of the permittee's permit, any suspension thereof, or of any other restriction on the use of water for the duration of the water shortage.

(g) If an emergency condition arises due to a water shortage within any area, whether within or outside of a water management area, and if the commission finds that the restrictions imposed under subsection (c) are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish, or aquatic life, or a public water supply, or recreational, municipal, agricultural, or other reasonable uses, the commission may issue orders reciting the existence of such an emergency and requiring that such actions as the commission deems necessary to meet the emergency be taken, including but not limited to apportioning, rotating, limiting, or prohibiting the use of the water resources of the area. Any party to whom an emergency order is directed may challenge such an order but shall immediately comply with the order, pending disposition of the party's challenge. The commission shall give precedence to a hearing on such challenge over all other pending matters. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 183D-27.5 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-27.5
Harassment of hunters; prohibition.
Status: in_force

(a) No person shall intentionally prevent or attempt to prevent the lawful taking of game by a person licensed pursuant to section 183D-21 by:

(1) Placing the person's self in a location in which human presence may affect the behavior of game to be taken or the feasibility of taking such game;

(2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken;

(3) Affecting the condition or placement of personal property intended for use in the taking; or

(4) Obstructing the person's access to areas in which the person intends to lawfully take game.

(b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section.

(c) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both. [L 1995, c 186, §1]
Haw. Rev. Stat. § 171-86 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-86
Purpose.
Status: in_force

It is the purpose of this part, in the public interest, to provide for immediate relocation and rehabilitation of disaster victims by making public lands available in the manner hereinafter provided, when a natural disaster strikes the State and devastates large tracts of lands and causes the necessity for immediate relocation of persons from the devastated areas.
Haw. Rev. Stat. § 174-18 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-18
Approval of legislature, appropriations.
Status: in_force

Funds for acquisition or construction of facilities for each project, established by the board of land and natural resources under sections 174-13 and 174-17, may be requested from the legislature, as an appropriation to be repaid without interest to the general funds of the State by the board from water tolls, acreage assessments, and other receipts of the board within such period as may be specified in the act making the appropriation.
Haw. Rev. Stat. § 196-42 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-42
State support for achieving alternate fuels standards and clean ground transportation goals.
Status: in_force

(a) The State shall facilitate the development of alternate fuels and support the attainment of a statewide alternate fuels standard of ten per cent of highway fuel demand to be provided by alternate fuels by 2010, fifteen per cent by 2015, twenty per cent by 2020, and thirty per cent by 2030. For purposes of the alternate fuels standard, ethanol produced from cellulosic materials shall be considered the equivalent of two and one-half gallons of noncellulosic ethanol. "Alternate fuels" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that it shall also include liquid or gaseous fuels produced from renewable feedstocks such as organic wastes, or from water using electricity from renewable energy sources.

(b) The State shall support the attainment of the clean ground transportation target established pursuant to section [196-9(c)(11)]. [L 2006, c 240, §5; am L 2010, c 175, §2; am L 2021, c 74, §6]
Haw. Rev. Stat. § 171-141 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-141
Lease for eligible permittee in industrial park.
Status: in_force

(a) Notwithstanding any other provision of law to the contrary:

(1) A parcel of the public lands within an industrial park which had been occupied and used under a permit on the day before the date of designation of that industrial park shall be an economic unit in that industrial park. For the purpose of this section:

(A) "Date of designation" means the effective date of the resolution or law which designates an industrial park; and

(B) "Eligible economic unit" means an economic unit referred to under this paragraph;

(2) A person with a permit to use an eligible economic unit on the day before the date of designation of that industrial park shall be given first preference to lease that unit after the date of designation if the person is an eligible lessee. For the purpose of this section, an "eligible permittee" means a person referred to under this paragraph;

(3) The board shall issue a lease to an eligible permittee for an eligible economic unit under mutually agreeable terms, conditions, and lease rent. The lease shall be issued through negotiations, without regard to the limitations set forth in section 171-16(c) and section 171-59(a). The terms, conditions, and rent under the lease shall be in conformance with this chapter, and the board shall include lease covenants in each lease for the placement and construction of improvements in accordance with minimum standards established by applicable county building codes;

(4) The board shall negotiate in good faith with each eligible permittee. If the board and eligible permittee cannot agree to a lease within one hundred eighty days from the date of designation, the board shall have no further obligation to negotiate with or issue a lease to the eligible permittee and may issue a lease for the eligible economic unit to another person after the one hundred eighty-day period; provided that any lease for the eligible economic unit issued subsequent to the termination of the one hundred eighty-day period shall not include terms and conditions which are less restrictive, and a lease rent which is less, than the terms, conditions, and lease rent last offered in writing by the eligible permittee and received by the board; and

(5) The board, in lieu of issuing a lease under paragraph (3), may issue a master lease to a corporation whose members or shareholders shall be either eligible permittees or eligible sublessees of the industrial park, through negotiations and without regard to the limitations provided in section 171-16(c) and section 171-59(a). The master lease shall provide for the issuance of subleases to eligible permittees and other sublessees approved by the board, on terms and conditions approved by the board. The terms and conditions of a master lease concerning the authority to sublease shall supersede any contrary term or condition in a development agreement executed prior to the issuance of the master lease; provided that all other terms and conditions of the development agreement shall be incorporated and made a part of the master lease. All terms, conditions, and rents under the master lease and subleases shall be in conformance with this chapter, and the board shall include lease covenants in the master lease and each sublease for the placement and construction of improvements in accordance with minimum standards established by applicable county building codes. The lessee under the master lease shall assume the responsibility of administering and monitoring permittee compliance with all sublease obligations.

(b) It is the intent of the legislature that persons occupying and using under a month-to-month or revocable permit public lands which have been designated as part of an industrial park be given the opportunity to lease the same public lands occupied and used prior to the designation. The application, construction, and interpretation of this section shall reflect this intent. [L 1988, c 361, pt of §1; am L 1991, c 173, §4; am L 2002, c 139, §3]
Haw. Rev. Stat. § 195D-32 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-32
Citizen suits.
Status: in_force

(a) Except as provided in subsection (b), any person, acting as a private attorney general, may commence a civil suit on the person's behalf:

(1) Against any state or county agency or instrumentality that is alleged to be in violation of the terms of, or [fails] to fulfill the obligations imposed and agreed to under any habitat conservation plan or safe harbor agreement and accompanying license for public lands as authorized under sections 195D-21 and 195D-22; or

(2) Against the department or board, where there is alleged a failure of the department or board to perform any act or duty required under a habitat conservation plan or safe harbor agreement and accompanying license issued for public lands.

(b) The circuit environmental courts shall have jurisdiction to enforce this section or to order the department or board to perform any act or duty required under this section, provided that:

(1) No action may be commenced under subsection (a)(1) less than sixty days after written notice of the alleged violation has been given to the department, and to the state or county agency or instrumentality alleged to be in violation of this section, except that the action may be brought immediately after the notification in the case of an emergency posing a significant risk to the well-being of any species of fish, wildlife, or plant; and

(2) No action may be commenced under subsection (a)(2) less than sixty days after written notice of the alleged violation has been given to the department, except that the action may be brought immediately after the notification in the case of an emergency posing a significant risk to the well-being of any species of fish or wildlife, or plant.

(c) Any suit brought pursuant to this section may be brought in the judicial circuit where the alleged violation occurred or is occurring. In any suit brought pursuant to this section, where the State is not a party, the attorney general, at the request of the department, may intervene on behalf of the State as a matter of right.

(d) The injunctive relief provided by this section shall not restrict any right that any person or class of persons may have under any other law, including common law, to seek enforcement of any standard or limitation or to seek any other relief, including relief against any instrumentality or agency of the State. [L 2003, c 35, §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 190D-3 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-3
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Agency" means any federal, state, local, or foreign government or any entity of any such government.

"Application" means a conservation district use application.

"Board" means the board of land and natural resources.

"Chairperson" means the chairperson of the board of land and natural resources.

"Commercial lease" means a lease of state marine waters or submerged lands for marine activities designed for profit.

"Department" means the department of land and natural resources.

"Economic unit" means the water column, state submerged lands beneath the water column, and water surface above the water column which shall be treated as one economic unit for the calculation of lease rents.

"Lessee" means the holder of a valid lease granted pursuant to this chapter.

"Mariculture" means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored.

"Marine activities" means ocean thermal energy conversion (OTEC); mariculture; and other energy or water research, scientific, and educational activities in, on, or under state marine waters, which are exclusive, non-transient in nature, and which occupy a discrete area of state marine waters.

"Noncommercial lease" means a lease of state marine waters for marine activities not designed for profit.

"OTEC" means ocean thermal energy conversion.

"OTEC facility" means an ocean thermal energy conversion facility which is located onshore, standing on submerged lands, or moored in state marine waters, and which is designed to use temperature differences in ocean water to produce energy or energy product equivalents and includes any surface and subsurface structures, intake and discharge pipes, and underwater power cables integrated with or appurtenant to such a facility.

"State marine waters" means all waters of the State, including the water column, water surface, and state submerged lands, extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.

"Water column" means the vertical extent of marine waters, including the surface, above submerged lands. [L 1986, c 91, pt of §1; am L 1990, c 126, §5; am L 1999, c 176, §§3, 11; am L 2002, c 203, §1]
Haw. Rev. Stat. § 179D-4 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-4
Liability for damages.
Status: in_force

(a) Nothing contained in this chapter shall be construed to constitute a waiver of any immunity of the State and no action or failure to act under this chapter shall be construed to create any liability in the State, board, department, or its officers or employees, for the recovery of damages caused by the action or failure to act.

(b) Nothing in this chapter and no order, action, or advice of the State, board, department, or any representative thereof, shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of a dam or reservoir; provided that an owner or operator of a dam or reservoir shall not be liable for damages as a result of only natural causes such as earthquakes of an average recurrence interval of one thousand years, hurricanes, or extraordinary rains of an average recurrence interval in excess of two hundred fifty years.

(c) The State assumes no ownership obligations, responsibilities, or liability for any action pursuant to section 179D-24. [L 1987, c 199, pt of §1; am L 2007, c 262, §6]
Haw. Rev. Stat. § 184-4.2 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-4.2
[ §184-4.
Status: in_force

[ §184-4.2] Registration required for rental vessels; registration number; fees. (a) Beginning January 1, 2026, no person shall rent or lease, or offer for rent or lease, a vessel to the public for transiting the navigable waters of a state park, unless the rental vessel is registered and numbered with the division of state parks of the department in accordance with rules adopted by the department pursuant to chapter 91 or authorized by a special use permit.

(b) Beginning January 1, 2026, every rental vessel rented or leased, or offered for rent or lease, to the public for transiting the navigable waters of a state park shall have a registration number affixed to the rental vessel.

(c) The department may adopt rules pursuant to chapter 91 to establish conditions of use for rental vessels transiting the navigable waters of a state park and reasonable fees for the initial registration, annual renewal registration, and ancillary decals of those rental vessels, to be deposited to the credit of the state parks special fund.

(d) For the purposes of this section, "vessel" has the same meaning as in section 200-6 and includes but is not limited to barges, boats, canoes, catamarans, charter boats, cruisers, ferryboats, fishing boats, flatboats, floating cabanas, houseboats, jet skis, kayaks, motor vessels, motorboats, party boats, powerboats, rafts, rowboats, sailboats, scows, ships, stand-up paddleboards, towboats, tugs, windsurfers, or any similar buoyant devices permitting or capable of free flotation. [L 2025, c 128, §2]
Haw. Rev. Stat. § 171-49 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-49
Residence lots: unsold; forfeited; surrendered.
Status: in_force

Any lot not sold or leased at public auction or drawing, or sold or leased and forfeited, or surrendered after sale or lease with the consent of the board of land and natural resources, which consent is authorized, may, subject to section 171-21, be disposed of by the board as follows:

(1) The board shall hold the lot without disposition for a period of thirty days, during which time, any person otherwise qualified to bid interested in securing the lot may apply therefor in writing.

(2) Upon the expiration of thirty days, if not more than one person has applied for the lot, the board may dispose of the lot to the sole applicant without public auction at not less than the prior upset price; provided that if the lot is one among several available lots and there are more applicants than available lots, this paragraph shall not apply.

(3) If more than one person has applied for the lot, or if there are more applicants than available lots, upon the expiration of thirty days, the board shall by sale or lease dispose of the lot or all of the available lots, as the case may be, at drawing as provided in section 171-15 or at public auction as provided in sections 171-14 and 171-16, at the prior upset price or, if the drawing or public auction is held more than six months after the date of the prior drawing or public auction, at the upset price fixed by a reappraisal. [L 1962, c 32, pt of §2; Supp, §103A-46; HRS §171-49; am L 1970, c 184, §3]
Haw. Rev. Stat. § 195-6 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-6
Natural area reserves system commission.
Status: in_force

There shall be a natural area reserves system commission, hereinafter called the "commission". The commission shall consist of thirteen members who shall be appointed in the manner and serve for the term set in section 26-34. Six of the members of the commission shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology; one member shall be a person possessing membership in a hiking organization organized in the State; one member shall be a person possessing membership in a hunting organization organized in the State; and one member shall be a person possessing a background in native Hawaiian traditional and customary practices. The chairperson of the board of land and natural resources, the director of the office of planning and sustainable development, the chairperson of the board of agriculture and biosecurity and the president of the University of Hawaii, or their designated representatives, shall serve as ex officio[,] voting members. The governor shall appoint the chairperson from one of the appointed members of the commission. The members shall receive no compensation for their services on the commission but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.

The commission shall be a part of the department for administrative purposes as provided in section 26-35.

Any action taken by the commission shall be by a simple majority of its members. Seven members of the commission shall constitute a quorum to do business.

The commission may engage employees necessary to perform its duties, including administrative personnel, as provided by section 26-35.

The commission shall adopt rules guiding its conduct and shall maintain a record of its activities and actions. [L 1970, c 139, pt of §1; am L 1987, c 336, §8 and c 350, §4; am L 1993, c 274, §1; am L 1996, c 299, §3; am L 2013, c 4, §1; am L 2021, c 153, §8 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 187A-7 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-7
Expenditures.
Status: in_force

(a) The department may expend all appropriations made for the purpose of effectuating the objects of title 12.

(b) To further the purposes of title 12, the department may:

(1) Use lands set apart for the department's use by the governor; and

(2) Accept gifts and contributions or enter into contracts. Gifts and contributions may be accepted from, or contracts entered into with, public or private agencies or individuals. Any gifts and contributions accepted under this section to benefit sport fish or sport fishing shall be subject to the requirements specified under section 187A-9.5.

(c) All expenditures by the department shall be approved and certified by the board. [L 1985, c 94, pt of §1; am L 1993, c 143, §2]
Haw. Rev. Stat. § 171-58 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-58
Minerals and water rights.
Status: reserved

(a) Except as provided in this section, the right to any mineral or surface or ground water shall not be included in any lease, agreement, or sale, this right being reserved to the State; provided that the board may make provisions in the lease, agreement, or sale, for the payment of just compensation to the surface owner for improvements taken as a condition precedent to the exercise by the State of any reserved rights to enter, sever, and remove minerals or to capture, divert, or impound water.

(b) Disposition of mineral rights shall be in accordance with the laws relating to the disposition of mineral rights enacted or hereafter enacted by the legislature.

(c) Disposition of water rights may be made by lease at public auction as provided in this chapter or by permit for temporary use on a month-to-month basis under those conditions that will best serve the interests of the State and subject to a maximum term of one year and other restrictions under the law; provided that any disposition by lease shall be subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session next following the date of disposition; provided further that after a certain land or water use has been authorized by the board subsequent to public hearings and conservation district use application and environmental impact statement approvals, water used in nonpolluting ways, for nonconsumptive purposes because it is returned to the same stream or other body of water from which it was drawn, essentially not affecting the volume and quality of water or biota in the stream or other body of water, may also be leased by the board with the prior approval of the governor and the prior authorization of the legislature by concurrent resolution.

(d) Any lease of water rights shall contain a covenant on the part of the lessee that the lessee shall provide from waters leased from the State under the lease or from any water sources privately owned by the lessee to any farmer or rancher engaged in irrigated pasture operations, crop farming, pen feeding operations, or raising of grain and forage crops, or for those public uses and purposes as may be determined by the board, at the same rental price paid under the lease, plus the proportionate actual costs, as determined by the board, to make these waters available, so much of the waters as are determined by the board to be surplus to the lessee's needs and for that minimum period as the board shall accordingly determine; provided that in lieu of payment for those waters as the State may take for public uses and purposes the board may elect to reduce the rental price under the lease of water rights in proportion to the value of the waters and the proportionate actual costs of making the waters available. Subject to the applicable provisions of section 171-37(3), the board, at any time during the term of the lease of water rights, may withdraw from waters leased from the State and from sources privately owned by the lessee so much water as it may deem necessary to (1) preserve human life and (2) preserve animal life, in that order of priority; and that from waters leased from the State the board, at any time during the term of the lease of water rights, may also withdraw so much water as it may deem necessary to preserve crops; provided that payment for the waters shall be made in the same manner as provided in this section.

(e) Any new lease of water rights shall contain a covenant that requires the lessee and the department of land and natural resources to jointly develop and implement a watershed management plan. The board shall not approve any new lease of water rights without the foregoing covenant or a watershed management plan. The board shall prescribe the minimum content of a watershed management plan; provided that the watershed management plan shall require the prevention of the degradation of surface water and ground water quality to the extent that degradation can be avoided using reasonable management practices.

(f) Upon renewal, any lease of water rights shall contain a covenant that requires the lessee and the department of land and natural resources to jointly develop and implement a watershed management plan. The board shall not renew any lease of water rights without the foregoing covenant or a watershed management plan. The board shall prescribe the minimum content of a watershed management plan; provided that the watershed management plan shall require the prevention of the degradation of surface water and ground water quality to the extent that degradation can be avoided using reasonable management practices.

(g) The department of land and natural resources shall notify the department of Hawaiian home lands of its intent to execute any new lease, or to renew any existing lease of water rights. After consultation with affected beneficiaries, these departments shall jointly develop a reservation of water rights sufficient to support current and future homestead needs. Any lease of water rights or renewal shall be subject to the rights of the department of Hawaiian home lands as provided by section 221 of the Hawaiian Homes Commission Act.

(h) This section shall not apply to the disposition of water rights for the instream use of water for traditional and customary kalo cultivation practices. [L 1962, c 32, pt of §2; am L 1965, c 239, §32; Supp, §103A-55; HRS §171-58; am L 1970, c 101, §1; am L 1987, c 367, §1; am L 1990, c 201, §1; am L 1991, c 325, §3; am L 2016, c 126, §§1, 4(1); am L 2022, c 27, §2]
Haw. Rev. Stat. § 189-3.5 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-3.5
Catch report; shared jurisdiction of fisheries.
Status: in_force

(a) Where there is a shared jurisdiction between the state and federal government over a fishery, the department shall adopt rules necessary to effectuate the federal requirements.

(b) Any information submitted to the department by any person in compliance with any requirement under this section shall be confidential and shall not be disclosed, except when required under court order or pursuant to subpoena issued by the department of the attorney general, or with the prior written consent of the person who submitted the information, or under cooperative agreements with government agencies of the United States for exchange and use of the information specifically to manage marine life. The department, by rule, may establish procedures necessary to preserve the confidentiality, except that the department may release or make public any information in the aggregate or summary form which does not directly or indirectly disclose the identity of any person who submits information.

(c) This section shall not apply to the Papahanaumokuakea Marine National Monument. [L 2008, c 113, §2]
Haw. Rev. Stat. § 200-3.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-3.5
[ §200-3.
Status: in_force

[ §200-3.5] Prohibited commercial activities on certain beaches; administrative fine. (a) No commercial vendor shall preset commercial beach equipment on any beach under the jurisdiction of the department unless the customer is physically present for the immediate use of the commercial beach equipment. The commercial vendor shall expeditiously remove the commercial beach equipment after the customer has finished using it.

(b) The department may authorize exemptions to subsection (a) through rules adopted pursuant to chapter 91.

(c) Any commercial vendor who violates subsection (a) shall be subject to an administrative fine of:

(1) $5,000 for a first offense;

(2) $10,000 for a second offense; and

(3) $15,000 for a third or subsequent offense.

(d) This section shall apply to beaches:

(1) Under the jurisdiction of the department, including private beaches in which the State has an easement or other property interest; and

(2) Within a county with a population of more than:

(A) Nine hundred thousand; or

(B) One hundred thousand but fewer than one hundred eighty thousand.

This section shall not apply to private beaches in which the State has no property interest.

(e) As used in this section:

"Commercial beach equipment" means recreational equipment for rent, including chairs, umbrellas, surfboards, paddleboards, kayaks, and other non-motorized watercraft equipment.

"Preset" means to set up or have physically ready for use commercial beach equipment by a commercial vendor. [L 2023, c 227, §1]
Haw. Rev. Stat. § 200-12 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-12
Administration of state small boat harbors.
Status: in_force

The department shall include a separate administrative unit which shall administer the state small boat harbors and the state comprehensive recreational boating program. The unit shall:

(1) Adopt necessary rules under section 200-4 for the purposes of this section;

(2) Organize a comprehensive recreational boating program; and

(3) Develop standard permits, and fees, for moorage in state small boat harbors to comply with section 200-10. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 174-6 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-6
Further powers.
Status: in_force

(a) The board of land and natural resources shall also have power:

(1) To establish the total amount of acreage assessments to be levied annually within each project;

(2) To set and from time to time revise tolls which it shall charge for the water provided by its facilities, subject to the rate policies established hereunder; to establish priorities between the several lands included in a project according to the use to which the lands are put or other reasonable basis for classification; to govern the furnishing of water in the event of a shortage of supply and to correlate water tolls with such priorities;

(3) To charge and collect such tolls, fees, and other charges established in connection herewith;

(4) To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein, to any person, firm, corporation, or government, except as prohibited by the laws of the State;

(5) To hold, clear, and improve property;

(6) To borrow money for any of the purposes hereunder;

(7) To insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable;

(8) To include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.

The board shall also have the power to enter into any repayment or other contracts with the United States for the construction, operation, and maintenance of any projects as may be required or provided for by the federal reclamation laws, or acts amendatory thereof or supplementary thereto, or other federal laws, and further to borrow money or accept grants or assistance from the federal government, or any department, bureau, or agency thereof with respect to the engineering, construction, operation, and financing of any project hereunder. The board shall make every effort to obtain all federal aid possible for the purposes of this chapter.

(b) In making surveys, studies, and investigations, in planning and designing, and in constructing projects and facilities for economic development, the board shall also have power to include therein surveys, studies, and investigations of, plans and designs for and construction of facilities for flood control and the utilization of water for the production of hydroelectric power, where the same may be practicable in conjunction with the formation and operation of a project or projects. [L 1961, c 166, pt of §3; Supp, pt of §86-5; HRS §174-6; am L 1987, c 306, §7]
Haw. Rev. Stat. § 183D-42 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-42
Inspection of private and commercial shooting preserve and game farm.
Status: in_force

Any member of the board or an authorized representative may enter, at any time, upon any private and commercial shooting preserve or game farm of a licensee for the purpose of inspection thereof, or for the purpose of enforcing this chapter or any game law.
Haw. Rev. Stat. § 171-37 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-37
Lease restrictions; intensive agricultural and pasture uses.
Status: in_force

In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses:

(1) The lease term shall not be less than fifteen years nor more than thirty-five years, except that if the type of disposition requires the lessee to occupy the premises as the lessee's own personal residence, the lease term may be longer than thirty-five years; provided that the lease term shall not be in excess of seventy-five years, except that in the case of a tree-crop orchard lease, the term shall not be in excess of forty-five years;

(2) If the land being leased is not immediately productive and requires extensive expenditures for clearing, conditioning of the soil, the securing of water, the planting of grasses, or the construction of improvements, as the result of which a longer term is necessary to amortize the lessee's investment, then the lease term may be longer than thirty-five years, but not in excess of fifty-five years; and

(3) The land leased hereunder, or any portion thereof, shall be subject to withdrawal by the board at any time during the term of the lease with reasonable notice and compensation, as provided in section 171-37.5, for public uses or purposes, including residential, commercial, industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises.

"Tree-crop", as used in this section, shall be exclusive of papaya and banana. [L 1962, c 32, pt of §2; am L 1965, c 239, §19; Supp, §103A-37; am L 1967, c 234, §15; HRS §171-37; am L 1973, c 68, §1; am L 1982, c 198, §1; gen ch 1985; am L 1987, c 88, §1; am L 2013, c 234, §3]
Haw. Rev. Stat. § 180-3 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-3
Additional powers and duties of department.
Status: in_force

The department of land and natural resources may:

(1) Offer appropriate assistance to the directors of districts in carrying out their powers and programs;

(2) Keep districts informed of the activities of other such districts and facilitate cooperation between them;

(3) Coordinate district programs so far as that may be done by advice and consultation;

(4) Obtain the assistance of the United States and of other state agencies in the work of the districts;

(5) Disseminate information throughout the State concerning district activities and programs and encourage the formation of districts in appropriate areas. [L 1947, c 191, pt of §4; RL 1955, §28-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-3]