Haw. Rev. Stat. § 171-60 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-60
Development through private developer.
Status: in_force

(a) Leasehold projects. Notwithstanding anything in this chapter to the contrary, the board, by negotiation and without recourse to public auction, with the prior approval of the governor and authorization of the legislature by concurrent resolution approving a development project, the concurrent resolution to be adopted by each house no earlier than forty-eight hours after printed copies thereof have been made available to members of that house, may lease public lands, including submerged lands to be reclaimed at the developer's or developers' expense, to a private developer or developers, or enter into a development agreement with a private developer or developers, for development and subdivision of the lands as a leasehold project for agricultural, industrial, single-family or multiple-family residential, commercial, business, or hotel and resort uses, as provided in this subsection.

Prior to leasing any public land to, or entering into a development contract with, a developer or developers, the board shall:

(1) Determine:

(A) Whether the lands shall be developed by disposition or contract;

(B) The location, area, and size of the lands to be developed;

(C) The use or uses to which the lands shall be put, which shall be in conformity with the applicable state, city and county, or county zoning and subdivision laws, ordinances, or regulations;

(D) The estimated period of time to construct and complete the development;

(E) Minimum requirements for on-site and off-site improvements, if any;

(F) Whether any beach rights-of-way or public game preserves should be established; and

(G) Other terms and conditions that are deemed necessary by the board;

(2) Set the minimum rental of the lands to be developed on the basis of an appraisal report prepared by an appraiser for the board determining the fair market value of the lands to be developed;

(3) Give public notice of the proposed disposition or contract at least once in each of three successive weeks statewide and, in addition, in the appropriate county, if the land is situated in the first, second, and fourth districts. The notice shall invite interested persons to submit applications to be selected as the developer or developers for the project and sealed bids for the development of the lands. The notice shall also state in general terms the size, location, and minimum rental of the area to be leased to the developer or developers, the minimum requirements for any required off-site and on-site improvement, the maximum estimated period of time to install and complete the construction of any required improvement, the use or uses to which the lands shall be put, the last date on which applications and sealed bids will be received by the board, which date shall not be less than thirty days or more than ninety days after the last notice, and the times and places at which more detailed information with respect to the disposition or contract may be secured by interested persons.

Each applicant shall include, together with the applicant's sealed bid, a financial statement, and performance and experience records in real estate development; provided that the board, in its discretion, may require the applicant to submit answers, under oath, to questions contained in a questionnaire prepared by the board; the applicant's sealed bid shall include a development plan in as much detail as possible and including but not limited to the following: the applicant's proposal as to how and when the applicant intends to develop the land, including any permitted incremental development, the amount of money the applicant intends to commit to the total project, the method of recovery of the applicant's costs and profits, the amount the applicant agrees to pay to lease or contract to develop the land, and the income the State will receive from leases;

(4) Establish reasonable criteria for the selection of the private developer or developers; and

(5) Determine within forty-five days of the last day for filing applications the applicant or applicants who meet the criteria for selection set by the board, and notify all applicants of its determination within seven days of a determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board were followed; provided that if any applicant does not notify the board of any objections and the grounds therefor, in writing, within ten days of the receipt of a notice, the applicant shall be barred from proceeding to seek legal remedy for an alleged failure of the board to follow the conditions and criteria.

If only one applicant meets the criteria for selection as the developer, the board then may negotiate the details of the disposition of the public lands to, or enter into a development contract with, the developer; provided that the terms of the disposition or contract shall not be less than those proposed by the developer in the application and shall be subject to the concurrence of the governor. If two or more applicants meet the criteria for selection, the board shall consider all of the relevant facts of the disposition or contract, the proposals submitted by each applicant, the experience and financial capability of each applicant, and within forty-five days from the date of selection of the applicants that met the criteria, shall select the applicant who submitted the best offer. The board then may negotiate the details of the disposition of the public lands or enter into a development contract with the developer; provided that the terms of the disposition or contract shall not be less than those proposed by the developer in the application and shall be subject to the concurrence of the governor.

The terms of any disposition or development contract shall include the following, wherever appropriate:

(A) The development and subdivision shall comply with appropriate state, county, and city and county zoning and subdivision requirements;

(B) The developer or developers shall file with the board a good and sufficient bond conditioned upon the full and faithful performance of all the terms, covenants, and conditions of the disposition or development contract;

(C) The use or uses to which the land will be put. Development of large, though economic, tracts of land with multiple but complementary uses should be encouraged;

(D) The dates on which the developer must submit preliminary plans and final plans and specifications for the total development to the board for approval, which approval shall not be arbitrarily or capriciously withheld. No construction shall commence until the board has approved the final plans and specifications; provided that with board approval construction on an incremental basis may be permitted;

(E) The date of completion of the total development, including the date of completion of any permitted incremental development;

(F) The minimum requirements for off-site and on-site improvements that the developer must install, construct, and complete by the date of completion of the total development. The board may permit incremental development and establish the minimum requirements for off-site and on-site improvements that must be installed, constructed, and completed prior to the date of completion of the total development;

(G) In the event of a lease the developer may be permitted, after the developer has completed construction of any required off-site improvement, to assign or sublease with board approval portions of the leased lands in which the construction of any required off-site improvement has been completed to a purchaser or sublessee who shall assume the obligations of the developer relative to the parcel being assigned or subleased, including the construction of any on-site improvement. The board may permit a developer to share in the lease rent for a fixed period in order to recover costs and profit;

(H) A development agreement may provide that the board shall issue a lease to the nominee or nominees of the developer, including the developer, pursuant to the terms previously negotiated and agreed upon between the developer and the board, including the lease rent to the lessee and the method of recoupment of expenses and profit by the developer;

(I) The board shall lay out and establish a number of rights-of-way from proposed or established highways to the public beaches and game preserves in order that the right of the people to utilize the public beach or beaches and public game preserves shall be protected.

Prior to leasing or entering into any development contract, the board shall determine the feasibility of hunting on the lands, and if any of them is suitable for hunting or during the term of the lease may become suitable for hunting, the board may reserve the lands as game preserves. Where the board finds that hunting on the lands would not be consistent with the rights of the lessee or for other good cause, the board need not reserve the lands as game preserves.

The cost of the rights-of-way and any fencing which may be required shall be borne by the State, lessee, or jointly as the board may deem appropriate prior to the leasing of the lands.

In any disposition of beach-front lands, the board shall give consideration to the needs of the public for beach area above and below the high-water mark;

(J) The board may include in any development contract or lease, provisions concerning notice of breach or default, rights of a holder of a security interest, and consent to mortgage as set forth in sections 171-20, 171-21, and 171-22, respectively; and

(K) Any other terms and conditions set by the board.

The term "developer" as used in this subsection means a person, firm, corporation, partnership, association, trust, or other legal entity, or a combination of any thereof, who or which has experience in the development and subdivision of land for single-family, multiple-family, industrial, hotel and resort, business commercial, or agricultural uses and has the financial ability satisfactory to the board to develop and subdivide land.

(b) Fee simple residential development. Notwithstanding anything in this chapter to the contrary, the board, by negotiation and without recourse to public auction, with the prior approval of the governor and authorization of the legislature by concurrent resolution approving the development project, the concurrent resolution to be adopted by each house no earlier than twenty-four hours after printed copies thereof have been made available to the members of that house, may dispose of public lands, including submerged lands to be reclaimed at developer's or developers' expense, by sale of the fee, for single-family or multiple-family residential uses, as provided in this subsection.

Prior to the sale in fee of any public land to a developer or developers, the board shall:

(1) Determine:

(A) The location, area, and size of the lands to be developed;

(B) The use or uses to which the lands shall be put, which shall be in conformity with the applicable state, city and county, or county zoning and subdivision laws, ordinances, or regulations;

(C) The estimated period of time to construct and complete the development;

(D) Minimum requirements for on-site and off-site improvements, if any;

(E) Whether any beach rights-of-way or game preserves should be established; and

(F) Any other terms and conditions deemed necessary by the board;

(2) Set the minimum sale price of the lands to be developed on the basis of an appraisal report prepared by an appraiser for the board determining the fair market value of the lands to be developed;

(3) Give public notice of the proposed disposition at least once in each of three successive weeks statewide and, in addition, in the appropriate county if the land is situated in the first, second, and fourth districts. The notice shall invite interested persons to submit applications to be selected as the developer or developers for the project and sealed bids for the development of the lands. The notice shall also state in general terms the size, location, and minimum sale price of the area to be sold to the developer or developers, the minimum requirements for any required off-site and on-site improvements, the maximum estimated period of time to install and complete the construction of any required improvements, the use or uses to which the lands shall be put, the last date on which applications and sealed bids will be received by the board, which date shall not be less than thirty days or more than ninety days after the last notice, and the times and places at which more detailed information with respect to the disposition may be secured by interested persons.

Each applicant shall include, together with the applicant's sealed bid, a financial statement and the applicant's performance and experience records in real estate development; provided that the board, in its discretion, may require the applicant to submit answers, under oath, to questions contained in a questionnaire prepared by the board; the applicant's sealed bid shall include a development plan in as much detail as possible and including but not limited to the following: the applicant's proposal as to how and when the applicant intends to develop the land, including any permitted incremental development, the amount of money the applicant intends to commit to the total project, the method of recovery of the applicant's costs and profits, and the amount the applicant agrees to pay to purchase the land;

(4) Establish reasonable criteria for the selection of the private developer or developers;

(5) Determine within forty-five days of the last day for filing applications, the applicant or applicants who meet the criteria for selection set by the board, and notify all applicants of its determination within seven days of its determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board were followed; provided that if any applicant does not notify the board of the applicant's objections and the grounds therefor, in writing, within ten days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the board to follow the conditions and criteria.

If only one applicant meets the criteria for selection as the developer, the board may then negotiate the details of the disposition of the public lands to the developer; provided that the terms of the disposition shall not be less than those proposed by the developer in the developer's application and shall be subject to the concurrence of the governor. If two or more applicants meet the criteria for selection, the board shall consider all of the relevant facts of the disposition, the proposals submitted by each applicant, the experience and financial capability of each applicant and within forty-five days from the date of selection of the applicants that met the criteria, shall select the applicant who submitted the best offer. The board may then negotiate the details of the disposition of the public lands with the developer; provided that the terms of the disposition shall not be less than those proposed by the developer in the developer's application and shall be subject to the concurrence of the governor.

The terms of the disposition shall include the following:

(A) The development and subdivision shall comply with appropriate state, county, and city and county zoning and subdivision requirements;

(B) The developer or developers shall file with the board a good and sufficient bond conditioned upon the full and faithful performance of all the terms, covenants, and conditions of the disposition;

(C) The use or uses to which the land will be put;

(D) The dates on which the developer must submit preliminary plans and final plans and specifications for the total development to the board for approval, which approval shall not be arbitrarily or capriciously withheld. No construction shall commence until the board has approved the final plans and specifications; provided that with board approval construction on an incremental basis may be permitted;

(E) The date of completion of the total development, including the date of completion of any permitted incremental development;

(F) The minimum requirements for off-site and on-site improvements that the developer must install, construct, and complete by the date of completion of the total development. The board may permit incremental development and establish the minimum requirements for off-site and on-site improvements that must be installed, constructed, and completed prior to the date of completion of the total development;

(G) 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 the developer may assign, with the approval of the board, the developer's sales agreement with the board as security for a loan to finance the balance of or a part of either the purchase price of the land or the cost of improvements, or both; provided further that if incremental development is permitted and the developer has completed construction of the required improvements in the increment and is able to pay or has paid for the agreed purchase price of the land within the increment, then the developer shall be entitled to a land patent or a deed to the land within the completed increment;

(H) The board shall lay out and establish over and across the lands a reasonable number of rights-of-way from proposed or established highways to the public beaches and game preserves in order that the right of people to utilize the public beach or beaches and public game preserves shall be protected.

The board may provide for the reservation of any lands within the lands to be disposed as game preserves if the board determines the establishment of the game preserves to be in the public interest.

The cost of rights-of-way and fencing which may be required shall be borne by the State, developer, or jointly as the board may deem appropriate prior to the disposition of the lands.

In any disposition of beach-front lands, the board shall give consideration to the needs of the public for beach area above and below the high-water mark;

(I) The board may include in any sales agreement provisions concerning notice of breach or default, rights of a holder of a security interest, and consent to mortgage as set forth in sections 171-20, 171-21, and 171-22, respectively; and

(J) Other terms and conditions set by the board.

The term "developer" as used in this subsection means a person, firm, corporation, partnership, association, trust, or other legal entity, or a combination of any thereof, who or which has experience in the development and subdivision of land for single-family or multiple-family residential uses and has the financial ability satisfactory to the board to develop and subdivide land. [L 1965, c 239, §39; Supp, §103A-56.1; HRS §171-60; am L 1968, c 68, §2; am L 1970, c 83, §§3, 4; am L 1981, c 199, §3; am L 1983, c 178, §2; gen ch 1985; am L 1998, c 2, §38]
Haw. Rev. Stat. § 179D-8 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-8
Violations; penalties.
Status: in_force

(a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees, and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter. The administrative penalty shall not exceed $25,000 per day of a violation, and each day during which the violation continues shall constitute an additional, separate, and distinct violation. The board shall effectuate rules, procedures, and fee schedules to carry out the purposes of this section.

(b) Any person who negligently or after written notice to comply, violates this chapter or any rule, order, or condition adopted, issued, or required under this chapter, or knowingly obstructs, hinders, or prevents the department's agents or employees from performing duties under this chapter, shall be guilty of a class C felony, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction, by a mandatory fine of not less than $2,500 but not more than $25,000 per day of violation, imprisonment, or both; and

(2) For a second or subsequent conviction, by a mandatory fine of not less than $5,000 but not more than $50,000 per day of violation, imprisonment, or both.

(c) Any criminal action against a person for any violation of this chapter shall not preclude the State from pursuing civil legal action to recover administrative penalties, fees, and costs against that person. Any civil action against a person to recover administrative penalties, fees, and costs for any violation of this chapter or any rule, order, or condition adopted, issued, or required under this chapter shall not preclude the State from pursuing any criminal action against that person.

(d) With the assistance of the attorney general, the board may seek an injunction and damages in the enforcement of this chapter.

(e) All penalties, fees, and costs collected pursuant to this section or rules adopted by the board pursuant to this chapter, shall be deposited in the dam and reservoir safety special fund. [L 1987, c 199, pt of §1; am L 2007, c 262, §9]
Haw. Rev. Stat. § 174C-6 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-6
Deputy to the chairperson of the commission on water resource management.
Status: in_force

(a) There shall be a first deputy to the chairperson of the commission on water resource management ("deputy for water resource management") who shall be in addition to any other first deputy to the chairperson as the chairperson of the board of land and natural resources. The deputy shall have experience in the area of water resources and shall be appointed by the chairperson with the approval of a majority of the commission.

(b) The duties of the deputy for water resource management shall be to administer and implement, under the direction of the commission, the state water code and all rules, and other directives promulgated in accordance therewith by the commission. Nothing in this provision shall be construed as limiting the authority of the commission as to matters regarding water resources.

(c) The position of deputy for water resource management is not subject to chapter 76.

(d) The salary of the deputy for water resource management shall be as provided in section 26-53 for first deputies or first assistants to the head of any department. [L 1987, c 45, pt of §2; am L 1992, c 87, §5; am L 2000, c 253, §150]
Haw. Rev. Stat. § 171-43 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-43
Lease of campsites or sites for youth athletic and/or educational activities.
Status: in_force

The board of land and natural resources may directly lease without recourse to public auction to any eleemosynary or religious organization campsites or sites for youth athletic and/or educational activities in a state park area or on lands under the control of the department of land and natural resources at nominal consideration. Where the lease is for campsites, the lease shall provide that the lessee shall permit the public to use the campsites at the rates approved by the board in its rules and regulations. Except as provided herein, the terms and conditions of sections 171-33, 171-35 and 171-36 shall apply.
Haw. Rev. Stat. § 171-41.6 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-41.6
Lessees within the last ten years of their lease terms; requests for interest.
Status: in_force

[Repeal and reenactment on June 30, 2028. L 2018, c 149, §7.] (a) Notwithstanding any other provision of law to the contrary, and except as otherwise provided in section 171-36(b), (c), and (e) and section 171-193, a lessee of public land that is classified as commercial and industrial use pursuant to section 171-10 and that is subject to the management, administration, or control of the board may submit, during the last ten years of the term of the original lease, a written request to the board to initiate a request for interest process as provided in this section.

(b) Within one hundred eighty days of a lessee's written request to initiate a request for interest, the board shall:

(1) Appraise the value of the land and any improvements to the land that existed as of the date of the written request pursuant to section 171-17(a) and require the awardee of a new lease executed pursuant to this section to reimburse the department for the appraisal;

(2) Publish a request for interest and request for qualifications notice inviting persons to express their interest in leasing the land and their qualifications as potential lessees and describing any improvements to the land that exist as of the date of the written request. The notice shall be given at least once statewide and at least once in the county where the land is located and shall contain:

(A) The qualifications required of eligible lessees;

(B) A general description of the land, including the address and tax map key, and of any improvements to the land that existed as of the date of the written request;

(C) That the land to be leased is classified as commercial and industrial use pursuant to section 171-10;

(D) The appraised value of the land and of any improvements to the land that existed as of the date of the written request;

(E) The closing date and manner by which a person shall indicate interest and submit a statement of qualifications; and

(F) Notice that a business plan is a prerequisite to participate at time of auction or direct negotiation, if applicable, and shall be made a term of the lease.

(c) Within ninety days after the closing date specified in the notice, the board shall determine if any persons have qualified under the terms of the request for qualifications and shall notify all persons who expressed interest as to whether they qualified. The board shall also notify the current lessee as to whether any other persons qualified.

(d) The board shall enter into direct negotiation with the current lessee immediately upon notification if no other qualified persons have expressed interest in the property.

(e) If the land is not leased pursuant to subsection (d) within three years before the termination date of the lease, the board shall dispose of the land by public auction as provided in this chapter; provided that the board has determined that at least one person, who:

(1) Is not the current lessee;

(2) Has been determined by the board to be qualified; and

(3) Has submitted a business plan prior to the date of the auction,

has expressed interest in leasing the land and any improvements to the land that existed as of the date of the written request in subsection (a). The auction upset price shall be the greater of the current rent or the fair market rent pursuant to section 171-17(d) based upon the appraised value of the land and any improvements to the land that existed as of the date of the written request.

The current lessee may bid on a new lease at the public auction. The current lessee's business plan shall be deemed acceptable to the board and the current lessee shall not be required to submit a new business plan; provided that the current lessee is in compliance with the terms of the existing lease and has submitted a business plan prior to the date of the auction.

(f) Lease terms for any new lease executed pursuant to this section shall be determined by the board and shall:

(1) Not commence prior to the termination of the current lease;

(2) Establish the rent at no less than the greater of the current rent or the fair market rent pursuant to section 171-17(d) based upon the appraised value of the land and any improvements to the land that existed as of the date of the written request;

(3) If the lease is awarded after public auction to any person other than the current lessee, include a premium equal to the value of any improvements to the land made after the date of the written request in subsection (a), which shall be paid to the current lessee prior to transfer of the land and improvements to the new lessee; and

(4) Include the previously submitted business plan.

(g) Unless specifically required to do so by the board, the current lessee shall not be required to remove improvements or restore the land to a vacant condition at the expiration of the lease; provided that, without prejudice to any other rights or remedies that the current lessee or State may have, this subsection shall not alter any obligation of a current lessee to indemnify, defend, and hold the State harmless from any claims regarding pollution or contamination of the land with potentially hazardous substances.

(h) This section shall not apply to:

(1) Any lessee who is in arrears in the payment of taxes, rents, or other obligations owing to the State or any county or who has had, during the five years preceding the anticipated disposition of the public land at a public auction or direct negotiation, a sale, lease, license, permit, or easement covering other public lands canceled for failure to satisfy the terms and conditions thereof; or

(2) Any lease that is subject to cancellation for failure to satisfy the terms or conditions of a lease, license, permit, or easement covering the public lands.

(i) As used in this section, "improvements" means all physical improvements constructed, owned, or constructed and owned by the lessee during the lease term and shall exclude all infrastructure constructed, owned, or constructed and owned by third parties, such as water and sewer pipes, electricity and telephone lines and cables, or other infrastructure. [L 2017, c 215, pt of §2; am L 2018, c 149, §3; am L 2019, c 111, §2]
Haw. Rev. Stat. § 182-1 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-1
Definitions.
Status: reserved

In this chapter, if not inconsistent with the context:

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

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

"Force majeure" means any fire, explosion, flood, volcanic activity, seismic or tidal wave, mobilization, war (whether declared or undeclared), act of any belligerent [of] any such war, riot, rebellion, the elements, power shortages, strike, lock-out, difference of workers, any cause which prevents the economic mining of the lease, or any other cause beyond the reasonable control of the party affected, whether or not of the nature or character hereinabove specifically enumerated.

"Geothermal resources" means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas, other hydrocarbon substances, and any water, mineral in solution, or other product obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, and not used for electrical power generation.

"Geothermal resources development" means the development or production of electrical energy from geothermal resources and direct use application of geothermal resources. The term does not include "geothermal resources exploration".

"Geothermal resources exploration" means either of the following:

(1) Conducting non-invasive geophysical operations, including geochemical operations, remote sensing, and other similar techniques; or

(2) Drilling exploration wells for purposes including but not limited to the extraction and removal of minerals of types and quantities;

that are reasonably required for testing and analysis to provide ground truth or determine the economic viability of geothermal resources. The term does not include "geothermal resources development".

"Minerals" means any or all of the oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under any land, fast or submerged; but does not include sand, rock, gravel, and other materials suitable for use and used in general construction.

"Mining lease" means a lease of the right to conduct mining operations, including geothermal resource exploration or development, on state lands and reserved lands.

"Mining operations" means the process of excavation, extraction, and removal of minerals, and the exploration or development of any and all geothermal resources, from the ground, design engineering, other engineering, erection of transportation facilities and port facilities, erection of necessary plants, other necessary operations or development approved by the board preceding or connected with the actual extraction of minerals and the exploration or development of geothermal resources.

"Occupier" means any person who owns in fee the surface of the land or any person entitled to the possession of land under a certificate of occupation, a nine hundred and ninety-nine year homestead lease, a right of purchase lease, a cash freehold agreement, and any person entitled to possession under a general lease from the State, and also means and includes the assignee of any one of the above.

"Reserved lands" means those lands owned or leased by any person in which the State or its predecessors in interest has reserved to itself expressly or by implication the minerals or right to mine minerals, or both.

"State lands" includes all public and other lands owned or in possession, use and control of the then Territory of Hawaii or the State of Hawaii, or any of its agencies and this chapter shall apply thereto. [L 1963, c 11, pt of §1; Supp, §99A-1; HRS §182-1; am L 1974, c 241, §2; am L 1978, c 135, §1; am L 1990, c 207, §1; gen ch 1993; am L 2012, c 97, §2; am L 2016, c 220, §2]
Haw. Rev. Stat. § 174-9 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-9
Security for funds deposited by board.
Status: in_force

The board of land and natural resources may by resolution provide that all moneys deposited by it shall be secured:

(1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as provided in section 38-3; or

(2) By an undertaking with such sureties as shall be approved by the board faithfully to keep and pay over upon the order of the board any such deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for the deposits. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-8; HRS §174-9]

Revision Note

Section "38-3" substituted for "38-2".
Haw. Rev. Stat. § 171-139 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-139
Acquisition.
Status: in_force

The board may acquire by exchange, direct purchase, or eminent domain, lands to which private persons or other public agencies hold title for designation as or inclusion in an industrial park. The acquisition of lands shall be in accordance with this chapter.
Haw. Rev. Stat. § 195-6.6 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-6.6
Reports.
Status: in_force

The department shall submit annually a comprehensive status report on the natural area reserves system and the natural area partnership program to include, but not be limited to:

(1) A description of activities and accomplishments;

(2) Compliance with chapter 42F requirements;

(3) An analysis of the problems and issues encountered in meeting or failing to meet the objectives set forth in the management plans;

(4) The status of public hunting opportunities;

(5) The financial condition of the fund, including receipts and expenditures for the fund for the previous fiscal year; and

(6) Plans and management objectives for the next fiscal year.

The report shall be submitted to the governor and the legislature no later than twenty days prior to the convening of each regular legislative session. [L 1991, c 326, pt of §1; am L 1992, c 180, §3; am L 1997, c 190, §6]
Haw. Rev. Stat. § 196-112 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-112
[ §196-112] Solar hui program; fund manager.
Status: in_force

[ §196-112] Solar hui program; fund manager. (a) There is established the solar hui program to be administered by the authority. The solar hui program shall provide a multi-family residential property owner the opportunity to invest in the solar hui investment fund established pursuant to section 196-113. Multi-family residential property owners who invest in the solar hui investment fund under the solar hui program may be eligible to receive:

(1) Any tax credit associated with the installation of a solar energy system, subject to the requirements of the tax credit; and

(2) Any income derived from:

(A) Repayment of an energy services agreement with the low- and moderate-income household ratepayer provided by the solar hui investment fund; or

(B) Generation of energy from an energy project entered into by the fund manager.

(b) There is established within the authority the position of the solar hui program fund manager, which shall be a full-time equivalent position exempt from chapter 76. The solar hui program fund manager shall:

(1) Manage the solar hui investment fund established pursuant to section 196-113;

(2) Market the solar hui program to multi-family residential property owners; and

(3) Select solar contractors for energy projects.

(c) The authority shall adopt rules pursuant to chapter 91 to carry out the purposes of this part. [L 2024, c 40, pt of §1]
Haw. Rev. Stat. § 195D-6.5 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-6.5
Interim rulemaking.
Status: in_force

(a) The department, subject to the provisions of this section, may declare any indigenous species as endangered and establish, implement, and enforce interim rules governing the exportation from the State or the taking, possession, sale, offer for sale, delivery, or transport within the State, by any means whatsoever, of any such endangered species. These rules shall not be subject to chapter 91.

(b) An interim rule may be adopted in the event that the exportation, taking, possession, sale, offer for sale, delivery, or transport of any indigenous species, in the absence of effective rules, creates a significant risk of a local extirpation or species extinction, which is so imminent in nature as to constitute an emergency. No interim rule may be adopted without such finding by the department.

(c) Interim rules adopted pursuant to this section shall be effective as stated by the rules; provided that:

(1) Any interim rule shall be published statewide at least once as provided in section 1-28.5(a)(1) within five days after issuance; and

(2) No interim rule shall be effective for more than one hundred eighty days. [L 2004, c 32, §2]
Haw. Rev. Stat. § 179D-28 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-28
Dams and reservoirs under construction, enlargement, repair, alteration, or removal before July 6, 2007.
Status: in_force

(a) Any dam or reservoir that falls within the definitions of a dam or reservoir in this chapter and which the board finds was under construction, enlargement, repair, alteration, or removal, and based on its findings not more than ninety per cent constructed, enlarged, repaired, altered, or removed on July 6, 2007, except as provided in subsection (b), shall be subject to the same provisions in this section as a dam or reservoir commenced after that date. Every owner of a dam or reservoir subject to this section shall file an application with the board for the board's written application approval of the plans and specifications for the dam or reservoir.

(b) Construction, enlargement, repair, alteration, or removal work on the dam or reservoir may proceed; provided an application for approval of the plans and specifications is filed; until:

(1) An application approval is received by the owner approving the dam or reservoir; or

(2) An order is received by the owner specifying how the construction, enlargement, repair, alteration, or removal must be performed to render the dam or reservoir safe.

After receipt of an application approval or order specifying how construction, enlargement, repair, alteration, or removal of the dam or reservoir must be performed, work thereafter must be in accordance with the application approval or order. [L 2007, c 262, pt of §1]

Revision Note

"July 6, 2007" substituted for "effective date of this Act" and "the effective date of this Act" respectively.
Haw. Rev. Stat. § 200-39.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-39.5
[ §200-39.
Status: in_force

[ §200-39.5] Hanalei Bay; vessel restrictions. No vessel more than seventy-five feet in length shall enter Hanalei Bay waters, the boundaries of which shall be defined by the board pursuant to chapter 91; provided that this section shall not apply to vessels operated by a federal, state, or county agency.
Haw. Rev. Stat. § 171-5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-5
Meetings, regular, special; quorum.
Status: in_force

Regular meetings of the board of land and natural resources shall be held not less than once a month and the board shall provide in its rules and regulations the number and dates for the regular meetings. Special meetings may be called by the chairperson at any time by giving notice thereof to each member present in the State at least five days prior to the date of the special meeting; provided that notice shall not be required if all members present in the State agree and sign a written waiver of the notice.

However, no final action involving disposition of public lands may be had at such special meeting.

Any action taken by the board shall be by a simple majority of the members of the board; provided that a simple majority of the members present at a meeting and qualified to vote shall be required to allow any decision pursuant to section 183C-6(b). Four members of the board shall constitute a quorum to do business. The board shall keep accurate records and minutes of all meetings, special and regular, and they shall be public records. Copies of portions of the agenda relating to dispositions of land shall be made available to the public in the land office of each district at least three days before the meeting at which the matter will be discussed or voted upon. [L 1962, c 32, pt of §2; Supp, §103A-5; HRS §171-5; gen ch 1993; am L 2001, c 215, §3]
Haw. Rev. Stat. § 171-67 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-67
Restrictions; conditions.
Status: in_force

In addition to other restrictions or conditions that may be established by the board to carry out the purpose of this chapter and the state constitution, each sale, lease, or lease with option to purchase, of a farm lot or ranch lot shall be subject to the following conditions, which shall be covenants running with the land:

(1) The lot shall be used for farm purposes only;

(2) The purchaser or lessee shall reside on the premises granted; provided that with the consent of the board, the purchaser or lessee may live off the premises if the purchaser's or lessee's residence is within a reasonable distance therefrom;

(3) The purchaser or lessee shall derive the major portion of the purchaser's or lessee's total annual income from the production of the crops or products for which production the land is granted to the purchaser or lessee; provided that this restriction shall not apply if the purchaser or lessee becomes enfeebled or is widowed;

(4) In the case of a lease, those provisions set forth in sections 171-35, 171-36 and 171-37, unless otherwise specifically provided in this section;

(5) In the case of a fee simple sale, the improvement required and the specific use or uses intended;

(6) For a period of five years after the issuance of a patent or lease, the purchaser or lessee shall not sell, sublet, assign, transfer, or in other manner dispose or encumber the whole or any part of the farm lot to any person not qualified to take a farm lot except by way of mortgage, testamentary bequest or devise, intestate succession, or except to a purchaser at or after sale upon the foreclosure of a mortgage;

(7) Within two years after the issuance of a patent or lease, the purchaser or lessee shall submit a farm plan to the department or the responsible governing agency exercising enforcement and jurisdictional oversight;

(8) Within five years after the issuance of a patent or lease and every five years thereafter, the purchaser or lessee shall submit one of the following to the department:

(A) Documentation of a current organic certification from the United States Department of Agriculture;

(B) A current plan from the United States Department of Agriculture;

(C) Documentation of a current food safety certification from the United States Department of Agriculture; or

(D) Receipts for expenditures made within the most recent five years demonstrating an investment of not less than $10,000 in farm equipment, fertilizers, and soil amendments for use on the farm lot;

provided that this requirement shall not apply if the purchaser or lessee becomes enfeebled or is widowed or experiences significant economic hardship directly caused by a disaster; and

(9) Each year, the purchaser or lessee shall submit to the department:

(A) Excise tax receipts demonstrating annual sales of food generated from the farm lot totaling not less than $1,000;

(B) Evidence of donations of food generated from the farm lot made to one or more organizations exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and valued at not less than $1,000; or

(C) A combination of sales and donations under subparagraphs (A) and (B) totaling not less than $1,000;

provided that this requirement shall not apply if the purchaser or lessee becomes enfeebled or is widowed or experiences significant economic hardship directly caused by a disaster.

The violation of any restrictions or conditions established under this section shall be sufficient for the board, upon failure of the purchaser or lessee within a reasonable period of time to remedy the default after notice thereof as provided in section 171-20, to take possession of the premises without demand or previous entry and with or without legal process and thereby determine the estate, subject to the provisions contained in section 171-21. [L 1962, c 32, pt of §2; am L 1965, c 239, §33; Supp, §103A-63; HRS §171-67; gen ch 1985; am L 2024, c 194, §2]
Haw. Rev. Stat. § 195D-23 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-23
Incentives.
Status: in_force

(a) After approval of a habitat conservation plan or safe harbor agreement, or issuance of an incidental take license pursuant to this chapter, no agencies or departments of the State, in order to protect a threatened or endangered species, may impose any new requirements or conditions on, or modify any existing requirements or conditions applicable to, a landowner or successor to the landowner, to mitigate or compensate for changes in the conditions or circumstances of any species or ecosystem, natural community, or habitat covered by the plan, agreement, or license unless:

(1) The landowner, or the landowner's successor, expressly consents to the requirement, condition, or modification;

(2) The board has found, in accordance with those special procedures agreed to by the board and the landowner, or in the absence of any special procedures, in accordance with those procedures that govern the findings generally, that:

(A) The requirement, condition, or modification does not impose any additional restriction on any parcel of land or body of water available for use or development under the plan or agreement; and

(B) The requirement, condition, or modification will not increase the cost to the landowner or other parties to the plan or agreement of implementing the plan or agreement;

(3) The department is prepared to exercise its authority to:

(A) Pay the landowner for the costs of any new requirement or condition or any modification of any existing requirement or condition, which costs may be determined through binding arbitration; and

(B) Take any other action to ensure that any party to the plan or agreement is not, without the party's consent, unduly burdened by the requirement, condition, or modification, in which case the department shall implement that necessary requirement, condition, or modification upon committing to pay the costs, mitigate the actions, or undertake the action;

(4) The board has revoked the approval of the plan or rescinded the agreement in accordance with section 195D-21(d) or 195D-22(c); or

(5) Extraordinary new circumstances or information indicate that failure to modify the plan or agreement is likely to appreciably reduce the likelihood of the survival or recovery of any threatened or endangered species in its natural habitat. If additional mitigation measures are subsequently deemed necessary to provide for the conservation of a species that was otherwise adequately covered under the terms of a habitat conservation plan, safe harbor agreement, or incidental take license as a result of extraordinary circumstances, the primary obligation for executing mitigation measures shall rest with the State, or the federal government with its consent, and not with the landowner.

(b) Entry by a landowner into a habitat conservation plan or safe harbor agreement shall be voluntary.

(c) The department may establish a landowner contact and recognition program that:

(1) Contacts landowners who may have threatened or endangered species or their habitat on their land and that sends information on the species or habitat in question. If the landowner is willing, a nonbinding memorandum of understanding may be signed, which states a general intention to protect the species or habitat found on the land;

(2) If available, provides participating landowners with a current supply of information on the conservation of species and habitat found on their land;

(3) On an annual basis, recognizes one or more private landowners who have demonstrated, through past and current efforts, sound conservation practices and principles on their land; and

(4) On an annual basis, awards a private landowner participating in a habitat conservation plan an "Outstanding Participant of the Year" award.

(d) The department may establish a habitat conservation technical assistance program to assist landowners in developing, reviewing, or monitoring habitat conservation plans by providing technical assistance. The department may collect fees and payment for costs incurred for use of the technical assistance program in the development, review, or monitoring of a specific habitat conservation plan. Fees shall be charged at an hourly rate of $50. The fees and payment for costs collected pursuant to this subsection shall be deposited into the endangered species trust fund established under section 195D-31.

(e) Persons participating within voluntary programs under this chapter may receive consideration from the board to use adjacent public lands for commercial nature tourism activities that increase public education and support for endangered species; provided that an agreed percentage of the fees charged for nature tourism activities shall be donated to the trust fund to implement this chapter.

(f) The execution of habitat conservation plans and safe harbor agreements under sections 195D-21 and 195D-22, respectively, shall, for the purposes of providing incentives and assistance to landowners, be deemed to be a public purpose and in the public interest, and for the general welfare of the State. [L 1997, c 380, pt of §2; am L 2011, c 147, §3]
Haw. Rev. Stat. § 197-2 — HI Code / Division 1 / Title 12 / Chapter 197 / Section 197-2
Animal species advisory commission.
Status: in_force

(a) There is established within the department an animal species advisory commission which may serve in an advisory capacity to the board. The commission shall consist of nine members to be appointed by the governor in the manner provided in section 26-34. Three members of the department designated by the chairperson of the board, and no less than one each from the professional fields of aquatic life, wildlife, and conservation and resources enforcement, shall serve as members of the commission. Six of the members shall be scientists in the fields of botany, mammalogy, ichthyology, entomology, ornithology, and invertebrate zoology. The commission shall select its own chairperson.

(b) The commission may advise the board on every proposal for the deliberate introduction of aquatic life and wildlife by the department into any habitat within the State, whether the introduction proposed is from without the State into the State, or from one area in the State into another area in the State.

(c) The commission may also advise the board on any matter affecting the taking and conservation of aquatic life and wildlife including proposed rules. The commission may hear such persons and acquire such information as it desires and shall communicate its findings and recommendations to the board. [L 1985, c 74, pt of §1; am L 2021, c 145, §3]
Haw. Rev. Stat. § 200-43 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-43
Public auction; disposition of abandoned vessels.
Status: in_force

Any abandoned vessel impounded under this part that remains unclaimed by the registered or documented owner, lien holder, or operator of record for more than ten working days after mailing of the notice required by section 200-42 may be sold at public auction by the state or county agency that took custody of the vessel. If the agency does not, or is unable to, sell the vessel at public auction, the agency, after giving public notice of intended disposition, may sell the vessel by negotiation, retain and use the vessel, donate the vessel to any other government agency, or dispose of the vessel as junk.
Haw. Rev. Stat. § 173A-2 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-2
Definitions.
Status: in_force

As used in this chapter:

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

"Commission" means the legacy land conservation commission. "Department" means the department of land and natural resources.

"Land" means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land.

"Land having value as a resource to the State" includes land having natural, environmental, recreational, scenic, cultural, agricultural production, or historic value, and may also include park and trail systems that provide access to any such land. [L 1973, c 77, §2; am L 2005, c 156, §3; am L 2012, c 82, §1]
Haw. Rev. Stat. § 190-4.5 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-4.5
Anchoring, boating, and mooring in marine life conservation districts; rules.
Status: in_force

(a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter.

(b) Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter. [L 1988, c 381, §1; am L 1991, c 183, §1]
Haw. Rev. Stat. § 188-43 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-43
Hinana and oopu, taking of, prohibited.
Status: in_force

It is unlawful for any person to fish for, or attempt to take any of the fish known as hinana or oopu, by means of traps or weirs.
Haw. Rev. Stat. § 184-6 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-6
Duties of department.
Status: in_force

The department of land and natural resources shall preserve the parks and parkways in the state park system in their natural condition so far as may be consistent with their use and safety, and improve them in such manner as to retain to a maximum extent their natural scenic, historic, and wildlife values for the use and enjoyment of the public.
Haw. Rev. Stat. § 194-2 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-2
[Establishment of council; duties.
Status: in_force

§194-2 [Establishment of council; duties.] (a) There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful. The council shall:

(1) Maintain a broad overview of the invasive species problem in the State;

(2) Advise, consult, and coordinate invasive species-related efforts with and between the departments of agriculture and biosecurity, land and natural resources, health, and transportation, as well as state, federal, international, and privately organized programs and policies;

(3) Identify and prioritize each lead agency's organizational and resource shortfalls with respect to invasive species;

(4) After consulting with appropriate state agencies, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species; provided that the appropriate state agencies shall collaborate with the counties and communities to develop and implement a systematic approach to reduce and control coqui frog infestations on public lands that are near or adjacent to communities, and shall provide annual reports on the progress made in achieving this objective;

(5) Coordinate and promote the State's position with respect to federal issues, including:

(A) Quarantine preemption;

(B) International trade agreements that ignore the problem of invasive species in Hawaii;

(C) First class mail inspection prohibition;

(D) Whether quarantine of domestic pests arriving from the mainland should be provided by the federal government;

(E) Coordinating efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks, including deputizing the United States Department of Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;

(F) Promoting the amendment of federal laws as necessary, including the Lacey Act Amendments of 1981, Title 16 United States Code sections 3371-3378; Public Law 97-79, and laws related to inspection of domestic airline passengers, baggage, and cargo; and

(G) Coordinating efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;

(6) Identify and record all invasive species present in the State;

(7) Designate the department of agriculture and biosecurity, health, or land and natural resources as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

(8) Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;

(9) Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;

(10) Advise the governor and legislature on budgetary and other issues regarding invasive species;

(11) Provide annual reports on budgetary and other related issues to the legislature twenty days prior to each regular session;

(12) Include and coordinate with the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;

(13) Review state agency mandates and commercial interests that sometimes call for the maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other values;

(14) Review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes;

(15) Suggest appropriate legislation to improve the State's administration of invasive species programs and policies;

(16) Incorporate and expand upon the department of agriculture and biosecurity's weed risk assessment protocol to the extent appropriate for the council's invasive species control and eradication efforts; and

(17) Perform any other function necessary to effectuate the purposes of this chapter.

(b) The council shall be placed within the department of land and natural resources for administrative purposes only and shall be composed of:

(1) The president of the University of Hawaii, or the president's designated representative;

(2) The director, or the director's designated representative, of each of the following departments:

(A) Business, economic development, and tourism;

(B) Health; and

(C) Transportation; and

(3) The chairperson, or the chairperson's designated representative, of each of the following departments:

(A) Agriculture and biosecurity ; and

(B) Land and natural resources.

(c) Representatives of federal agencies, the legislature, and members of the private sector shall be asked to participate or consulted for advice and assistance. Representatives of the legislature shall consist of eight members, as follows:

(1) Four senators, one from each county, to be selected by the senate president; and

(2) Four representatives, one from each county, to be selected by the speaker of the house of representatives.

(d) The council shall meet no less than twice annually to discuss and assess progress and recommend changes to the invasive species programs based on results of current risk assessments, performance standards, and other relevant data. Notwithstanding any law to the contrary:

(1) A simple majority of voting members of the council shall constitute a quorum to do business; and

(2) Any action taken by the council shall be by a simple majority of the voting members.

(e) The council shall submit a report of its activities to the governor and legislature annually. [L 2003, c 85, §3; am L 2004, c 10, §16; am L 2006, c 109, §§1, 2; am L 2008, c 160, §1 ; am L 2025, c 236, §§17, 19]
Haw. Rev. Stat. § 195D-7 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-7
Enforcement.
Status: in_force

(a) Any employee or agent of the department upon whom the board has conferred powers of police officers, including the power to serve and execute warrants and arrest offenders, or issue citations throughout the State, and any police officer of the counties of this State shall have the authority to enforce any of the provisions of this chapter or any rule adopted under this chapter.

(b) Any employee or agent of the department, for the purpose of enforcing the terms and conditions of any license issued under this chapter and upon written notification to the affected landowner, may enter upon, cross over, be upon, or remain upon privately owned lands for such purposes and shall not be subject to arrest for trespass while so engaged or for such cause thereafter.

(c) A landowner of property on which an endangered species exists shall not be liable for civil damages for injuries to employees of, or persons under contract with the department if injury to those employees or persons caused by their own negligence occurs while those employees or persons are enforcing the terms and conditions of any license issued under this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §8; am L 1997, c 380, §7]
Haw. Rev. Stat. § 195D-29 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-29
Release or establishment of endangered or threatened species outside its current range.
Status: in_force

The department may authorize the release or establishment of any population, including eggs, propagules, or individuals, of an endangered or threatened species outside its current or historic range, after consulting with the endangered species recovery committee, if the release or establishment is likely to further the conservation of the species.
Haw. Rev. Stat. § 188F-4 — HI Code / Division 1 / Title 12 / Chapter 188F / Section 188F-4
West Hawaii regional fishery management area plan.
Status: in_force

The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

(1) Designates a minimum of thirty per cent of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;

(2) Establishes a day-use mooring buoy system along the coastline of the West Hawaii regional fishery management area and designates some high-use areas where no anchoring is allowed;

(3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and

(4) Designates areas where the use of gill nets as set nets shall be prohibited. [L 1998, c 306, pt of §2]
Haw. Rev. Stat. § 173A-13 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-13
Payment of debt service on the Turtle Bay reimbursable general obligation bonds.
Status: in_force

(a) The board shall be responsible for the reimbursement of debt service on the Turtle Bay reimbursable general obligation bonds from the land conservation fund in the amount of $1,500,000 per fiscal year until the bonds are fully amortized.

(b) Moneys expended for the payment of debt service on the Turtle Bay reimbursable general obligation bonds shall be deposited into the Turtle Bay conservation easement special fund. [L 2015, c 121, §3; am L 2022, c 23, §1]
Haw. Rev. Stat. § 183-12 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-12
Notice of hearing.
Status: in_force

Before setting apart any government lands under this chapter or before revoking, modifying, or suspending any orders and proclamations or any part thereof which set apart the lands as forest reserves, the governor shall give not less than fourteen days' public notice statewide of the governor's intention to consider either the setting apart of government land for forest reserves under this chapter, or the revoking, modifying, or suspending of any orders and proclamations or any part thereof which set apart the lands. The notice or notices shall contain the name or names of the island or islands and of the district or districts in which the land or lands are located and shall further appoint a time or times, place or places for hearing evidence and arguments either for or against the setting apart of the proposed forest reserves or the revoking, modifying, and suspending of any forest reserve made under this chapter.
Haw. Rev. Stat. § 171-144 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-144
Issuance of revenue bonds.
Status: in_force

(a) The board may issue revenue bonds in the name of the department in such amounts as may be authorized by the legislature. Except as provided in this chapter, all revenue bonds shall be issued pursuant to part III of chapter 39 to finance, in whole or in part, the costs of construction, acquisition, or maintenance of any industrial park and to pledge or assign for the punctual payment of the revenue bonds, and interest thereon, any and all revenues derived from any industrial park or parks undertaken by the board, in an amount sufficient to pay the principal and interest of the revenue bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in preparation for the issuance of the revenue bonds. The board may take any other appropriate action in connection with the issuance of revenue bonds.

(b) All revenue bonds issued pursuant to this chapter shall be issued in the name of the department and not in the name of the State.

(c) The board, with the approval of the governor, may designate by resolution one or more industrial parks undertaken pursuant to this chapter as an "undertaking" as defined in section 39-51 and for purposes of part III of chapter 39. [L 1994, c 162, pt of §1]
Haw. Rev. Stat. § 173A-1 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-1
Purpose.
Status: in_force

The State has provided for the regulation of land use and development throughout the State under the provisions of the land use law, and has provided through that law for the controlled regulation of land use and development of lands which have natural, environmental, recreational, scenic or historic value. However, these lands, though protected by the land use law, may in many instances require placement under public ownership and management in order that they can be made accessible to all of the people of the State. The purpose of this chapter is to provide for the acquisition and management of such lands in those instances in which such acquisition and management are considered necessary by the State.
Haw. Rev. Stat. § 174C-84 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-84
Permits for well construction and pump installation.
Status: in_force

(a) No well construction and no installation of pumps and pumping equipment shall commence without appropriate permit from the commission. An application for a permit for well construction shall be required for all areas of the State including water management areas and shall be made by the well driller who will construct the well. An application for a permit for installation of a pump and pumping equipment shall be made by the pump installation contractor who will install the pump and pumping equipment.

(b) Every application shall contain such data prescribed by the commission, including the applicant's name; the applicant's license number; the name and address of the person who will control and operate the well; in water management areas, the water use permit number; the location of the well; the proposed depth and method of well construction; the size and expected capacity of the well; and a description of the pump and pumping equipment to be installed.

(c) The commission may issue a permit only if the proposed construction complies with all applicable laws, rules, and standards. Before acting on any application, the commission shall cause the application to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the well location.

(d) Every permit shall direct the well driller and pump installation contractor to file a well completion report, as provided in section 174C-85. The permit shall be prominently displayed at the site of the well at all times until the well construction or the pump and pumping equipment installation is completed.

(e) The holder of a permit for well construction, with the approval of the commission, may change the location of the well before construction is completed. An application to change the location shall describe the location, the proposed depth and method of construction, and the size and expected capacity of the new well. It shall also describe the manner of sealing or plugging the incomplete and abandoned well. The commission shall cause all such applications to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the location of the well. The commission may issue an amended permit if it determines that the proposed new well location will serve the same use as the original well and draw upon the same supply of water and will not be contrary to any applicable law, rule, order, or regulation, and that the incomplete and abandoned well will be sealed or plugged in a manner to prevent waste of water and damage to the water supply and to protect the public from harm.

(f) Any applicant whose application is rejected may obtain a hearing before the commission by filing within thirty days of the mailing of the notice of rejection a written petition requesting such a hearing. The hearing shall be conducted pursuant to part I.

(g) The commission may suspend or revoke a permit, after notice and hearing, on any of the following grounds:

(1) Material misstatement or misrepresentation in the application for a permit;

(2) Failure to comply with the provisions set forth in the permit;

(3) Wilful disregard or violation of any provision of this part or any rule adopted pursuant thereto; or

(4) Material change of circumstances or conditions existing at the time the permit was issued. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 188-40.8 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-40.8
Sharks; mano; prohibitions; exceptions; penalties and fines.
Status: in_force

(a) Except as provided in subsection (f), or as otherwise provided by law, no person shall intentionally or knowingly capture or entangle any shark, whether alive or dead, or kill any shark, within state marine waters.

(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor; provided that the fine for violating this section shall be:

(1) $500 for a first offense;

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

(3) $10,000 for a third or subsequent offense.

(c) A person convicted of violating this section may be sentenced to pay a civil fine not exceeding $10,000 per offense.

(d) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:

(1) An administrative fine of no more than $10,000 for each shark captured or entangled, whether alive or dead, or killed in violation of this section;

(2) Seizure and forfeiture of any captured sharks or any part or product therefrom, commercial marine license, vessel, and fishing equipment; and

(3) Assessment of administrative fees and costs, and attorney's fees and costs.

(e) The criminal penalties and administrative fines, fees, and costs shall be assessed per shark captured or entangled, whether dead or alive, or killed in violation of this section.

(f) This section shall not apply to:

(1) Special activity permits issued under section 187A-6;

(2) The department of land and natural resources or its designated agent if the capture or entanglement, whether alive or dead, or killing is for the protection of public safety;

(3) Sharks taken outside of state marine waters and possessed on a vessel in state marine waters pursuant to any federally managed fishery, with the required documentation of the location where the capture occurred;

(4) Any person if the capture or entanglement, whether alive or dead, or killing is the result of self-defense, or the defense of another, against death or bodily harm; and

(5) Any person who captures or kills a shark pursuant to a permit issued by the department of land and natural resources under subsection (i).

(g) Nothing in this section shall be construed to restrict the exercise of traditional and customary rights protected pursuant to article XII, section 7, of the Hawaii State Constitution.

(h) The department of land and natural resources may adopt rules pursuant to chapter 91 to implement this section for purposes including but not limited to:

(1) Ensuring that the incidental capture and release of sharks while targeting other species is not a violation;

(2) Preventing the wanton waste of sharks; and

(3) Limiting gear, such as gill nets, in areas identified as shark nursery habitats.

(i) The department of land and natural resources may issue a non-commercial permit for the take of sharks, subject to permit conditions that shall include native Hawaiian cultural protocol, size and species restrictions, and a prohibition on species listed as endangered or threatened pursuant to section 195D-4.

(j) For the purposes of this section, "shark" means any species of shark within the subclass Elasmobranchii. [L 2021, c 51, §2]
Haw. Rev. Stat. § 195D-24 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-24
Confidentiality.
Status: in_force

All information submitted to the board by a landowner pursuant to section 195D-21 or 195D-22, in the course of preparing a habitat conservation plan or safe harbor agreement for private lands, respectively, shall be kept confidential until notice of the proposed plan or agreement is published in the periodic bulletins of the office of planning and sustainable development. For habitat conservation plans or safe harbor agreements for private lands, the precise location of any threatened or endangered species may remain confidential.
Haw. Rev. Stat. § 198D-13 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-13
Criminal penalties.
Status: in_force

(a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

(3) $500 for a third or subsequent offense.

(b) The fines specified in this section shall not be suspended or waived. Each day of each violation shall constitute a separate offense.

(c) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
Haw. Rev. Stat. § 200-42 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-42
Notice to owner.
Status: in_force

(a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt requested, to any owner registered with the department or documented by the United States Coast Guard or any lien holder or operator of the vessel on record with the department or the United States Coast Guard at their respective last known address on record with the department or the United States Coast Guard. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within ten working days after the mailing of the notice.

(b) The owner, lien holder, or operator of the vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing from the state or county agency that took custody of the vessel. A request for administrative hearing shall:

(1) Be made in writing to the state or county agency that took custody of the vessel;

(2) Not be deemed delivered until the time that the agency receives the written request; and

(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the agency for the impoundment of the vessel.

The administrative hearing shall be held within five working days of delivery of the written request. [L 1991, c 272, pt of §2; am L 2004, c 70, §2; am L 2012, c 146, §2; am L 2021, c 218, §4]
Haw. Rev. Stat. § 173A-7 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-7
Administration and management.
Status: in_force

The board shall, subject to chapter 171, administer, maintain, and manage any land acquired under the provisions of this chapter, may charge such fees for the use of any such land as it considers to be reasonable, and may construct on such land any improvement which it deems to be necessary to carry out the purposes of this chapter. The board may adopt and from time to time amend regulations implementing the provisions of this chapter.
Haw. Rev. Stat. § 183-21 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-21
Penalties.
Status: in_force

Any person who receives actual notice from the department that one or more cattle or horses belonging to such person have been found to be and are on any forest reserve, game management area, public hunting area, or natural area reserve referred to in section 183-19, excepting in the case of the owner of the land, and who fails or neglects within ten days after the receipt of the notice to remove the cattle or horses from any area or reserve, or to shoot or destroy the cattle or horses, shall be fined $10 for each animal belonging to the person thereafter found on any forest reserve, game management area, public hunting area, or natural area reserve and proven to have been thereon at the time of the service of the notice. If any cattle or horses are still found on any forest reserve, game management area, public hunting area, or natural area reserve, more than ten days after the notice has been served on the owner regarding those same cattle or horses, the department may remove, shoot, or destroy the cattle or horses without compensation to the owner. All cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve shall be deemed prima facie to be the property of the person whose brand if any they bear.
Haw. Rev. Stat. § 188F-3 — HI Code / Division 1 / Title 12 / Chapter 188F / Section 188F-3
West Hawaii regional fishery management area; purpose.
Status: in_force

The purpose of the West Hawaii regional fishery management area shall be to:

(1) Ensure the sustainability of the State's nearshore ocean resources;

(2) Identify areas with resource and use conflicts;

(3) Provide management plans as well as implementing regulations for minimizing user conflicts and resource depletion, through the designation of sections of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas where certain specified fish harvesting activities are prohibited, and other areas where anchoring and ocean recreation activities are restricted;

(4) Establish a system of day-use mooring buoys in high-use coral reef areas and limit anchoring in some of these areas to prevent anchor damage to corals;

(5) Identify areas and resources of statewide significance for protection;

(6) Carry out scientific research and monitoring of the nearshore resources and environment; and

(7) Provide for substantive involvement of the community in resource management decisions for this area through facilitated dialogues with community residents and resource users. [L 1998, c 306, pt of §2]
Haw. Rev. Stat. § 185-9 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-9
Obstructing the administrator or managers; penalty.
Status: in_force

Any person who obstructs or interferes with or prevents the administrator or any manager or any person in the performance of any duty authorized by this chapter shall be fined not less than $500 nor more than $2,000.
Haw. Rev. Stat. § 181-6 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-6
Reclamation.
Status: in_force

(a) Prior to the commencement of any strip mining the operator shall submit to the board of land and natural resources a plan, which must be approved in writing, or approved as amended, which plan shall include, inter alia, a contour basis for the mining operations, the depth to which and the direction in which the operations are proposed to be conducted, the proposed disposition of boulders and tailings, and provisions for the stripping, storage, and, if required, the replacement of the topsoil. The operator shall have the right of appeal as provided by section 181-8 for any decision, order, or action of the board in respect of such plan.

(b) As soon as practicable following the completion or abandonment of strip mining of any pit or of such portion thereof as may be specified in the plan, the operator shall submit to the board a proposal for the reclamation thereof. A pit shall be deemed abandoned if mining operations with respect thereto shall not have been resumed on a substantial scale following six months cessation of operations. The proposal shall require the operator to:

(1) Strike off peaks and ridges and fill in deep depressions created or left by the mining operations and grade the surface of the pit to contour which will minimize erosion and be suitable for planting as provided in this section.

(2) Dispose of all debris, rubble, and tailings in such manner as to enhance the contour of the pit or to provide erosion and drainage control in adjacent areas.

(3) Provide such drains, ditches, and outlets as may be necessary to prevent the accumulation of water in the pit and to remove water from the pit in such a way as to minimize erosion of the pit and the surrounding land.

(4) Utilize the overburden removed from the surface of the pit in such manner as best to recondition or reclaim the mined area, or the area where the tailings have been disposed, if in an area other than the pit.

(5) Provide a reasonable means of access to the pit.

(6) Revegetate or rehabilitate the pit, which shall include, inter alia, provisions for:

(A) Replacing the topsoil, if required;

(B) Liming, if mining produces deleterious changes in soil acidity from the original soil condition of the area, or if needed for the establishment of satisfactory fertility under subparagraph (C) hereafter;

(C) Applying fertilizer to reestablish satisfactory fertility and crop production in soils of areas cultivated to agricultural crops prior to the inception of mining, and, in areas used for grazing or forest prior to the inception of mining, fertilizer to provide a grass forage cover suitable for an annual carrying capacity of not less than one head of cattle for each three acres;

(D) Planting in all instances a cover crop of good pasture grass to stabilize the exposed surface and to minimize erosion, unless immediate crop production shall be affected, or unless relieved therefrom by the board in writing. In pits intended for restoration to forest, rehabilitation shall include a quick cover crop followed by forest plantings, respecting which the board shall advise on types, availability, and spacing of species to be planted;

(E) Achieving, where possible, as a minimum goal of restoration, comparable fertility and use of land to that existing prior to strip mining.

If in the judgment of the board the aforesaid proposal is reasonable and meets the requirements of this section, the board shall approve the proposal; if not, it shall notify the operator of the reasons for its disapproval in writing. The operator shall thereupon submit an amended proposal. If the board disapproves of the amended proposal, the operator may appeal the action to the circuit environmental court in accordance with section 181-8; otherwise, the operator shall submit another amended proposal until approval is obtained. Upon approval being obtained, or the issuance of an order in the event of an appeal, the operator shall commence work under the reclamation proposal and shall prosecute the work required thereunder with reasonable diligence and effect reclamation within a period of two years next following the approval or issuance of the order, unless the time is extended by the board. The operator shall notify the board upon completion of reclamation, whereupon an inspection shall be made of the pit by the board and a determination made of the satisfactory performance by the operator of the proposal. In the event that the proposal and this chapter has been complied with, the board shall take such action as is required under sections 181-5 and 181-7. In the event that the performance shall not be satisfactory, the board shall serve upon the operator written directions for additional performance, and unless an appeal is taken therefrom under section 181-8, the operator shall forthwith comply with the directions.

(c) At the completion of each year, and at the time the operator makes application to the board for a renewal of the operator's permit under section 181-4, the operator shall submit in duplicate to the board a map in a form approved by the board, setting forth such description as will identify the land from which the operator removed any mineral by strip mining during the preceding permit year, with a legend upon the map showing the number of acres affected and the extent that the topography has been disturbed by the mining. The accuracy of the map may be checked by the board and if found to be erroneous, it shall be corrected by the operator prior to the issuance of a renewal permit. [L 1957, c 161, §7; am L 1959, c 20, §6; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-7; HRS §181-6; gen ch 1985; am L 2014, c 218, §8]
Haw. Rev. Stat. § 171-98 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-98
Release of restrictions.
Status: in_force

It being in the public interest, all public land for which any certificate, lease, agreement, or patent has heretofore been issued imposing restrictions against alienation and forfeiture provisions prescribed by Public Law 192, 61st Congress, 2d Session, 36 Statutes at Large 444 (1910), and Public Law 234, 76th Congress, 1st Session, 53 Statutes at Large 1126 (1939), (section 73(g) and 73(h) of the Hawaiian Organic Act), be and the same is hereby wholly released from such restrictions and provisions; provided nothing herein contained shall be construed to defeat or in any way impair the interest of any mortgagee or holder of record having a security interest or owner of vested rights in and to the public land affected by the release aforesaid. Though no form of documentation shall be required to effect the release provided by this section, the board of land and natural resources is authorized to issue to any owner of the land affected by the release, upon payment of such documentary fees as may be provided by the board, an appropriate certificate of release suitable for recording.
Haw. Rev. Stat. § 187A-52 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-52
Ocean stewardship user fee.
Status: in_force

(a) All persons required to obtain a permit from the department to engage in commercial activity pursuant to sections 200-4, 200-10, 200-24, and 200-37, or any rules adopted thereunder, shall collect an ocean stewardship user fee from each passenger carried or customer served.

(b) The ocean stewardship user fee shall be $1 per passenger or customer and shall be adjusted every five years to match changes in the Consumer Price Index in the Honolulu area as reported by the United States Bureau of Labor Statistics; provided that the fee shall not be adjusted more than ten per cent every five years. Fees collected pursuant to this section shall not be counted toward gross revenues for purposes of section 200-10(c)(5).

(c) All fees collected pursuant to this section shall be transferred to the department on a monthly basis and shall be deposited into the ocean stewardship special fund; provided that any fees collected on or after January 1, 2031, shall be deposited into the general fund.

(d) The department shall adopt rules pursuant to chapter 91 to implement this part. [L 2021, c 46, pt of §2; am L 2024, c 214, §1]
Haw. Rev. Stat. § 197-3 — HI Code / Division 1 / Title 12 / Chapter 197 / Section 197-3
Introduction of aquatic life and wildlife.
Status: in_force

(a) No species of aquatic life and wildlife shall be deliberately introduced by the department under this chapter into any habitat within the State, whether the introduction is from without the State into the State or from one area in the State into another area in the State unless the introduction is recommended by the department and authorized by rules of the department pursuant to chapter 91.

(b) The department, in determining whether to recommend the deliberate introduction of aquatic life and wildlife, shall make the following findings:

(1) The factors which limit the distribution and abundance of the species in its native habitat have been studied and its probable dispersal pattern appraised;

(2) Whether in the area where the species is proposed to be introduced there is or had been stock of a desirable, ecologically comparable indigenous species which can be increased or rehabilitated by reintroduction or by encouraging extension of its range;

(3) Whether the species proposed to be introduced would threaten the existence and stability of any indigenous species as predator; competitor for food, cover, or breeding sites; or in any other way arising from its characteristics and ecological requirements;

(4) The availability of socially acceptable methods of eliminating the species or keeping it under control in the area where it is proposed to be introduced and in adjoining areas;

(5) The extent to which the species will enhance the economic and aesthetic values of the area where it is proposed to be introduced;

(6) That the individuals to be introduced are free of communicable diseases and parasites and that there is no reason to believe that any communicable disease or parasite constitutes an important factor in the control of population; and

(7) That there is no foreseeable risk of conflict on account of the introduction with land use policies in the area where a species is proposed to be introduced or in adjoining areas to which the species might spread.

(c) Before any species of aquatic life or wildlife is introduced, under this chapter, into a habitat, the suitability of the introduction shall be tested, if there is available an experimental area which can be fully controlled with a habitat typical of the area where the species is proposed to be introduced.

(d) When a species of aquatic life or wildlife is deliberately introduced into a habitat under this section, and until the species becomes established there on a stable basis, the department shall conduct studies of the introduced species in its new habitat, including studies of its rate of spread and impact on the habitat.

(e) Any person who violates this section or any rule adopted pursuant to this section shall be subject to the penalties provided in section 197-5. [L 1985, c 74, pt of §1]
Haw. Rev. Stat. § 196-113 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-113
[ §196-113] Solar hui investment fund.
Status: in_force

[ §196-113] Solar hui investment fund. (a) There is established the solar hui investment fund into which shall be deposited the following:

(1) Appropriations by the legislature;

(2) Investments received from multi-family residential property owners;

(3) All other money received for the fund from any other source; and

(4) All income and interest earned or accrued on moneys deposited into the fund.

(b) The solar hui investment fund may be used to:

(1) Enter into energy services agreements with low- and moderate-income households to install a solar energy system;

(2) Invest in energy projects;

(3) Pay administrative costs of the solar hui program; or

(4) Pay any other costs related to the solar hui program. [L 2024, c 40, pt of §1]
Haw. Rev. Stat. § 171-95.1 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-95.1
Authority of board to extend leases under certain circumstances.
Status: in_force

Notwithstanding the lease restrictions established pursuant to section 171-36, the board may, without public auction, extend a public land lease that is issued to a school or government entity pursuant to section 171-95 beyond the sixty-five year maximum lease term. The authority established pursuant to this section to extend a lease shall not apply to any lease to the University of Hawaii of lands within a conservation district of which the University of Hawaii has subleased a portion for the purpose of constructing an astronomical observatory.
Haw. Rev. Stat. § 195D-10 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-10
Severability.
Status: in_force

Should any section, subsection, sentence, clause, or phrase of this chapter, or any rule adopted pursuant thereto be for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or rule adopted pursuant thereto.
Haw. Rev. Stat. § 182-5 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-5
Mining leases on reserved lands.
Status: reserved

If any mineral is discovered or known to exist on reserved 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 and the minerals involved and information and maps as the board may by rule prescribe. The board may grant a mining lease on reserved lands in accordance with section 182-4, or the board by the vote of two-thirds of the members to which the board is entitled, without public auction, may grant a mining lease on reserved lands to the occupier thereof. A mining lease may be granted to a person other than the occupier if the occupier has assigned the occupier's rights to apply for a mining lease to another person, in which case only an assignee may be granted a mining lease. Any provisions to the contrary notwithstanding, if the board decides that it is appropriate to grant a geothermal mining lease on the reserved lands, the surface owner or the owner's assignee shall have the first right of refusal for a mining lease. If the occupier or the occupier's assignee of the right to obtain a mining lease should fail to apply for a mining lease within six months from the date of notice from the board of a finding by the board that it is in the public interest that the minerals on the reserved lands be mined, a mining lease shall be granted under section 182-4; provided that bidders at the public auction shall bid on an amount to be paid to the State for a mining lease granting to the lessee the right to exploit minerals reserved to the State.
Haw. Rev. Stat. § 199-1.5 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-1.5
Conservation and resources enforcement special fund; established.
Status: in_force

(a) There is hereby established in the state treasury a special fund known as the conservation and resources enforcement special fund, which shall be administered by the department.

(b) The following shall be deposited into the conservation and resources enforcement special fund:

(1) Grants, awards, donations, gifts, transfers, or moneys derived from public or private sources for the purposes of enforcing the provisions of title 12; chapters 6D, 6E, and 6K; or any rule adopted thereunder;

(2) Fees, reimbursements, administrative charges, and penalties collected for activities related to the enforcement of natural, cultural, and historic resources protection laws and rules, except as otherwise provided by law that provides for deposits into other special funds administered by the department;

(3) Moneys derived from interest, dividends, or other income from the above-mentioned sources;

(4) Revenues generated from section 249- 9.7 ; and

(5) Appropriations by the legislature to the special fund.

(c) The conservation and resources enforcement special fund shall be used for expenditures, including but not limited to:

(1) Training;

(2) Research;

(3) Equipment;

(4) Preparation and dissemination of information to the public;

(5) Data collection and development;

(6) Information technology;

(7) Safety;

(8) Wireless communication;

(9) Management;

(10) Travel;

(11) Equipment rental;

(12) Repairs;

(13) Planning;

(14) Information;

(15) Education;

(16) Operations;

(17) Maintenance functions authorized and deemed necessary by the department;

(18) Funding for consultants or contractual hires related to the enforcement of:

(A) Title 12;

(B) Chapters 6D, 6E, and 6K; or

(C) Any rule adopted thereunder; and

(19) Work performed in cooperation with enforcement authorities of the State, the counties, and the federal government.

(d) The fund shall be held separate and apart from all other moneys, funds, and accounts in the department, except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the department and agencies or persons from whom the moneys are received. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.

(e) As used in this section, "department" means the department of land and natural resources. [L 2011, c 78, §1; am L 2021, c 50, §3]
Haw. Rev. Stat. § 200-52 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-52
When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club.
Status: in_force

A vessel shall be deemed to be abandoned upon satisfaction of all the following conditions:

(1) The service requested or required by a person whose vessel is navigated, towed, or brought to a vessel repair business, private marina, or yacht club, such as mooring, storage, towing, and rendering estimates of the cost of repairs, has been performed;

(2) No authorization is given to perform any further service respecting the vessel, or to allow mooring, or storage, but the vessel is left on the repair business, private marina, or yacht club premises;

(3) The owner of the repair business or private marina, or the owner's authorized representative, or the designated representative of the yacht club, has given notice by registered or certified mail, to the registered owner of the vessel at the address on record at the vessel repair business, private marina, or yacht club, and the address on record at the department or United States Coast Guard, and to any person with a recorded interest in the vessel stating that, if the vessel is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of. The notice also shall contain a description of the vessel and its location. The notice need not be sent to an owner or any person with an unrecorded interest in the vessel whose name or address cannot be determined and, absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five calendar days after the mailing; and

(4) The vessel is not repossessed within the thirty-day period. [L 1991, c 272, pt of §2; am L 1999, c 232, §3; am L 2012, c 146, §9]
Haw. Rev. Stat. § 174-16 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-16
Consideration of petitions; notice and hearing.
Status: reserved

When more than one petition is filed covering portions of the same territory, the board of land and natural resources may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be submitted to it by the petitioners and on the findings of investigations or surveys made by or for it, or by other governmental agencies, the board shall establish such projects as it deems necessary to carry out the purposes of this chapter. Before making a final determination to establish a project or projects, the board shall hold a hearing, notice of which shall be duly advertised in the same manner and form, as nearly as may be, as provided in section 174-17. 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. § 188-53 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-53
Fishing reserves, refuges, and public fishing areas.
Status: in_force

(a) For the purposes of managing, preserving, protecting, conserving, and propagating introduced freshwater fishes, and other freshwater or marine life, the department of land and natural resources may establish, maintain, manage, and operate freshwater or marine fishing reserves, refuges, and public fishing areas in areas under its control as it may deem desirable and may enter into agreements for the taking of control of privately owned waters, lands, or fisheries for such purposes. The department may make, adopt, and amend rules and may issue permits as it deems necessary for managing the fishing reserves, refuges, public fishing areas, and other waters or lands under the jurisdiction or control of the State.

(b) It is unlawful for any person to enter any area established under this section without first obtaining a permit from the department, if permits are required, or to violate any rule adopted by the department governing same.

The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. [L 1953, c 58, pt of §1; RL 1955, §21-86; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-53; am L 1981, c 85, §60]
Haw. Rev. Stat. § 196D-4 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-4
Consolidated permit application and review process.
Status: in_force

(a) The department is designated as the lead agency for the purposes of this chapter and, in addition to its existing functions, shall establish and administer the consolidated permit application and review process provided for in this chapter, which shall incorporate the permitting functions of those agencies involved in the development of the project which are transferred by section 196D-10 to the department to effectuate the purposes of this chapter.

(b) The consolidated permit application and review process shall incorporate:

(1) A list of all permits required for the project;

(2) The role and functions of the department as the lead agency and the interagency group;

(3) All permit review and approval deadlines;

(4) A schedule for meetings and actions of the interagency group;

(5) A mechanism to resolve any conflicts that may arise between or among the department and any other agencies, including any federal agencies, as a result of conflicting permit, approval, or other requirements, procedures, or agency perspectives;

(6) Any other administrative procedures related to the foregoing; and

(7) A consolidated permit application form to be used for the project for all permitting purposes.

(c) The department shall perform all of the permitting functions for which it is currently responsible and which are transferred to it by section 196D-10 for the purposes of the project, and shall coordinate and consolidate all required permit reviews by other agencies, and to the fullest extent possible by all federal agencies, having jurisdiction over any aspect of the project. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 188-23 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-23
Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception.
Status: in_force

(a) It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical energy with appurtenant devices for the introduction of electricity into the water, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department. The department may issue permits for the possession or use of electrofishing devices consistent with other legal requirements.

(b) It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life any of the following:

(1) Any petroleum, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance;

(2) Hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names, such as Clorox and Purex, and bleaching powders;

(3) Preparations containing rotenone, tephrosin, saponins, or plant materials from Barringtonia acutangula, Barringtonia asiatica, Barringtonia racemosa, Barringtonia longiracemosa, Barringtonia speciosa, Careya australis, Cocculus ferrandianus, Cocculus trilobus, Cocos nucifera, Hura crepitans, Hura polyandra, Piscidia acuminata, Piscidia carthagenensis, Piscidia erythrina, Planchonia careya, Tephrosia purpurea, Tephrosia piscatoria, Wikstroemia; and

(4) Any other substance or material deleterious to aquatic life; except under the terms and conditions of a permit first obtained by the user from the department.

The department may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.

The possession or use of these substances without a permit by any person on, in, or near the water where aquatic life can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.

The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

Nothing in this section shall be held or construed to be an amendment of the rules of the department of transportation. [L 1888, c 30, §1; RL 1925, §761; am L 1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; am L 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]
Haw. Rev. Stat. § 171-41.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-41.5
Amendment of commercial, hotel, or industrial lease.
Status: in_force

(a) The board of land and natural resources, after notification and public hearing as provided in subsection (b), may amend the height, density, and other building restrictions or requirements and the specific use or uses contained in a lease for hotel, commercial, or industrial use of public land to another or an additional specific hotel, commercial, or industrial use or uses, or restriction; provided that the lease has been in effect twenty years or more, and upon:

(1) The application of the lessee;

(2) Consent of each holder of record having a security interest in any improvements made by the lessee to the leased public land;

(3) A finding by not less than two-thirds of the total membership of the board that the amended use or uses or restriction is in the public interest; and

(4) Agreement by the lessee that the lessee, commencing from the effective date of the amendment, shall pay a revised annual rent equal to the annual fair market rental value of the land based on the amendment. The annual fair market value of the land shall be determined and set by the board. Such amendments shall not be construed to permit the construction of improvements not otherwise permitted by county zoning regulations applicable to the public land.

(b) Before any amendment to a state lease, the board of land and natural resources shall give no fewer than fourteen days' public notice statewide and, in addition, in the county where the subject property is situated. A full hearing shall be given by the board of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, on the island where the subject property is situated, and shall be conducted under rules that the board may adopt. [L 1986, c 252, §2; am L 1990, c 73, §1; am L 1998, c 2, §37]
Haw. Rev. Stat. § 196-7.8 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-7.8
[ §196-7.
Status: in_force

[ §196-7.8] Electric bicycle and electric moped rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase of new electric bicycles and new electric mopeds and may contract with a third-party administrator pursuant to subsection (i) to operate and manage the rebate program.

(b) Each eligible purchase of a new electric bicycle or new electric moped shall receive a rebate of either twenty per cent of the retail cost or $500, whichever amount is lower; provided that no individual shall receive more than $500 in total rebates each fiscal year.

(c) The department of transportation shall not issue more than $700,000 in total rebates under this section each fiscal year; provided that the electric bicycle and electric moped subaccount within the highway development special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates. The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable. The department of transportation shall allow valid claims filed by eligible applicants for whom sufficient funds may not be immediately available to receive a rebate as funds may be available in a subsequent year.

(d) The department of transportation shall:

(1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

(2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale, a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle or new electric moped.

(e) This section shall apply to new:

(1) Electric bicycles capable of speeds of no more than twenty-eight miles per hour; and

(2) Electric mopeds,

purchased at a retail store after July 1, 2022.

(f) Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric bicycle and electric moped rebate program. Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate.

(g) Nothing in this section shall alter taxes due on the original purchase. Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

(h) In administering the electric bicycle and electric moped rebate program, the department of transportation shall provide rebates to persons eighteen years or older who:

(1) Are eligible for:

(A) The Supplemental Nutrition Assistance Program;

(B) The free and reduced price lunch program;

(C) Section 8 of the United States Housing Act of 1937, as amended; or

(D) Similar low-income assistance programs identified by the department of transportation;

(2) Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or

(3) Are enrolled in school, community college, or university.

(i) The department of transportation may contract with a third-party administrator to operate and manage the electric bicycle and electric moped rebate program. The third-party administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from moneys provided by the federal government or private funding sources. The third-party administrator shall not expend more than ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for administration of the electric bicycle and electric moped rebate program. [L 2022, c 306, §2]
Haw. Rev. Stat. § 185-7 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-7
Fire danger periods, burning permits, setting fires, penalties.
Status: in_force

(a) During periods of weather when the threat of fire is particularly dangerous within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves in any branch, the manager shall establish a fire danger period by causing a fire warning to be issued by publishing a notice containing information setting forth the type of closure and a designation of the affected areas or by posting notices in public places with similar information. During fire danger periods, the manager may:

(1) Totally close or limit use within an area;

(2) Prohibit any burning;

(3) Prohibit smoking in specified areas, including in automobiles operating in the area; and

(4) Prohibit camping in certain areas.

However, in areas where fire control operations are in progress, a manager may prohibit public access and use without prior notice for purposes of effective fire control operations and public safety.

(b) The manager will minimize the threat of fires by maintaining control through the issuance and management of burning permits or the establishment of rules by the department, pursuant to chapter 91. On other lands where the department has direct fire protection responsibility, as described in section [185-1.5], and on adjoining property that offer a significant threat to those lands, the department shall establish agreements with the department [of] health to require burning plans acceptable to the managers and the county fire chief. The issuance of permits shall be at the discretion of the issuing officer who shall take into account whether the issuance of a permit is compatible with safety. Holders of permits shall start no fires during a heavy wind or without sufficient help present to control same and shall maintain a constant watch over the fires until they have been extinguished.

(c) Any person who violates any restriction of a closure or any person who discards burning material within a closed fire area, or, every person who sets a fire on land within the closed fire area without a permit, or, every person who wilfully, maliciously, or negligently sets a fire which burns property not owned, leased, or controlled by the person shall be guilty of a misdemeanor. Any person violating this section shall be fined not less than $250 nor more than $4,000 and shall be held liable for restitution for any suppression costs and damages to public or private property. Setting fires or causing them to be set or allowing them to escape shall be prima facie evidence of wilfulness, malice, or negligence under this section; provided that nothing herein contained shall apply to a person who, in good faith, sets a back fire to check a fire already burning. A "closed fire area" is defined as the area wherein a total closure or specific burning restrictions are in effect during a fire danger period. [L 1953, c 100, §9; RL 1955, §19-57; HRS §185-7; am L 1974, c 64, pt of §1; gen ch 1985; am L 1994, c 140, §7]
Haw. Rev. Stat. § 174C-15 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-15
Penalties and common law remedies.
Status: in_force

(a) The commission may enforce its rules and orders adopted pursuant to this chapter by suit for injunction or for damages or both.

(b) Any person who violates any provision of this chapter, or any rule adopted pursuant to this chapter, may be subject to a fine imposed by the commission. Such fine shall not exceed $5,000. For a continuing offense, each day during which the offense is committed is a separate violation.

(c) No provision of this chapter shall bar the right of any injured person to seek other legal or equitable relief against a violator of this chapter.

(d) Except as otherwise provided by law, the commission or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. [L 1987, c 45, pt of §2; am L 2004, c 142, §6]
Haw. Rev. Stat. § 195F-8 — HI Code / Division 1 / Title 12 / Chapter 195F / Section 195F-8
Rules.
Status: in_force

The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter.
Haw. Rev. Stat. § 182-10 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-10
Revocation of mining leases.
Status: in_force

A mining lease may be revoked if the lessee fails to pay rentals when due or if any of the terms of the lease or of law are not complied with, or if the lessee wholly ceases all mining operations for other than reasons of force majeure or the uneconomic operation of the mining lease for a period of one year without the written consent of the board; provided that the board shall give the lessee notice of any default and the lessee shall have six months or such other time limit as provided by the rules from the date of the notice to remedy the default.
Haw. Rev. Stat. § 190D-36 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-36
Criminal liability.
Status: in_force

Any person who negligently or wilfully damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board or who negligently or wilfully damages, disturbs, interferes, takes, or possesses any improvements, assets, marine plants or animals, or equipment in an area leased to a person, without the permission of that person, shall be treated in accordance with the applicable provisions of chapter 708.
Haw. Rev. Stat. § 190D-22 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-22
Leasing procedure.
Status: in_force

(a) Any person who wants to obtain a lease for marine activities in state marine waters shall request a lease from the board at the time of filing an application.

(b) Upon receipt of a completed application and authorization of a lease, the board shall:

(1) Negotiate with and grant a lease to the applicant; or

(2) Conduct a public auction and grant the lease to the highest qualified bidder.

Public auctions shall be conducted in accordance with chapter 171. If an auction is held and the applicant submitting a completed application is not the highest qualified bidder, the board shall require the highest qualified bidder to indemnify the applicant for all legitimate costs incurred in the preparation of any environmental assessment or environmental impact statement included in the application pursuant to chapter 343 and the rules adopted thereunder. In establishing and following internal procedures for lease applications, the board shall attempt to minimize costs to those applicants submitting completed applications.

(c) The board shall not revoke or modify its approval of an application in such a way as to invalidate, impair, limit, or affect, directly or indirectly, in whole or in part, the rights of a lessee as set forth in the lease granted to the lessee pursuant to this chapter. [L 1986, c 91, pt of §1; am L 1999, c 176, §§6, 11; am L 2002, c 203, §1]
Haw. Rev. Stat. § 174C-56 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-56
Review of permits.
Status: in_force

At least once every twenty years, the commission shall conduct a comprehensive study of all permits issued under this chapter to determine whether the conditions on such permits are being complied with. The commission shall prepare a formal report to the legislature which shall be available to the public.
Haw. Rev. Stat. § 184-3.2 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-3.2
[ §184-3.
Status: repealed

[ §184-3.2] Fee schedules. (a) Notwithstanding any law to the contrary, the board of land and natural resources may adopt, amend, or repeal administrative fee schedules, exempt from chapter 91, for all user fees, including but not limited to camping, lodging, parking, group use, and special use activities for which the department charges fees. Fee schedules may be adopted at regular or special meetings of the board of land and natural resources pursuant to section 171-5.

(b) The division of state parks shall post notice on the division's and department's websites of any proposed amendments to administrative fee schedules at least forty-five days prior to the meeting of the board of land and natural resources at which the amended fee schedule is to be considered. The notice shall include:

(1) The full text of the proposed amended fee schedule in Ramseyer format; and

(2) The date, time, and place where the board of land and natural resources meeting is to be held and where interested persons may provide written testimony or be heard on the proposed fee schedule adoption, amendment, or repeal.

(c) The board of land and natural resources shall afford all interested persons an opportunity to submit data, views, or arguments, orally or in writing. The board of land and natural resources shall fully consider all written and oral submissions respecting the proposed administrative fee schedule and shall make its decision at the meeting pursuant to section 171-5.

(d) Any administrative fee schedule adopted, amended, or repealed pursuant to this section shall become effective ten days after adoption by the board of land and natural resources, unless otherwise specified by the board. If the board of land and natural resources specifies a later effective date, the later date shall be the effective date; provided that no administrative fee schedule shall have an effective date more than thirty days after adoption of the administrative fee schedule by the board.

(e) The division of state parks shall maintain a file of administrative fee schedules in Ramseyer format on the division's and department's websites.

(f) For the purposes of this section "administrative fee schedules" includes a fee range with a minimum and maximum amount to be charged. [L 2021, c 194, §2]
Haw. Rev. Stat. § 190-4 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-4
Permits.
Status: in_force

The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.
Haw. Rev. Stat. § 171-24 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-24
Land conveyances, preparation, signing, record, copies.
Status: in_force

Except for the preparation and execution of leases and licenses and the issuance of revocable permits and rights of entry by the department of transportation, in its harbor and airport functions, all land patents, deeds, leases, grants, or other conveyances of any public land or any interest therein, shall be prepared by the department of land and natural resources. The department of transportation shall, within thirty days after the execution or issuance of such documents, file or record as directed by the board of land and natural resources the original of the same with the board.

Documents setting aside lands for public purposes or withdrawing the same shall be signed by the governor. All other documents prepared by the department of land and natural resources shall be signed by its chairperson or any authorized employee.

The board shall keep a complete record of all such documents. The record shall be open to public inspection and the board shall furnish a certified copy, under its official seal, of any document to any person applying therefor, upon payment of reasonable charges set by the board for certified copies. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-24; HRS §171-24; am L 1989, c 145, §1]
Haw. Rev. Stat. § 171-117 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-117
Public lands; agricultural park lands.
Status: in_force

(a) Public lands may be used for agricultural parks under this part.

(b) Public lands designated or in use as agricultural parks on June 30, 1986, may be set aside under section 171-11 to the department of agriculture and biosecurity upon its request for use as agriculture parks. Notwithstanding any lease term to the contrary, after June 30, 1986, revenues from the rent, use, or maintenance of leased lots in agricultural parks set aside under this subsection shall be deposited into the agricultural park special fund established under section 166-10. [L 1974, c 231, pt of §3(2); am L 1986, c 222, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 190D-33 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-33
Revenues.
Status: in_force

The revenues obtained from the leasing of state marine waters pursuant to this chapter shall be deposited into the special land and development fund to be used for planning, research, and development of the aquaculture industry; provided that the portion of revenues subject to chapter 10, shall be deposited into the public land trust fund as provided by law.
Haw. Rev. Stat. § 171-76 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-76
Preference right to residential lease.
Status: in_force

In any drawing to determine the person to whom a residential lease is to be made, preference shall be given to an otherwise qualified person, who has:

(1) Within a period of not longer than five years prior to the filing of the person's application for a residential lease, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of residential premises which were taken by any governmental authority for any public purpose and who was displaced by reason of such taking; or

(2) Been displaced by reason of any natural disaster as defined in section 171-85.

After the above preference, any person who is a citizen of the United States and who is otherwise qualified shall be given preference over non-citizens. [L 1962, c 32, pt of §2; Supp, §103A-72; HRS §171-76; gen ch 1985]
Haw. Rev. Stat. § 174-4 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-4
Interested members of the board or employees.
Status: in_force

No member of the board of land and natural resources or employees of the board shall acquire any interest, direct or indirect, in any land or water facility or project or in any property, included or planned to be included in any facility or project, nor shall any member of the board or employee of the board have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with any land or water facility or project. If any member of the board or employee of the board owns or controls an interest, direct or indirect, in any property included or planned to be included in any land or water facility or project, the member of the board or employee of the board shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board. The member of the board or employee shall be immediately disqualified from taking any part in the action of the board relative to the land or water facility or project. Failure to so disclose the interest shall constitute misconduct in office.
Haw. Rev. Stat. § 172-5 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-5
Hearing, foreclosure.
Status: in_force

If in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default may first be entered against all persons who do not appear and answer in the manner provided in section 172-4. If on the trial of the cause it appears that commutation is due the State on the land in question, or in case of an order of default having been entered, the judge may make an order that unless the amount of the commutation, together with all costs accrued, is paid within thirty days, the property or so much thereof as may be necessary, shall be sold at public auction to the highest bidder to satisfy the government's lien for commutation, together with interest, costs of appraisement, the costs of publication of the notice herein provided for, costs of court and of sale, and that the owner or owners of the property and their predecessors in title shall be forever foreclosed and barred from any right to redeem the property so sold.
Haw. Rev. Stat. § 195D-4 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-4
Endangered species and threatened species.
Status: in_force

(a) Any species of aquatic life, wildlife, or land plant that has been determined to be an endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under this chapter and any indigenous species of aquatic life, wildlife, or land plant that has been determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under this chapter. The department may determine, in accordance with this section, however, that any such threatened species is an endangered species throughout all or any portion of the range of such species within this State.

(b) In addition to the species that have been determined to be endangered or threatened pursuant to the Endangered Species Act, the department, by rules adopted pursuant to chapter 91, may determine any indigenous species of aquatic life, wildlife, or land plant to be an endangered species or a threatened species because of any of the following factors:

(1) The present or threatened destruction, modification, or curtailment of its habitat or range;

(2) Overutilization for commercial, sporting, scientific, educational, or other purposes;

(3) Disease or predation;

(4) The inadequacy of existing regulatory mechanisms; or

(5) Other natural or artificial factors affecting its continued existence within Hawaii.

(c) The department shall make determinations required by subsection (b) on the basis of all available scientific, commercial, and other data after consultation, as appropriate, with federal agencies, other interested state and county agencies, and interested persons and organizations.

(d) The department shall issue rules containing a list of all species of aquatic life, wildlife, and land plants that have been determined, in accordance with subsections (a) to (c), as endangered species and a list of all such species so designated as threatened species. Each list shall include the scientific, common, and Hawaiian names, if any, and shall specify with respect to each such species over what portion of its range it is endangered or threatened.

Except with respect to species of aquatic life, wildlife, or land plants determined to be endangered or threatened pursuant to the Endangered Species Act, the department, upon its own recommendation or upon the petition of three interested persons who have presented to the department substantial evidence that warrants review, shall conduct a review of any listed or unlisted indigenous species proposed to be removed from or added to the lists published pursuant to this subsection.

(e) With respect to any threatened or endangered species of aquatic life, wildlife, or land plant, it is unlawful, except as provided in subsections (f), (g), and (j) for any person to:

(1) Export any such species from this State;

(2) Take any such species within this State;

(3) Possess, process, sell, offer for sale, deliver, carry, transport, or ship, by any means whatsoever, any such species;

(4) Violate any rule pertaining to the conservation of the species listed pursuant to this section and adopted by the department pursuant to this chapter; or

(5) Violate the terms of, or fail to fulfill the obligations imposed and agreed to under, any license issued under subsection (f), (g), or (j) any habitat conservation plan authorized under section 195D-21, or any safe harbor agreement authorized under section 195D-22.

(f) The department may issue temporary licenses, under such terms and conditions as it may prescribe, to allow any act otherwise prohibited by subsection (e), for scientific purposes or to enhance the propagation or survival of the affected species.

(g) After consultation with the endangered species recovery committee, the board may issue a temporary license as a part of a habitat conservation plan to allow a take otherwise prohibited by subsection (e) if the take is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity; provided that:

(1) The applicant, to the maximum extent practicable, shall minimize and mitigate the impacts of the take;

(2) The applicant shall guarantee that adequate funding for the plan will be provided;

(3) The applicant shall post a bond, provide an irrevocable letter of credit, insurance, or surety bond, or provide other similar financial tools, including depositing a sum of money in the endangered species trust fund created by section 195D-31, or provide other means approved by the board, adequate to ensure monitoring of the species by the State and to ensure that the applicant takes all actions necessary to minimize and mitigate the impacts of the take;

(4) The plan shall increase the likelihood that the species will survive and recover;

(5) The plan takes into consideration the full range of the species on the island so that cumulative impacts associated with the take can be adequately assessed;

(6) The measures, if any, required under section 195D-21(b) shall be met, and the department has received any other assurances that may be required so that the plan may be implemented;

(7) The activity, which is permitted and facilitated by issuing the license to take a species, does not involve the use of submerged lands, mining, or blasting;

(8) The cumulative impact of the activity, which is permitted and facilitated by the license, provides net environmental benefits; and

(9) The take is not likely to cause the loss of genetic representation of an affected population of any endangered, threatened, proposed, or candidate plant species.

Board approval shall require an affirmative vote of not less than two-thirds of the authorized membership of the board after holding a public hearing on the matter on the affected island. The department shall notify the public of a proposed license under this section through publication in the periodic bulletin of the office of planning and sustainable development and make the application and proposed license available for public review and comment for not less than sixty days prior to approval.

(h) Licenses issued pursuant to this section may be suspended or revoked for due cause, and if issued pursuant to a habitat conservation plan or safe harbor agreement, shall run with the land for the term agreed to in the plan or agreement and shall not be assignable or transferable separate from the land. Any person whose license has been revoked shall not be eligible to apply for another license until the expiration of two years from the date of revocation.

(i) The department shall work cooperatively with federal agencies in concurrently processing habitat conservation plans, safe harbor agreements, and incidental take licenses pursuant to the Endangered Species Act. After notice in the periodic bulletin of the office of planning and sustainable development and a public hearing on the islands affected, which shall be held jointly with the federal agency, if feasible, whenever a landowner seeks both a federal and a state safe harbor agreement, habitat conservation plan, or incidental take license, the board, by a two-thirds majority vote, may approve the federal agreement, plan, or license without requiring a separate state agreement, plan, or license if the federal agreement, plan, or license satisfies, or is amended to satisfy, all the criteria of this chapter. All state agencies, to the extent feasible, shall work cooperatively to process applications for habitat conservation plans and safe harbor agreements on a consolidated basis including concurrent processing of any state land use permit application that may be required pursuant to chapter 183C or 205, so as to minimize procedural burdens upon the applicant.

(j) Subsection (e) and any other provision of law to the contrary notwithstanding, the department shall adopt rules in accordance with chapter 91 authorizing the propagation, possession, ownership, and sale of selected endangered and threatened land plant species grown from cultivated nursery stock and not collected or removed from the wild. [L 1975, c 65, pt of §1; am L 1983, c 111, §5; am L 1997, c 380, §4 and c 381, §2; am L 1998, c 237, §1; am L 2004, c 144, §2; am L 2021, c 152, §16 and c 153, §9]

Revision Note

Subsection (j) redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 171-49.7 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-49.7
Public lands suitable and available for residential development; inventory.
Status: in_force

The department of land and natural resources shall complete and maintain a current inventory of all public lands placed in the urban district by the land use commission under chapter 205 which are or may be suitable and available for residential development. This inventory shall be updated at the end of each quarter and shall contain the following information: the island and area in which the land is situated, the acreage, and such other information which the department determines may be necessary to identify and inventory the land.
Haw. Rev. Stat. § 171-156 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-156
Beach restoration special fund.
Status: in_force

(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund:

(1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959;

(2) Proceeds from the lease of public lands pursuant to this part for an existing seawall or revetment;

(3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land;

(4) Appropriations made by the legislature for deposit into this fund;

(5) Donations and contributions made by private individuals or organizations for deposit into this fund;

(6) Fees collected for the processing of applications for coastal and beach erosion control projects; and

(7) Grants provided by governmental agencies or any other source.

(b) The beach restoration special fund may be used by the department for one or more of the following purposes:

(1) Planning, designing, development, or implementation of beach restoration projects pursuant to this part; and

(2) Providing grants to the counties, nongovernmental organizations, and the University of Hawaii for the restoration of beach lands and for research or engineering studies necessary to support beach restoration projects, subject to this part. [L 1999, c 84, pt of §2]
Haw. Rev. Stat. § 174C-48 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-48
Permits required.
Status: in_force

(a) No person shall make any withdrawal, diversion, impoundment, or consumptive use of water in any designated water management area without first obtaining a permit from the commission. However, no permit shall be required for domestic consumption of water by individual users, and no permit shall be required for the use of a catchment system to gather water. An existing use in newly designated areas may be continued until such time as the commission has acted upon the application subject to compliance with section 174C-51.

(b) In its regulation of water resources in designated water management areas, the commission shall delegate to the county boards of water supply the authority to allocate the use of water for municipal purposes, subject to the limits of water supply allocated to the county boards of water supply in their role as water purveyors. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 185-6 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-6
Insurance protection.
Status: in_force

All persons who have performed services required under this chapter, which services are made compensable under the terms of this chapter, shall, in case of injury or death arising out of and in the performance of the functions pursuant to this chapter, or their dependents, be entitled to all of the benefits provided in chapter 386 including medical services and supplies; provided that for the purposes of such benefits, average weekly wages shall be computed on the basis of earnings from the usual employment of such persons. The cost thereof shall be a charge upon the appropriate fund.
Haw. Rev. Stat. § 200- — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-
[ §200- 12.
Status: in_force

[ §200- 12.5] Native Hawaiian canoes; education. (a) In all state small boat harbors, the department shall accommodate the mooring of native Hawaiian canoes owned or leased by a nonprofit corporation, association, organization, or other duly chartered entity that operate s native Hawaiian canoes for educational purposes.

(b) Any owner or lessee of a native Hawaiian canoe accommodated under subsection (a) shall submit to the department an annual report describing how the educational activities that were conducted during the previous year used, involved, or focused on the native Hawaiian canoe . The report shall include:

(1) A description of each educational activity;

(2) The date of each educational activity; and

(3) The number of participants in each educational activity.

(c) The chairperson may adopt rules pursuant to chapter 91 to implement this section. [L 2013, c 243 , § 2]
Haw. Rev. Stat. § 174C-93 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-93
Permits for construction or alteration.
Status: in_force

No person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from the commission. The commission may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the State and the affected county. Nothing in this section shall be construed to be inconsistent with part IV.

A person proposing to construct or alter a stream diversion work shall apply to the commission for a permit authorizing such construction or alteration. The application shall contain the following:

(1) Name and address of the applicant;

(2) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land;

(3) Location of the work;

(4) Engineering drawings showing the detailed plans of construction;

(5) Detailed specifications of construction;

(6) Name and address of the person who prepared the plans and specifications for construction;

(7) Name and address of the person who will construct the proposed work;

(8) General purpose of the proposed work; and

(9) Such other information as the commission may require. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 188-57 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-57
Licenses for certain crustaceans.
Status: in_force

(a) Any commercial marine dealer may sell, or any hotel, restaurant, or other public eating house may serve, during the closed season, Kona crabs or lobsters lawfully caught during the open season by first procuring a license to do so.

(b) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this chapter and to set fees for selling or serving Kona crab and lobster during the closed season. [L 1925, c 72, §§1, 2, 3; RL 1935, §396; am L 1935, c 107, §1; RL 1955, §21-90; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §188-57; am L 1977, c 55, §1; am L 1981, c 85, §66; am L 1990, c 12, §1; am L 1991, c 184, §3; am L 1992, c 163, §2; am L 1999, c 85, §§3, 17; am L 2002, c 151, §1]
Haw. Rev. Stat. § 187A-6.5 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-6.5
Release and confiscation of harmful aquatic life.
Status: in_force

(a) No person shall release any live non-native fish or other live non-native aquatic life being held in an aquarium or other confinement for scientific study, exhibition, display, sale, or for any other purpose, into any waters of the State, except as provided in section 187A-2(4).

(b) The department or its agents may seize, confiscate, or destroy, as a public nuisance, any fish or other aquatic life found in any waters of the State and whose importation is prohibited or restricted pursuant to rules of the department of agriculture and biosecurity. [L 1993, c 256, §1; am L 1999, c 195, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 171-154 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-154
Authority to lease coastal lands.
Status: in_force

The board, subject to this chapter, may lease public coastal lands under the board's jurisdiction for the purpose of generating revenues to be deposited into the beach restoration [special] fund. Any terms and conditions imposed by the board on the lessee shall run with the land and shall be binding on the lessee's heirs, successors, and assigns. The board may seek enforcement of such terms and conditions in any court of appropriate jurisdiction.
Haw. Rev. Stat. § 188-31.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-31.5
Aquarium fish for export; monthly count.
Status: in_force

The department of land and natural resources shall adopt rules in accordance with chapter 91 to monitor the aquarium fish catch report and fish dealer's report for export of aquarium fish taken from the waters of the State for aquarium purposes pursuant to section 188-31. A monthly count of the quantities taken of each individual species of aquarium fish exported shall be reported to the board.
Haw. Rev. Stat. § 171-57 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-57
Reserved rights and easements.
Status: reserved

Notwithstanding any limitations to the contrary, where public land is disposed of with reservation in the State of quarry rights to rock, sand or gravel or an easement, and if the board of land and natural resources finds that a disposition of the reserved right or easement is not prejudicial to the best interest of the State, community or area in which the land is situated, it may, after giving public notice of the intended disposition as provided in section 171-16(d), dispose of the reserved right or easement to the owner of the land by direct sale or by lease without public auction.
Haw. Rev. Stat. § 171-112 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-112
Acquisition.
Status: in_force

The board of land and natural resources is authorized to acquire by lease, exchange, direct purchase, or eminent domain private property for disposition for agricultural purposes, including but not limited to agricultural parks. After June 30, 1986, any lands acquired for the foregoing purposes may be designated and set aside under section 171-11 to the department of agriculture and biosecurity upon its request for use as an agricultural park.
Haw. Rev. Stat. § 194-4 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-4
Relation of chapter to other laws.
Status: in_force

[§194-4 Relation of chapter to other laws.] Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this [chapter] , a department is authorized to examine, control, and eradicate all instances of invasive species identified by the council for control or eradication and found on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.
Haw. Rev. Stat. § 183D-12 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-12
General administrative penalties.
Status: in_force

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

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

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

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

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

(c) Any criminal action against a person for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1996, c 152, §1]
Haw. Rev. Stat. § 174C-87 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-87
Sealing of abandoned wells.
Status: in_force

(a) When a well is abandoned, the owner shall seal the abandoned well in a manner approved by the commission. Before sealing, the owner shall file with the commission an application for a well sealing permit signed by a driller licensed to do the work and other information required by the commission.

(b) The owner of an abandoned well shall repair or seal the well at the owner's expense, as provided by the well construction and pump installation standards.

(c) Notwithstanding any other law to the contrary, if the owner of real property that includes an abandoned well transfers ownership of the real property, the owner shall notify the commission on water resource management of that transfer upon opening of escrow; provided that the presence or existence of the abandoned well is:

(1) Within the knowledge of the owner; or

(2) Visible from an accessible area. [L 1987, c 45, pt of §2; am L 1999, c 197, §12; am L 2022, c 213, §3]
Haw. Rev. Stat. § 187A-13 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-13
General penalty; community service.
Status: in_force

(a) Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined 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.

(b) A fine in addition to the fine under subsection (a) may be levied for each specimen of aquatic life taken, killed, or injured 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.

(c) The court may require the defendant to complete an aquatic resources educational class administered by the department in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

(d) The court may direct the defendant to perform community service as administered by the department in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department may recommend to the court an order of community service that benefits the resource that was damaged.

(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 1985, c 94, pt of §1; am L 1999, c 195, §3; am L 2016, c 67, §1; am L 2022, c 35, §3]
Haw. Rev. Stat. § 171-13 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-13
Disposition of public lands.
Status: in_force

Except as otherwise provided by law and subject to other provisions of this chapter, the board may:

(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; and

(2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on such terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of such easement shall be determined pursuant to section 171-17(b).

No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof. [L 1962, c 32, pt of §2; Supp, §103A-13; HRS §171-13; am L 1973, c 205, §1; am L 1976, c 193, §1; am L 1980, c 4, §1; am L 1983, c 25, §1; am L Sp 2001 3d, c 15, §§12, 13; am L 2002, c 69, §1]
Haw. Rev. Stat. § 195D-30 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-30
Net gain in recovery of species.
Status: in_force

All habitat conservation plans, safe harbor agreements, incidental take licenses, and subsequent actions authorized under those plans, agreements, and licenses shall be designed to result in an overall net gain in the recovery of Hawaii's threatened and endangered species.
Haw. Rev. Stat. § 196-23 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-23
Energy efficient products.
Status: in_force

(a) Agencies shall select, when life-cycle cost-effective, ENERGY STAR and other energy efficient products when acquiring energy-using products. For product groups where ENERGY STAR labels are not yet available, agencies may select products that are in the upper twenty-five per cent of energy efficiency as designated by the United States Department of Energy, Office of Energy Efficiency and Renewable Energy, federal energy management program.

(b) Agencies shall incorporate energy-efficient criteria consistent with designated energy-efficiency levels into product specification language developed for all purchasing procedures.

(c) The State shall consider the creation of financing agreements with private sector suppliers to provide private funding to offset higher up-front costs of efficient products.

(d) Agencies entering into leases, including the renegotiation or extension of existing leases, shall:

(1) Incorporate lease provisions that encourage energy and water efficiency wherever life-cycle cost-effective. Build-to-suit lease solicitations shall contain criteria encouraging sustainable design and development, energy efficiency, and verification of facility performance;

(2) Include a preference for facilities having an ENERGY STAR building label in their selection criteria for acquiring leased facilities; and

(3) Encourage lessors to apply for an ENERGY STAR building label and to explore and implement projects that will reduce costs to the State, including projects carried out through the lessors' energy-savings contracts. [L 2002, c 77, pt of §9; am L 2006, c 96, §9]
Haw. Rev. Stat. § 174C-3 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-3
Definitions.
Status: in_force

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

"Agricultural use" means the use of water for the growing, processing, and treating of crops, livestock, aquatic plants and animals, and ornamental flowers and similar foliage.

"Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals.

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

"Chairperson" means the chairperson of the commission on water resource management.

"Change in use" means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial uses.

"Channel alteration" means: (1) to obstruct, diminish, destroy, modify, or relocate a stream channel; (2) to change the direction of flow of water in a stream channel; (3) to place any material or structures in a stream channel; and (4) to remove any material or structures from a stream channel.

"Commission" means the commission on water resource management.

"Continuous flowing water" means a sufficient flow of water that could provide for migration and movement of fish, and includes those reaches of streams which, in their natural state, normally go dry seasonally at the location of the proposed alteration.

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

"Domestic use" means any use of water for individual personal needs and for household purposes such as drinking, bathing, heating, cooking, noncommercial gardening, and sanitation.

"Emergency" means the absence of a sufficient quantity and quality of water in any area whether designated or not which threatens the public health, safety, and welfare as determined by the commission.

"Existing agricultural use" means replacing or alternating the cultivation of any agricultural crop with any other agricultural crop, which shall not be construed as a change in use.

"Ground water" means any water found beneath the surface of the earth, whether in perched supply, dike-confined, flowing, or percolating in underground channels or streams, under artesian pressure or not, or otherwise.

"Hydrologic unit" means a surface drainage area or a ground water basin or a combination of the two.

"Impoundment" means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline.

"Instream flow standard" means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified times of the year to protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses.

"Instream use" means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. Instream uses include, but are not limited to:

(1) Maintenance of fish and wildlife habitats;

(2) Outdoor recreational activities;

(3) Maintenance of ecosystems such as estuaries, wetlands, and stream vegetation;

(4) Aesthetic values such as waterfalls and scenic waterways;

(5) Navigation;

(6) Instream hydropower generation;

(7) Maintenance of water quality;

(8) The conveyance of irrigation and domestic water supplies to downstream points of diversion; and

(9) The protection of traditional and customary Hawaiian rights.

"Interim instream flow standard" means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard.

"Municipal use" means the domestic, industrial, and commercial use of water through public services available to persons of a county for the promotion and protection of their health, comfort, and safety, for the protection of property from fire, and for the purposes listed under the term "domestic use".

"Noninstream use" means the use of stream water that is diverted or removed from its stream channel and includes the use of stream water outside of the channel for domestic, agricultural, and industrial purposes.

"Nonregulated use" means any use of water which is exempted from regulation by the provisions of this code.

"Person" means any and all persons, natural or artificial, including an individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the State of Hawaii, and all political subdivisions, municipalities, and public agencies thereof.

"Reasonable-beneficial use" means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is both reasonable and consistent with the state and county land use plans and the public interest.

"Stream" means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some parts of the bed or channel have been dredged or improved does not prevent the watercourse from being a stream.

"Stream channel" means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. The channel referred to is that which exists at the present time, regardless of where the channel may have been located at any time in the past.

"Stream diversion" means the act of removing water from a stream into a channel, pipeline, or other conduit.

"Stream reach" means a segment of a stream channel having a defined upstream and downstream point.

"Stream system" means the aggregate of water features comprising or associated with a stream, including the stream itself and its tributaries, headwaters, ponds, wetlands, and estuary.

"Surface water" means both contained surface water--that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction--and diffused surface water--that is, water occurring upon the surface of the ground other than in contained water bodies. Water from natural springs is surface water when it exits from the spring onto the earth's surface.

"Sustainable yield" means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission.

"Time of withdrawal or diversion" means, in view of the nature, manner, and purposes of a reasonable and beneficial use of water, the most accurate method of describing the time when the water is withdrawn or diverted, including description in terms of hours, days, weeks, months, or physical, operational, or other conditions.

"Water" or "waters of the State" means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

"Watercourse" means a stream and any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.

"Water management area" means a geographic area which has been designated pursuant to section 174C-41 as requiring management of the ground or surface water resource, or both.

"Water source" means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof.

"Well" means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. [L 1987, c 45, pt of §2; am L 1998, c 101, §2]
Haw. Rev. Stat. § 174C-4 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-4
Scope.
Status: in_force

(a) All waters of the State are subject to regulation under the provisions of this chapter unless specifically exempted. No provision of this chapter shall apply to coastal waters. Nothing in this chapter to the contrary shall restrict the planning or zoning power of any county under chapter 46.

(b) No state or county government agency may enforce any statute, rule, or order affecting the waters of the State controlled under the provisions of this chapter, whether enacted or promulgated before or after July 1, 1987, inconsistent with the provisions of this chapter. Nothing in this chapter to the contrary shall restrict the power of any county to plan or zone as provided in chapter 46.

(c) No state or county government agency or other person having the power of eminent domain or condemnation under the laws of the State, may exercise the power with respect to condemning property if the condemnation will materially affect water resources in the State, without the written permission of the commission.

(d) No right, title, or interest in the use of any water resources of the State can be acquired by prescription. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 183D-64 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-64
Transportation of wild birds from the State prohibited.
Status: in_force

No person shall transport or cause to be transported by any means any wild bird from any part of the State; provided that specimens of wild birds required for scientific or educational purposes may be exported from the State only when authorized under permits issued by the department.
Haw. Rev. Stat. § 195D-28 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-28
Relation of chapter to other laws.
Status: in_force

The rights and remedies in this chapter shall be cumulative and in addition to any and all rights and remedies that may exist under applicable state and federal laws.
Haw. Rev. Stat. § 171-89 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-89
Applications.
Status: in_force

All applications for a lease shall be filed with the board of land and natural resources within three months after the date of the natural disaster, provided that the board may extend the time for filing applications for an additional period not to exceed three months.
Haw. Rev. Stat. § 171-21 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-21
Rights of holder of security interest.
Status: in_force

Whenever any notice of breach or default is given to any party under section 171-20, or under the terms of any lease, patent, license, agreement, or other instrument issued or to be issued under this chapter, a copy of the notice shall be delivered by the board of land and natural resources to all holders of record of any security interest in the land or interest covered by the lease, patent, license, agreement, or other instrument whose security interest has been recorded with the board. Should the board seek to forfeit the privilege, interest, or estate created by the lease, license, agreement, patent, or other instrument, each holder may, at its option, cure or remedy the breach or default, if the same can be cured or remedied, by the payment of money or, if such is not the case, by performing or undertake in writing to perform all the terms, covenants, restrictions, or conditions of any lease, patent, license, agreement, or other instrument capable of performance by the holder, as determined by the board, within the time period provided in section 171-20 or within such additional period as the board may allow for good cause and add the cost thereof to the mortgage debt and the lien of the mortgage. Any lease, patent, license, agreement, or other instrument transferred pursuant to this section shall not be subject to the requirements in section 171-14. Upon failure of the holder to exercise its option, the board may:

(1) Pay to the holder from any moneys at its disposal, including the special land and development fund, which is made available for that purpose, the amount of the mortgage debt, together with interest and penalties, and secure an assignment of the debt and mortgage from the holder, or if ownership of the interest or estate shall then have vested in the holder by way of foreclosure or action in lieu thereof the board shall be entitled to a conveyance of the interest or estate upon payment to the holder of the amount of the mortgage debt, including interest and penalties, and all reasonable expenses incurred by the holder in connection with the foreclosure and preservation of its security interest, less appropriate credits, including income received from the privilege, interest, or estate subsequent to the foreclosure; or

(2) If the property cannot be reasonably reassigned without loss to the State, then terminate the outstanding privilege, interest, or estate without prejudice to any other right or remedy for arrears of rent or for any preceding or other breach or default, and use its best efforts to redispose of the affected land to a qualified and responsible person free and clear of the mortgage and the debt thereby secured; provided that a reasonable delay by the board in instituting or prosecuting any right or remedy it may have under this section shall not operate as a waiver of the right or to deprive it of the remedy when it may still hope otherwise to resolve the problems created by the breach or default involved.

Section 171-19 to the contrary notwithstanding, the proceeds of any redisposition under paragraph (2) shall be applied: first, to reimburse the board for costs and expenses in connection with the redisposition; second, to discharge in full any unpaid purchase price or other indebtedness owing the State in connection with the privilege, interest, or estate terminated; third, to the mortgagee to the extent of the value received by the State upon redisposition which exceeds the fair market lease value of the land as previously determined by the State's appraiser; and fourth, to the owner of the privilege, interest, or estate. Nothing contained in this section shall be construed in a manner as to infringe upon or prejudice in any way the rights of a holder of record having a security interest which shall have vested prior to the effective date hereof, and to the extent that this section and section 171-98 shall or may conflict and adversely affect such interests, the same shall be of no force and effect. [L 1962, c 32, pt of §2; am L 1963, c 193, §65; am L 1965, c 239, §12; Supp, §103A-21; am L 1967, c 234, §6; HRS §171-21; am L 1981, c 160, §2; am L 1986, c 215, §2; am L 1999, c 160, §20]
Haw. Rev. Stat. § 171-40 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-40
Expired leases; holdover.
Status: in_force

Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested. The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.

Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the board may issue a temporary permit to the lessee, subject to section 171-55 and the rent and such other terms and conditions as the board may prescribe. [L 1962, c 32, pt of §2; Supp, §103A-40; HRS §171-40]
Haw. Rev. Stat. § 200-39 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-39
Kaneohe Bay commercial ocean use activities; permits; restrictions.
Status: in_force

(a) Any other provision of this chapter to the contrary notwithstanding, no person shall operate thrill craft, parasailing, water sledding, or commercial high speed boating unless the person meets the requirements of section 200-37 and all rules adopted by the department that regulate or restrict these activities.

(b) No person shall conduct any commercial ocean use activity within Kaneohe Bay waters without a permit issued by the department.

(c) No person shall advertise or otherwise offer any commercial ocean use activity or equipment for such activity within Kaneohe Bay waters for which the person does not have a permit from the department. Advertisement in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:

(1) The owner of the advertised commercial ocean use activity or commercial ocean recreational equipment disseminated or directed the dissemination of the advertisement in that form and manner; and

(2) The commercial ocean use activity or commercial ocean recreational equipment is being operated at the location advertised.

The burden of proof shall be on a person charged with a violation of this section to establish that the equipment is not being used for unpermitted commercial ocean use activity or that the person's conduct is pursuant to a permit, lease, or license issued by the department.

(d) Permits issued by the department for commercial ocean use activities in Kaneohe Bay shall be limited to the number and locations, by permit type and vessel and passenger capacity, provided in the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, until applicable rules consistent with the master plan are adopted by the department; provided that the passenger capacity for snorkeling tours and glassbottom boat tours shall be set through rules adopted pursuant to chapter 91. No thrill craft permit may be transferred after June 21, 1998; provided that transfers of permits may be made at any time between family members.

(e) On Sundays and federal holidays, all commercial ocean use activities shall be prohibited.

(f) All rules adopted by the department with regard to Kaneohe Bay shall be drafted in consultation with the Kaneohe Bay regional council. For those provisions of the Kaneohe Bay master plan previously adopted by the legislature, the rules adopted by the department shall be in accordance with those provisions. Notwithstanding subsection (d) to the contrary, if the department determines for safety or environmental protection reasons that a permitted use should be relocated, the department may relocate the permitted use and the department shall have discretion to permit vessel substitution with a similar length vessel; provided that the increase is no greater than ten per cent of the current vessel length.

For those provisions of the Kaneohe Bay master plan developed pursuant to Act 208, Session Laws of Hawaii 1990, not previously adopted by the legislature, the master plan shall be used as the recommended guideline in the adoption and implementation of rules with regard to the regulation of all activities in Kaneohe Bay.

(g) Citations for violations of this section or any rules of the department adopted pursuant to this section may be issued by any law enforcement officer. In enforcing this section, any law enforcement officer shall have the power to issue subpoenas and take legal custody of any personal property that is the subject of or related to any violation of this section or rules established by the department pursuant to this section.

(h) Property confiscated pursuant to this section may be released only upon approval by the board or a court of competent jurisdiction. Storage of confiscated property shall be at the sole risk and expense to the owner. The department may charge reasonable storage fees to the owner for storage of any property confiscated pursuant to this section.

(i) Any property confiscated pursuant to this section that remains unclaimed for more than ten working days after it has been released pursuant to subsection (h) may be sold at public auction. If the department does not, or is unable to, sell the property at public auction, the department, after giving public notice of intended disposition, if that notice was not previously included in a public auction notice, may sell the property by negotiation, retain and use the property, donate the property to any other government agency, or dispose of the property as junk.

(j) Any penalties established in rule pursuant to this section shall be separate and in addition to any other fees, charges, and fines imposed by the department.

(k) As used in this section:

"Commercial ocean recreational equipment" means thrill craft; watercraft for high-speed boating, parasailing, water sledding, sailing, snorkeling, diving tours, fishing tours, or glassbottom boat tours; kayaks; canoes; any manner of surfboards, sailboards, paddleboards, or related watercraft; or watercraft for any other similar commercial ocean activity.

"Commercial ocean use activity" means and includes:

(1) Any commercial operation of commercial ocean recreational equipment, or any other similar commercial ocean activity;

(2) Providing any commercial ocean recreational equipment for rent or hire; or

(3) Delivering for hire or pre-positioning within one thousand feet of any shoreline of Kaneohe Bay for hire, any commercial ocean recreational equipment.

"Commercial ocean use activity" shall not include commercial fishing, commercial ocean activity authorized by a permit issued by the department, or activity authorized by an existing lease or license issued by the department. [L 1993, c 317, §§3(1), 7; am L 1998, c 4, §§2, 3 and c 129, §2; am L 2000, c 110, §1; am L 2023, c 232, §3]
Haw. Rev. Stat. § 171-18.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-18.5
Sugarcane lands conveyed for the development of housing projects.
Status: in_force

(a) This section applies to the amount to which the department of Hawaiian home lands is entitled pursuant to article XII, section 1 of the state constitution, from land as designated in subsection (e) previously cultivated as sugarcane land under any provision of law that is conveyed by the department to the Hawaii housing finance and development corporation for the development of housing projects as defined under section 201H-1. The amount to which the department of Hawaiian home lands is entitled shall be determined by multiplying the fair market value of the land by thirty per cent. For the purpose of this section:

"Fair market value" means the amount of money that a purchaser willing but not obliged to buy the land would pay to an owner willing but not obliged to sell it, taking into consideration the highest and best use of the land.

"Highest and best use" means the most profitable, probable, and legal use to which the land can be put.

(b) Fair market value shall be determined on a per acre basis pursuant to appraisals performed in conformance with the uniform standards of professional appraisal practice as adopted by the department of commerce and consumer affairs, not more than ninety days before the conveyance of the land to the Hawaii housing finance and development corporation. The appraisals shall be performed by two disinterested appraisers each of whose services shall be contracted by the department and the department of Hawaiian home lands, respectively. If the land is sugarcane lands and of the public land trust, as defined in section 10-2, the department of Hawaiian home lands and the office of Hawaiian affairs shall contract the services of one appraiser. The parties shall contract the services of the two appraisers within thirty days after the department gives written notice to the department of Hawaiian home lands, together with the office of Hawaiian affairs if the land is sugarcane lands and of the public land trust, of the proposed conveyance of the land to the Hawaii housing finance and development corporation.

If any party fails or refuses to contract the services of an appraiser, then the other party may petition the circuit court in the county where the land is located to appoint the other of the two appraisers. If the two appraisers are unable to agree on a fair market value, then within thirty days thereafter, the department and the department of Hawaiian home lands, together with the office of Hawaiian affairs if the land is sugarcane lands and of the public land trust, shall contract for the services of a mutually agreed upon third appraiser and the decision of the majority of the appraisers shall be final with respect to determination of the fair market value of the land. If the department and the department of Hawaiian home lands, together with the office of Hawaiian affairs if the land is sugarcane lands and of the public land trust, are unable to agree on the selection of the third appraiser, any party may petition the circuit court in the county where the land is located to appoint the third appraiser.

(c) The amount due to the department of Hawaiian home lands shall be due and payable by the State on the date of conveyance of the land to the Hawaii housing finance and development corporation. Payment to the department of Hawaiian home lands may be in the form of public lands or moneys. If payment is to be made in the form of public lands, the lands shall be mutually agreed upon by the department of land and natural resources and the department of Hawaiian home lands, and shall be of value comparable to the amount due to the department of Hawaiian home lands. Any monetary payment shall be an obligation of the Hawaii housing finance and development corporation. Any portion of that amount that is not paid on the date of conveyance shall be subject to simple interest annually, established pursuant to the fifteen year treasury rate at the time of the conveyance and payable annually by the State to the department of Hawaiian home lands.

(d) Thirty per cent of the revenue received by the Hawaii housing finance and development corporation from commercial, industrial, or other nonresidential use of the land shall be paid annually to the department of Hawaiian home lands; provided that:

(1) The department of Hawaiian home lands shall not receive payment under this subsection until the Hawaii housing finance and development corporation recovers all moneys previously paid to the department of Hawaiian home lands for that portion of land used for commercial, industrial, or other nonresidential purposes;

(2) If borrowed moneys are used to finance the development of land for commercial, industrial, or other nonresidential purposes, annual payments due to the department of Hawaiian home lands under this subsection shall be made pursuant to the following order of priority:

(A) The Hawaii housing finance and development corporation satisfies as a first priority the amount computed annually on the pro rata portion (not the total debt service over the life of the debt) of its total debt service on the borrowed moneys;

(B) The Hawaii housing finance and development corporation satisfies as a second priority its operating expense obligations directly incurred from the development and operating of land used for commercial, industrial, or other nonresidential purposes in an amount not exceeding one per cent of revenues; and

(C) After the first and second priorities are satisfied, the Hawaii housing finance and development corporation shall make annual payments due to the department of Hawaiian home lands under this subsection from any remaining revenues; and

(3) In the event of a sale of land used for commercial, industrial, or other nonresidential purposes, the department of Hawaiian home lands shall receive thirty per cent of the revenue received by the Hawaii housing finance and development corporation.

(e) This section shall only apply to the Hawaii housing finance and development corporation's developments known as the villages of Leali`i, Maui, and villages of La`i`opua, Hawaii. [L 1992, c 317, §1; am L 1997, c 350, §§14, 15; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2007, c 249, §12]
Haw. Rev. Stat. § 171-28 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-28
Government-owned Hawaiian fishponds; sale prohibition.
Status: in_force

(a) The board may investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve, and stock the fishponds; and expend moneys from the special land and development fund. All revenues derived from any government-owned Hawaiian fishpond shall be deposited in the fund.

(b) The board may lease government-owned Hawaiian fishponds with legislative authorization as provided under section 171-53(c); provided that in lieu of legislative authorization, the board may lease fishponds if:

(1) A public hearing is conducted on the proposed lease on the island where the fishpond is located;

(2) The board finds that the proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding area; and

(3) The proposed lease is not in violation of applicable federal, state, or county laws.

(c) For lease of a government-owned Hawaiian fishpond, the board shall find:

(1) That the applicant has provided a management plan demonstrating the use and knowledge of traditional native Hawaiian practices and protocols as the primary component of the applicant's tenancy, including kilo, kia`i loko, and uhau humu pōhaku (for rock walled fishponds); and

(2) The proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding areas.

(d) Any law to the contrary notwithstanding, the board may not sell the fee interest in public lands on which government-owned Hawaiian fishponds are located. [L 1962, c 32, pt of §2; Supp, §103A-28; HRS §171-28; am L 1994, c 69, §1; am L 2010, c 210, §1; am L 2024, c 124, §1]
Haw. Rev. Stat. § 200-30 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-30
Reciprocal agreements and courtesy.
Status: in_force

The department may enter into, amend, revise, suspend, or revoke reciprocal agreements or arrangements with appropriate and duly authorized agencies of other jurisdictions whereby vessels properly numbered and equipped under the laws and regulations of this State are granted the same or substantially similar privileges, exemptions, and benefits enjoyed by vessels properly registered and equipped in such other jurisdictions in exchange for substantially similar privileges, exemptions, and benefits granted to properly registered and equipped vessels from other jurisdictions by the State. The department by appropriate rules may define the extent and nature of privileges, exemptions, and benefits which may be extended, as a matter of courtesy, to vessels properly numbered and equipped in other jurisdictions not covered by reciprocal agreements or arrangements.

Notwithstanding the preceding language of this section, the department shall recognize the validity of a number awarded to any vessel by:

(1) Another state under a numbering system approved by the Coast Guard under appropriate federal laws and requirements; or

(2) By the Coast Guard, for a period of at least sixty days. [L 1991, c 272, pt of §2]