Haw. Rev. Stat. § 196-10.5 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-10.5
Hawaii clean energy initiative program.
Status: in_force

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

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

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

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

(4) A statewide clean energy public education and outreach plan to be developed in coordination with Hawaii's institutions of public education;

(5) Promotion of Hawaii's clean and renewable resources to potential partners and investors;

(6) A plan, to be implemented from 2011 to 2030, to transition the State to a clean energy economy; and

(7) A plan, to be implemented from 2011 to 2030, to assist each county in transitioning to a clean energy economy.

(b) Prior to the initiation of any activities authorized under subsection (a), the department of business, economic development, and tourism shall develop a plan of action with the intent of promoting effective prioritization and focusing of efforts consistent with the State's energy programs and objectives.

(c) The chief energy officer shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on the status and progress of new and existing clean energy initiatives. The report shall also include:

(1) The spending plan of the Hawaii clean energy initiative program;

(2) All expenditures of energy security special fund moneys; and

(3) The targeted markets of the expenditures, including reasons for selecting those markets, the persons to be served, specific objectives of the program, and program expenditures, including measurable outcomes. [L 2010, c 73, §8; am L 2024, c 55, §2]
Haw. Rev. Stat. § 185-5 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-5
Rates of pay for firefighting.
Status: in_force

Persons summoned by the administrator or a manager or by anyone authorized by the administrator or a manager for controlling or extinguishing a fire, within the meaning of this chapter, and who are eligible for compensation under this chapter, shall receive compensation at an hourly rate equivalent to the prevailing entry level rate of the civil service classification for the skill for which the person is called on to perform. The rental rates of equipment shall not exceed the prevailing interdepartmental rates for equipment of similar type as established by the department of accounting and general services and supplies or material expended shall be paid for at the actual cost of replacement.
Haw. Rev. Stat. § 196-103 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-103
[ §196-103] Exemptions.
Status: in_force

[ §196-103] Exemptions. This part shall not apply to a lamp:

(1) Used for image capture and projection, including photocopying; printing, directly or in preprocessing; lithography; film and video projection; and holography;

(2) That has a high proportion of ultraviolet light emission and is one of the following:

(A) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen;

(B) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers;

(C) A lamp used for disinfection or fly trapping from which either the radiation power emitted between two hundred fifty and three hundred fifteen nanometers represents at least five per cent of, or the radiation power emitted between three hundred fifteen and four hundred nanometers represents at least twenty per cent of, the total radiation power emitted between two hundred fifty and eight hundred nanometers;

(D) A lamp used for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers;

(E) A lamp used for coral zooxanthellae symbiosis from which the radiation power emitted between four hundred and four hundred eighty nanometers represents at least forty per cent of the total radiation power emitted between two hundred fifty and eight hundred nanometers; or

(F) Any lamp used in a sunlamp product. For the purposes of this subparagraph, "sunlamp product" has the same meaning as defined in title 21 Code of Federal Regulations section 1040.20(b)(9);

(3) Used for medical or veterinary diagnosis or treatment or used in a medical device;

(4) Used in pharmaceutical product manufacturing or quality control;

(5) Used for spectroscopy and photometric applications, such as ultraviolet-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared, Fourier transform infrared, medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring;

(6) Used by academic and research institutions exclusively for conducting research projects and experiments; or

(7) Used to replace a lamp in previously manufactured motor vehicles. [L 2023, c 225, pt of §2]
Haw. Rev. Stat. § 195-7 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-7
Powers and duties.
Status: in_force

The commission shall:

(1) Establish criteria to be used in determining whether an area is suitable for inclusion with the reserves system;

(2) Conduct studies of areas for possible inclusion within the reserves system;

(3) Recommend to the governor and the department areas suitable for inclusion within the reserves system;

(4) Establish policies and criteria regarding the management, protection, and permitted uses of areas which are part of the reserves system;

(5) Advise the governor and the department on any matter relating to the preservation of Hawaii's unique natural resources;

(6) Develop ways and means of extending and strengthening presently established preserves, sanctuaries, and refuges within the State;

(7) Advise the department and other public agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which are or may be appropriate for designation as natural area reserves; and

(8) In carrying out the above duties, consult the most comprehensive up-to-date compilation of scientific data on the communities of natural flora and fauna of Hawaii. [L 1970, c 139, pt of §1; am L 1987, c 350, §5]
Haw. Rev. Stat. § 171-79 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-79
Purchase of fee title by lessee.
Status: in_force

At any time after the requirement of construction of a residence upon the premises has been fulfilled and after ten years from the date of the issuance of the lessee's residential lease, any residential lessee who is financially able to purchase the fee title to the premises demised to the lessee by the lessee's residential lease may, if not in default under the terms of the lessee's lease, purchase the fee title at its fair market value determined as of the date of the exercise of the lessee's option to purchase. The fair market value shall be determined by appraisers and shall exclude the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the residential lease or to any mortgage made by the lessee. The patent or deed issued upon purchase shall state that within the ten-year period following the date of issuance of the patent or deed, the land or any interest therein shall not, without the written consent of the board of land and natural resources, be sold, leased, or otherwise transferred to any person disqualified under sections 171-74 and 171-75, except that the lessee may mortgage the premises and improvements, without the board's consent, to recognized lending institutions, which mortgage may be freely assigned by the mortgagee and the fee title sold to any person or corporation or agency of government at or after foreclosure.
Haw. Rev. Stat. § 180-15 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-15
Discontinuance of districts.
Status: in_force

At any time after five years after the organization of a district under this chapter, any occupiers of land representing twenty-five or more votes lying within the district may petition the department of land and natural resources to terminate the existence of the district. The department may conduct such meetings and hearings upon the petition as may be necessary and, within sixty days after the filing of such a petition, shall hold a referendum upon the proposal. All occupiers of lands within the district shall be eligible to vote in the referendum.

After such referendum the department shall determine whether the continued operation of the district is necessary or practicable and feasible. The department shall not have authority to determine in favor of the continued operation of the district unless a majority of the votes cast in the referendum were in favor of the continued operation. If the department determines in favor of the discontinuance of the district, it shall certify such determination to the district directors and to the lieutenant governor. The lieutenant governor shall issue to the directors a certificate of dissolution and record a copy of the certificate in the lieutenant governor's office. Upon receipt of the certificate the directors shall terminate the affairs of the district. The directors shall dispose of all property belonging to the district at public auction and pay over the proceeds into the state treasury, and render to the department, a full accounting of the properties and proceeds of the sale. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in the contracts. The department shall be substituted for the district as party to the contracts. The department shall not entertain petitions for the discontinuance of any district more often than once in five years. [L 1947, c 191, §9; RL 1955, §28-18; am L Sp 1959 2d, c 1, §§9, 22; am L 1961, c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-15; gen ch 1985]
Haw. Rev. Stat. § 174C-15.5 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-15.5
Administrative violation system.
Status: in_force

With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board is authorized to act, to process violations of chapter 174C or any rules adopted thereunder.
Haw. Rev. Stat. § 179D-9 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-9
Enactment of rules.
Status: in_force

The department shall adopt the necessary rules not later than one and one-half years after July 1, 2007.
Haw. Rev. Stat. § 196-70 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-70
] Severability.
Status: repealed

If any provision of this part is held to be invalid or is superseded, replaced, repealed, or expires for any reason :

(1) T hat occurrence shall not affect any action allowed under this part that is taken prior to that occurrence by the public utilities commission, an electric utility, the department , the authority , a bondholder, or any financing party, and a ny such action shall remain in full force and effect ; and

(2) The validity and enforceability of the rest of this part shall remain unaffected. [L 2013, c 211, pt of §2]
Haw. Rev. Stat. § 188-59 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-59
§§188-59 to 188-67 REPEALED.
Status: repealed

§§188-59 to 188-67 REPEALED. L 1981, c 85, §§68 to 76.
Haw. Rev. Stat. § 200-33 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-33
Future fee and charge increases or decreases.
Status: in_force

Notwithstanding section 200-32, all future fee and charge increases or decreases for vessels required to be registered and numbered pursuant to section 200-31 or for vessels owned by or operated under the custody of a boat manufacturer or boat dealer shall be established by rules adopted by the department pursuant to chapter 91. Fees and charges established pursuant to this section shall supersede the fees and charges set forth in section 200-32.
Haw. Rev. Stat. § 185-4 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-4
Payment for firefighting.
Status: in_force

(a) No federal or county agency summoned by the administrator or manager to assist in extinguishing a fire shall be reimbursed for expenses incurred in such firefighting unless specified by mutual aid agreement.

(b) No owner, lessee, or occupier of any lands upon which a fire has occurred, nor any employee of such persons, nor any person who has any vested interest in and to the lands or that person's employees shall be entitled to the compensation provided for in this chapter, for services and materials rendered in and upon the land in the extinguishment of any fire; provided that the prohibition shall not apply to owners or persons holding interests to any lands which have been surrendered to the department under agreement as a public forest reserve for a period of ten years or more or as a public hunting area for a period of five years or more or to any owner who suffered a fire as a result of allowing use of the owner's land by the general public without compensation.

(c) All reimbursable expenses incurred in controlling or extinguishing a fire by the administrator or a manager shall be payable from the firefighter's contingency fund, provided the fire suppression budget is exceeded, and the owner, lessee, or agency having control over the lands has not been negligent in starting or failing to control or extinguish a fire. Any person, agency, or corporation summoned by the administrator or a manager to assist in extinguishing a fire eligible under this chapter to claim for reimbursement for wages, equipment use, supplies, or materials must submit an itemized statement of such claims to the administrator through the manager within forty-five working days after the fire has been extinguished in order to have it honored.

(d) There shall be established under the control of the department a firefighter's contingency fund into which shall be deposited appropriations made by the legislature. [L 1953, c 100, §6; RL 1955, §19-54; am L 1957, c 98, §3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-4; am L 1974, c 64, pt of §1; am L 1978, c 93, §1; am L 1986, c 209, §1; am L 1993, c 161, §1; am L 1994, c 140, §5]
Haw. Rev. Stat. § 195D-4.7 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-4.7
[ §195D-4.
Status: in_force

[ §195D-4.7] Taking, harming, or killing a Hawaiian hawk; prohibited. Except as otherwise provided in section 183D-62, the intentional taking, harming, or killing of an `io, or Hawaiian hawk (Buteo solitarius), shall be subject to penalties under section 195D-9.
Haw. Rev. Stat. § 187A-14 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-14
Informer's fee.
Status: in_force

One-half of the fine imposed and collected in all cases wherein the defendant has been convicted for a violation of subtitle 5 of title 12 or any rule adopted thereunder shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply if the informer is a regular salaried sheriff, deputy sheriff, police officer, warden or constable, or officer or agent of the department.
Haw. Rev. Stat. § 174-2 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-2
Definitions.
Status: in_force

The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context:

"Acreage assessments" means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities.

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

"Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

"Land occupier" means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter.

"Leased land", "leasehold", and similar expressions wherever used in this chapter shall be deemed to include land subject to and held under lease or other tenancy, purchase or homestead agreement; "lease" wherever used herein means such lease, tenancy, purchase or homestead agreement; "lessor" wherever used herein includes the lessor, landlord, seller, or State as grantor of the homestead; and "lessee" wherever used herein includes the lessee, tenant, purchaser, or homesteader under such lease or other agreement, as the case may be.

"Project" means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers.

"Water facility" includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter.

"Water tolls" means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. [L 1961, c 166, pt of §3; Supp, §86-2; HRS §174-2; am L 1987, c 306, §4]
Haw. Rev. Stat. § 196D-8 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-8
Information services.
Status: in_force

The department shall:

(1) Operate a permit information and coordination center during normal working hours, which will provide guidance to potential applicants for the project with regard to the permits and procedures that may apply to the project; and

(2) Maintain and update a repository of the laws, rules, procedures, permit requirements, and criteria of agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and which have control or regulatory power over any aspect of the project and of federal agencies having jurisdiction over any aspect of the project. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 180-2 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-2
General powers and duties of department.
Status: in_force

The department of land and natural resources shall keep a record of its official actions and may perform acts and adopt rules as may be necessary for the execution of its functions under this chapter. It may call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3. It may delegate to any member, agent, or employee, powers and duties as it may deem proper. Upon request of the department, other agencies of the state government, insofar as available appropriations and resources will permit, shall assign staff members or personnel to the department, and make reports, surveys, or studies as the department may request.
Haw. Rev. Stat. § 183D-29 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-29
Agents to collect application fees and sell licenses.
Status: in_force

(a) The department may designate agents to collect hunting application fees and sell hunting licenses in accordance with this section. Agents shall report all collections of application fees and sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by the report. Wilful failure to make a report shall be cause for cancellation of the agency and upon the cancellation a full accounting and settlement for all applications and licenses shall be made forthwith. All fees collected including application fees shall be remitted to the department at the same time as the report of license sales is made. If the agents prepay for the licenses, then the fees collected shall be retained by the agents, rather than remitted to the department.

(b) Agents shall receive ten per cent of the value of application fees collected and licenses sold. All reports on application fee collections and license sales shall be made on forms supplied by the department. The duly authorized agents of the department may administer oaths as required in license applications. Chapter 40 shall not apply to the agents. [L 1985, c 174, pt of §4; am L 1987, c 160, §1; am L 1988, c 12, §3]
Haw. Rev. Stat. § 200-23 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-23
Definitions.
Status: in_force

As used in this part unless the context otherwise requires:

"Boat dealer" means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels.

"Boating accident" means any occurrence involving a vessel or its equipment that results in:

(1) The death of a person;

(2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

(3) Damage to the vessel and other property totaling more than $200; or

(4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury.

"Boat livery" means the business of holding out vessels for rent, lease, or charter.

"Boat manufacturer" means a person engaged in:

(1) The manufacture, construction, or assembly of boats or associated equipment;

(2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

(3) The importation into the United States for sale of boats, associated equipment, or components thereof.

"Certificate" means certificate of number for an undocumented vessel.

"C.F.R." means the Code of Federal Regulations.

"Coast Guard" means the Coast Guard of the United States, or its successor agency.

"Commercial high speed boating" means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. "Commercial high speed boating" does not include:

(1) The use of an open ocean racing boat during an official racing competition; or

(2) The use of an open ocean racing boat while practicing for racing competition; provided that no passenger pays compensation for riding the boat during the practice.

"Federal laws and requirements" means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part.

"Length" means the measurement of a vessel from end to end over the deck.

"Open ocean racing boat" means a motorized vessel which:

(1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and

(2) Has the capacity to carry not more than the operator and five passengers.

"Operate" means to navigate or otherwise use a vessel on or in the waters of the State.

"Operator" means a person who operates, or who has charge of the navigation or use of, a vessel.

"Parasailing" means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel.

"Person" means an individual, partnership, firm, corporation, association, or other legal entity.

"Recreational vessel" means any vessel that is being used for pleasure.

"State" means the State of Hawaii.

"Thrill craft" means any motorized vessel that falls into the category of personal watercraft, and which:

(1) Is generally less than thirteen feet in length as manufactured;

(2) Is generally capable of exceeding a speed of twenty miles per hour;

(3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

(4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design.

The term includes, but is not limited to, a jet ski, waverunner, wet bike, surf jet, miniature speed boat, hovercraft, and every description of vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind the vessel.

"Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

"Undocumented vessel" means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States.

"Vessel" means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane.

"Water sledding" means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. If the apparatus is round with a hollow center, the width shall be measured as a straight line:

(1) Starting from a point on the outer edge of the apparatus;

(2) Bisecting the hollow center; and

(3) Ending at the farthest point on the opposite outer edge.

"Waters of the State" means any waters within the jurisdiction of the State, the marginal seas adjacent to the State, and the high seas when navigated as part of a journey or ride to or from the shores of the State. [L 1991, c 272, pt of §2; am L 1992, c 172, §1; am L 1995, c 140, §1 and c 165, §§2, 3]
Haw. Rev. Stat. § 189-11 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-11
Receipts in duplicate.
Status: in_force

Every commercial marine dealer shall issue receipts to the person from whom marine life is obtained and shall provide the following information in the receipt:

(1) The date of the issuance;

(2) The name of the person to whom the receipt is issued;

(3) The following information with respect to each of the varieties of marine life as the department shall require including:

(A) The weight in pounds of each of the varieties received;

(B) The numbers of marine life when they average a pound or more; and

(C) The price per pound paid; and

(D) With regard to aquarium fish, regardless of weight, the number and species of the fishes; and

(4) The signature of the dealer who issues the receipt.

Any dealer taking the dealer's own marine life or handling any marine life taken by commercial marine licensees working for or with the dealer, shall make out the same receipt, giving market price for the marine life as prevails on the date of receipt. A duplicate copy of this receipt shall be kept on file at the premise where the marine life was sold by the dealer issuing the same for a period of twelve months from the date of issuance, and the duplicate copy shall be available for inspection upon the demand of any conservation officer authorized to enforce the laws of the State. [L 1925, c 202, §2; am L 1929, c 115, §2; RL 1935, §381; RL 1945, §1266; am L 1945, c 24, §2; RL 1955, §21-123; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-11; am L 1981, c 85, §85; gen ch 1985; am L 1986, c 2, §2; am L 1997, c 307, §2]
Haw. Rev. Stat. § 194-5 — HI Code / Division 1 / Title 12 / Chapter 194 / Section 194-5
[Entry; private property.
Status: in_force

§194-5 [Entry; private property.] (a) Whenever any invasive species identified by the council for control or eradication is:

(1) Found on private property; or

(2) Reasonably suspected to be on private property, based on the results of systematic surveys or reports or proximity to known populations,

regardless of whether the presence of the invasive species is due to natural dispersal from neighboring or nearby properties or to intentional establishment by the owner, tenant, or occupant of the property, a department or applicable county, or its employees or authorized agents may enter the premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to the court order in subsection (d).

(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State. If the owner resides out of the State or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.

(c) The department or applicable county, or its employees or authorized agents may instead cause notice to be given, and order the owner to control or eradicate the invasive species, if the species was intentionally and knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within a reasonable time as the department or county may deem proper, pursuant to the notice requirements of this section.

(d) If the owner thus notified fails to comply with the order of the department, the applicable county, or its employee or authorized agent, within the time specified by the department or county, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable subsection (b), the department, the applicable county, or its employee or authorized agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member, county employee, or agent in gaining entry onto the premises, and executing measures to control or eradicate the invasive species.

(e) The department or applicable county may recover by appropriate proceedings the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the department's or county's order.

(f) In no case shall the department, the county, or any officer, employee, or authorized agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter. [L 2003, c 85, §6; am L 2004, c 10, §16; am L 2006, c 109, §2; am L 2017, c 182, §3; am L 2019, c 197, §2]
Haw. Rev. Stat. § 179-4 — HI Code / Division 1 / Title 12 / Chapter 179 / Section 179-4
Powers, duties, and jurisdiction of the board.
Status: in_force

In addition to those powers and responsibilities of the board of land and natural resources established by existing law, the board is authorized to implement the declared purposes of this chapter with regard to flood control and flood water conservation in the following manner:

(1) Coordinate the programs and activities of all agencies of the State, in conformance with the objectives of the statewide flood control program.

(2) Compile, evaluate, interpret, and disseminate information for technical use and for the general information and education of the people of the State.

(3) Render technical assistance to the political subdivisions and other agencies of the State only upon request of the affected agencies in matters of master planning, zoning, qualifying for, and constructing federal and state flood control projects, the training of flood fighting units, and related flood control activities.

(4) With regard to federal flood control projects:

(A) Review plans submitted by federal agencies for state approval and make appropriate recommendations to the governor;

(B) Formulate and recommend to the legislature a general policy for state participation with the political subdivisions in the assurances of local cooperation required by federal flood control acts;

(C) Review requests from political subdivisions for financial assistance in meeting local participation requirements and make appropriate recommendations to the legislature; and

(D) Execute and administer agreements with political subdivisions to implement state assurances of participation in federal flood control projects.

(5) For meritorious proposed projects which do not meet feasibility standards for federal flood control projects:

(A) Formulate state feasibility criteria and project funding procedures;

(B) Study, evaluate, and determine the feasibility of proposed projects in accordance with established criteria and make recommendations to the legislature;

(C) Execute and administer agreements with political subdivisions to assure compliance with the conditions of state projects; and

(D) Design, prepare plans and specifications, obtain bids, let contracts, and supervise the construction of state flood control works.

(6) With regard to projects initiated and financed entirely by political subdivisions, render coordination and aid only if requested by the respective agencies.

(7) With regard to state ownership of drainageways, coordinate the resolution of drainageway maintenance problems with the appropriate state agency or agencies.

(8) With regard to multiple jurisdiction of drainageways, the board shall coordinate the resolution of drainageway maintenance problems with all affected political subdivisions.

(9) With regard to certain streambeds, streambanks, and drainageways whose ownership is not claimed nor determined, the board shall coordinate the resolution of streambed, streambank, and drainageway maintenance problems with the appropriate state agency or agencies.

(10) The board may promulgate rules to implement this chapter. [L 1961, c 34, §4; am L 1963, c 148, pt of §1; Supp, §87C-4; HRS §179-4; am L 1986, c 121, §3]
Haw. Rev. Stat. § 174C-27 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-27
Issuance of certificate.
Status: in_force

(a) When a declaration has been filed in accordance with this section and the commission has determined that the use declared is a reasonable, beneficial use, the commission shall issue a certificate describing the use. The certificate shall be deemed to constitute a description of the use declared. With respect to certificates for water use, the confirmed usage shall be recognized by the commission in resolving claims relating to existing water rights and uses including appurtenant rights, riparian and correlative use.

(b) The commission shall hold a hearing upon the request of any person adversely affected by the certification or the refusal to certify any water use.

(c) Whenever a certified use of water is terminated, the owner of the certificate shall file a report with the commission, providing all information prescribed in the rules of the commission. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 182-9 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-9
Deposit; first year's rental.
Status: in_force

All bidders shall prior to the date of public auction post with the board of land and natural resources a deposit of $500. The board shall refund to unsuccessful bidders such amount within two days after the auction. All bidders, prior to the auction, shall satisfy the board of their financial ability to conduct mining operations and of their capability to develop a mine. The successful bidder shall pay to the board the amount of the first year's rental within two days after the acceptance of the bid by the board and the $500 deposit shall be credited against such sum. If the deposit exceeds the first year's rental, the excess shall be refunded. All rentals thereafter are payable in advance once a year.
Haw. Rev. Stat. § 174C-54 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-54
Competing applications.
Status: in_force

If two or more applications which otherwise comply with section 174C-49 are pending for a quantity of water that is inadequate for both or all, or which for any other reason are in conflict, the commission shall first, seek to allocate water in such a manner as to accommodate both applications if possible; second, if mutual sharing is not possible, then the commission shall approve that application which best serves the public interest.
Haw. Rev. Stat. § 196D-12 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-12
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.
Haw. Rev. Stat. § 174C-47 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-47
Modifying and rescinding designated areas.
Status: in_force

The modification of the boundaries or the rescinding of existing water management areas by the commission may be initiated by the chairperson or by a petition to the commission by any person with proper standing. The procedure for modifying the boundaries of an existing water management area or for rescinding an existing water management area shall be substantially similar to that for the designation of a water management area.
Haw. Rev. Stat. § 179D-30 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-30
Dam and reservoir owners; general requirements and responsibilities.
Status: in_force

Dam and reservoir owners subject to regulation under this chapter shall, among other general requirements and responsibilities:

(1) Maintain an operation and maintenance plan, including an owner or operator, as the case may be, inspection and monitoring program, with written, regularly scheduled reports to the board, to maintain and keep the structure, its appurtenant works, and access in the state of repair and operating condition required by the exercise of due care, with regard for the safety of persons or property, sound and accepted engineering principles, and the rules adopted by the board;

(2) Establish an emergency action plan for high and significant hazard potential dams and reservoirs and provide this plan to the board, state and county emergency management agencies, and other necessary parties, with regard for the safety of persons or property, sound and accepted engineering principles, and the rules adopted by the board;

(3) Cooperate with the board's agents, engineers, and employees in carrying out this chapter;

(4) Facilitate access by any necessary state agencies or authorized representative, to the dam, reservoir, or appurtenances. Access by a four-wheeled-drive vehicle to the dam or reservoir site, and appurtenances if required by the board, shall be maintained at all times; provided that if vehicular access to the dam or reservoir site cannot be maintained during periods of inclement weather, the dam or reservoir owner for high and significant hazard potential dams or reservoirs shall have redundant early warning systems in place, as approved by the board; and

(5) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the dam and reservoir structure and appurtenances as indicated in this chapter. [L 2007, c 262, pt of §1; am L 2014, c 111, §28]
Haw. Rev. Stat. § 196D-13 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-13
Exemptions from certain state laws.
Status: in_force

In order to promote the purposes of this chapter, all persons hired by the department to effectuate this chapter are excepted from chapters 76 and 89.
Haw. Rev. Stat. § 200-34 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-34
Disposition of revenues.
Status: in_force

All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, and 200-32, and all fees and penalties established by rules adopted pursuant to sections 200-4 and 200-24, shall be deposited in the boating special fund.
Haw. Rev. Stat. § 196-62 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-62
Hawaii green infrastructure loan program.
Status: in_force

There is established a Hawaii green infrastructure loan program, which shall be a loan program as defined under section 39-51. The program shall be administered by the authority on behalf of the department in a manner consistent with chapter 39, part III. This loan program may include loans made to government entities and private entities, whether corporations, partnerships, limited liability companies, or other persons, which entities may lease or provide green infrastructure equipment to electric utility customers, as well as direct loans to electric utility customers, on terms approved by the authority.
Haw. Rev. Stat. § 181-2 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-2
Powers of board.
Status: in_force

(a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The board shall also have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead.

(b) The board on its own motion whenever it has reason to believe cause therefor exists may, and upon the sworn complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension, revocation, or cancellation of a permit, shall investigate the acts or omissions of any person holding or claiming to hold a permit under this chapter or any acts or omissions of any person constituting a violation of this chapter.

(c) The board may enter upon the lands of any operator at any time for the purpose of inspection to determine whether this chapter has been complied with. For such purpose the board shall have access to all parts of the land upon which the pit is located and may use any right-of-way or easement available to the operator over any adjoining land.

(d) This chapter shall apply to the public lands of the State to the extent that they are not inconsistent with the laws of Hawaii relating to public lands. Nothing contained in this chapter shall be construed to limit, restrict, or otherwise affect the powers of the board over the public lands of the State as provided by the laws of Hawaii relating to public lands.

(e) Notwithstanding any act relating to forest reserves and water reserves, this chapter shall apply to mineral lands in such reserves. No act hereafter approved shall be deemed to repeal any provision of this chapter unless so specifically provided. [L 1957, c 161, §3; am L 1959, c 20, §2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-3; HRS §181-2]
Haw. Rev. Stat. § 182-18 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-18
Geothermal royalties.
Status: in_force

(a) The board shall fix the payment of royalties to the State for the utilization of geothermal resources at a rate which will encourage the initial and continued production of such resources. With respect to all geothermal mining leases previously issued or to be issued, where the board determines that it is necessary to encourage the initial or continued production of geothermal resources, the board shall have the authority to waive royalty payments to the State for any fixed period of time up to but not exceeding eight years.

(b) The board shall adopt, amend, or repeal rules pursuant to chapter 91 to establish the basis upon which the amount and duration of royalty payments to the State will be fixed or waived. The board's assessment of each application shall include, but not be limited to, the examination of such factors as the progress of geothermal development taking place in the State at the time of the application, the technical and financial capabilities of the applicant to undertake the project, and the need for providing a financial incentive in order for the applicant to proceed. The granting of any favorable terms to an applicant for the payment of royalties under this section may be revoked by the board if the applicant fails to satisfy any of the terms and conditions established by the board, or if the applicant wholly ceases operations and for reasons other than events which are outside the control of the parties and which could not be avoided by the exercise of due care by the parties.

(c) The board shall submit a written report of all geothermal royalty dispositions to the legislature in accordance with section 171-29. [L 1985, c 138, §1]
Haw. Rev. Stat. § 199-4 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-4
Board of land and natural resources, police powers.
Status: in_force

(a) The board of land and natural resources shall have police powers and may appoint and commission enforcement officers within the conservation and resources enforcement program. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer, including the power of arrest, and in addition to enforcing title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, may enforce all other state laws and rules, and county ordinances within all lands and waters of the State; provided that such powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when such employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty will be the enforcement of title 12, chapters 6D, 6E, and 6K, and the rules adopted thereunder within the areas under the jurisdiction of the department of land and natural resources.

(b) An enforcement officer, upon arresting any person for violation of title 12, chapter 6D, 6E, or 6K, or any rule adopted thereunder, may immediately take the person arrested to a police station or before a district judge, or take the name, address, and the number of the fishing, hunting, or other licenses or permits, if any, of the person, and note the violation of the law or rule by the person, and issue the person a summons or citation, printed in the form described in section 199-5, warning the person to appear and to answer to the charge against the person at a certain place and time within seven days after the arrest. Any person failing to obey a summons issued pursuant to this section shall be subject to section 199-6. [L 1978, c 171, pt of §1; am L 1981, c 226, §1; am L 1982, c 147, §10; gen ch 1985; am L 2004, c 142, §11]
Haw. Rev. Stat. § 173-3 — HI Code / Division 1 / Title 12 / Chapter 173 / Section 173-3
Authorization of revenue bonds.
Status: in_force

The department of land and natural resources may issue, as provided by part III of chapter 39, revenue bonds in a total amount not exceeding $25,000,000 to finance in whole or in part the costs of construction of new land areas under this [chapter], and other costs as provided in section 173-1.
Haw. Rev. Stat. § 190D-34 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-34
Penalties.
Status: in_force

Any person who conducts any mariculture or OTEC activities prohibited by a lease granted by the board, or who conducts these activities in or upon state marine waters without having obtained the approval of the board, shall be fined not more than $10,000 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
Haw. Rev. Stat. § 183D-3 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-3
Rules.
Status: repealed

(a) Subject to chapter 91, the department shall adopt, amend, and repeal rules that may include but are not limited to rules:

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

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

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

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

(5) Imposing any other restriction or requirement as deemed necessary by the department to implement the purposes of this section.

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

(b) Notwithstanding any law to the contrary, the board may adopt, amend, or repeal any rule pertaining to bag limits, size limits, open or closed hunting seasons, or gear restrictions by formal board action at a publicly noticed meeting; provided that:

(1) The board finds that the timely adoption, amendment, or repeal of the rule is necessary to implement effective and adaptive management measures:

(A) In response to rapidly changing resource conditions;

(B) In response to impacted natural resources;

(C) In light of newly available technology; or

(D) In light of newly available data;

(2) Notice of the rulemaking shall:

(A) Be given at least once statewide at least thirty days in advance of the public meeting;

(B) Include a statement of the topic of the proposed rule to be adopted, amended, or repealed or a general description of the subjects involved;

(C) Include a statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy and pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;

(D) Include a statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed;

(E) Include the date, time, and place where the public meeting will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; and

(F) Be mailed to all persons who have made a timely written request of the board for advance notice of its rulemaking proceedings; and

(3) The adoption, amendment, or repeal of the rule shall be effective for an initial period of no longer than two years, subject to legislative approval and renewal by the board; provided that renewal by the board shall extend for up to one year at a time.

Each rule hereafter adopted, amended, or repealed under this subsection shall become effective ten days after formal action by the board; provided that if a later effective date is specified in the rule, the later date shall be the effective date. The department shall post the final adopted, amended, or repealed rule on its website for the duration of time that the rule is in effect.

Any rule established by action of the board pursuant to this subsection shall have the force and effect of law. Any person who violates any rule established by the action of the board pursuant to this subsection shall be subject to administrative penalties as provided by section 183D-12. [L 1985, c 174, pt of §4; am L 1988, c 12, §1; am L 2021, c 49, §2; am L 2024, c 223, §1]
Haw. Rev. Stat. § 171-44 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-44
Lease for recreation-residence use.
Status: in_force

(a) Notwithstanding any limitations to the contrary, the board of land and natural resources shall lease, by public lottery and without recourse to public auction, lands within a state park or forest reserve and other lands set aside under executive orders, for recreation-residence use for a period not to exceed twenty years on terms and conditions as may be prescribed by the board; provided that:

(1) A lessee determined to be in good standing by the board at the expiration of the lessee's lease may directly negotiate with the board to renew the lease for an additional term not to exceed twenty years;

(2) The annual rent for any renewed lease shall be adjusted by the board to reflect changes to the implicit price deflator for the gross domestic product as published by the Bureau of Economic Analysis, applied on a five-year rolling average; and

(3) A lessee shall notify the board in writing no less than sixty days before the termination of the lease if the lessee intends to renew the lease.

(b) The board of land and natural resources shall enforce all provisions of recreation-residence use lease agreements and shall establish a schedule of penalties and fines for any breach of the provisions of a recreation-residence use lease agreement unless penalties and fines are specified in the lease agreement.

(c) Recreation-residence use leases offered by public lottery shall be:

(1) Offered at fair market value, to be determined by appraisal pursuant to section 171-17;

(2) Limited to one person per recreation-residence; provided that if two or more lessees intend to jointly reside in the same recreation-residence, only one lessee may enter the public lottery; and

(3) For vacant recreation-residences, offered within twelve months of the recreation-residence becoming vacant.

(d) The board shall limit participation in the public lottery of recreation-residence use leases to residents of the same county in which the land to be leased is located; provided that limiting participation in the public lottery to residents of the county will be for the benefit of the residents of the county; ensure premises leased will be properly maintained by the lessee; and preserve the environmental, cultural, and scenic values of the leased premises. If the number of county residents participating in the public lottery is fewer than the number of leases available, the board shall open the public lottery to all residents of the State, followed by nonresidents.

(e) Any transfer or assignment of a recreation-residence use lease shall be subject to a fee of $1,200, to be paid to the board. The board shall annually increase or decrease the fee to reflect changes to the implicit price deflator for the gross domestic product as published by the Bureau of Economic Analysis, applied on a five-year rolling average. [L 1965, c 239, §38; Supp, §103A-42.8; HRS §171-44; am L 2008, c 223, §4; am L 2025, c 225, §4]

Revision Note

Subsection (b) is codified to this section pursuant to §23G-15.
Haw. Rev. Stat. § 188-39.5 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-39.5
Rays; h īh īmanu; hāhālua; hailepo; lupe; prohibitions, penalties, and fines.
Status: in_force

(a) Except as provided in subsection (e), no person shall knowingly capture, take, possess, abuse, or entangle a ray, whether alive or dead, or kill any ray, within state marine waters.

(b) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor and shall be fined:

(1) $500 for a first offense;

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

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

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

(1) An administrative fine of not more than $10,000 for each ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section;

(2) Seizure and forfeiture of any captured rays, commercial marine license, vessel, and fishing equipment; and

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

(d) The criminal penalties and administrative fines and costs shall be assessed per ray captured, taken, possessed, abused, or entangled, whether alive or dead, or killed in violation of this section.

(e) This section shall not apply to special activity permits allowed under section 187A-6 or research permits authorized by law; provided that the permit issued does not allow a take that exceeds the potential biological removal level; and provided further that the department shall adopt rules pursuant to chapter 91 to define a "take" and determine when a take exceeds the potential biological removal level.

(f) 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 state constitution.

(g) For the purposes of this section, "ray" means any species of ray within the subclass elasmobranchii. [L 2009, c 92, §2; am L 2019, c 252, §1]
Haw. Rev. Stat. § 174-8 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-8
Investment of funds.
Status: in_force

The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
Haw. Rev. Stat. § 196D-3 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-3
Definitions.
Status: in_force

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

"Agency" means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project.

"Applicant" means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project.

"Approval" means a discretionary consent required from an agency prior to the actual implementation of the project.

"Department" means the department of land and natural resources or any successor agency.

"Discretionary consent" means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent.

"Environmental impact statement" means, as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190).

"Interagency group" means the body established pursuant to section 196D-6.

"Permit" means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project.

"Person" includes any individual, partnership, firm, association, trust, estate, corporation, joint venture, consortium, any public corporation or authority that may be established by the legislature for the purposes of the project, or other legal entity other than an agency.

"Project" means the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:

(1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and

(2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 199D-1 — HI Code / Division 1 / Title 12 / Chapter 199D / Section 199D-1
Civil natural resource violations system authorization.
Status: in_force

(a) There is established, within the department of land and natural resources, a civil natural resource violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.

(b) The department shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this chapter.

(c) The rules may include, but are not limited to, the following:

(1) Notice of natural resource infraction;

(2) A form of the answer that shall be made pursuant to a notice of natural resource infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;

(3) The action to be taken after an answer is received or when a person fails to answer the notice of natural resource infraction;

(4) Administrative hearings under this chapter;

(5) The imposition and enforcement of monetary assessments made pursuant to this chapter; and

(6) Means of assuring that the alleged violator who answers the notice of natural resource infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the civil natural resource violations system and waive the appeal provided for in section 91-14. [L 2004, c 142, pt of §2]
Haw. Rev. Stat. § 174C-12.5 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-12.5
Contested cases; appeals.
Status: in_force

[§174C-12.5 Contested cases; appeals.] (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.

(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, §§1, 14; am L 2019, c 213, §1]
Haw. Rev. Stat. § 173A-10 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-10
Proceeds of sale, lease, or other disposition.
Status: in_force

Whenever any such land is sold by any state agency, county, or nonprofit land conservation organization, that portion of the net proceeds (sale price less actual expenses of sale) of such sale equal to the proportion that the grant by the State bears to the original cost of the land or other property shall be paid to the State. In the event any such land or other property is leased, rented, or otherwise disposed of, that portion of the rental or proceeds equal to the proportion that the grant by the State bears to the original cost of the land or other property shall be paid to the State. Any proceeds received by the State pursuant to this section that were originally paid out of the fund pursuant to section 173A-9 shall be redeposited in or credited to the fund. This section shall not apply to rents of property protected by permanent conservation easements established by grants from the fund.
Haw. Rev. Stat. § 200-7 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-7
Waiver of mooring charges.
Status: in_force

The department shall waive the mooring charge for:

(1) Any and all sea scout craft using moorings belonging to or controlled by the State, when moorings are available as determined by the department; provided that the craft are owned and used exclusively for the purpose of regular organized sea scout groups; and

(2) Any and all sailing school vessels. [L 1991, c 272, pt of §2; am L 1996, c 188, §4]
Haw. Rev. Stat. § 189-5 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-5
Aliens not admitted to United States.
Status: in_force

It is unlawful for any person who has not been lawfully admitted to the United States to engage in taking marine life for commercial purposes in the waters of the State. The term "United States" as used in this section, includes the several states and the territories and possessions of the United States.
Haw. Rev. Stat. § 173A-11 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-11
General powers.
Status: in_force

In carrying out its functions under this chapter the board may do all things necessary, useful, and convenient in connection with the acquisition, administration, maintenance, and management of lands having value as a resource to the State, subject to all applicable laws, and may provide any necessary assistance to any county in the acquisition of land having value as a resource to the State. The authority to acquire land which is conferred by this chapter is in addition and supplemental to any authority to acquire land which is conferred on the board by any other chapter.
Haw. Rev. Stat. § 171-33 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-33
Planning; generally.
Status: reserved

Prior to any notice of intended disposition, the board of land and natural resources shall:

(1) Classify the land according to its use or uses as provided in this chapter;

(2) Determine the specific use or uses for which the disposition is intended;

(3) Parcel land into units of minimum size areas related to the intended specific use or uses and sufficient for an economic operation, hereinafter called an "economic unit";

(4) Determine the requirements for the construction of building or other improvements, which are necessary or desirable to encourage the highest use of the land;

(5) Determine the upset price or lease rental, based upon the fair market value of the land employed to the specific use or uses for which the disposition is being made, with due consideration for all of the terms and conditions of the disposition;

(6) Determine the necessary conditions of disposition which will discourage speculation;

(7) In the case of leases, determine the minimum tenure necessary to support the intended use or uses and the necessity for periodic rent openings in long-term leases to assure the State a fair return;

(8) Prepare the proposed documents and make them available for public inspection;

(9) Determine, two years before the expiration of the term of any lease, whether the premises are to be demised for the same use or uses under a new lease or whether all or any part thereof is to be reserved for other use or uses and then promptly notify the lessee of the determination. [L 1962, c 32, pt of §2; am L 1965, c 239, §16; Supp, §103A-33; HRS §171-33]
Haw. Rev. Stat. § 187A-6 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-6
Special activity permits.
Status: in_force

(a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the powers and duties as described by section 187A-2; subject to chapter 195D. The department shall consider using chemicals or electrofishing devices only when it has determined that no other reasonable alternative would be appropriate. The application of chemicals or operation of electrofishing devices shall be in accordance with established procedures and with the proper training to ensure that the intended results are achieved.

(b) Notwithstanding the provisions of any other law, the department may issue permits, not longer than one year in duration, to any person to take aquatic life, possess or use fishing gear, or engage in any feeding, watching, or other such non-consumptive activity related to aquatic resources, otherwise prohibited by law, in any part of the State, for scientific, educational, management, or propagation purposes, subject to chapter 195D and subject to those restrictions the department deems desirable. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

(c) The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d) For the purposes of this section, unless the context clearly indicates otherwise:

"Fishing gear" means any device, including the use of any chemical or electricity that is either designed to take aquatic life or could be used to take aquatic life. [L 1985, c 94, pt of §1; am L 1991, c 160, §3; am L 1992, c 96, §1; am L 2002, c 96, §1]
Haw. Rev. Stat. § 189-3 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-3
Monthly catch report.
Status: in_force

(a) Upon the demand of the department, every commercial marine licensee shall furnish to the department a report or reports with respect to the marine life taken and any other information the department may require for the purposes of this section.

(b) Any information submitted to the department by any person in compliance with any requirement under this section shall be confidential and shall not be disclosed, except when required under court order or pursuant to subpoena issued by the department of the attorney general, or with the prior written consent of the person submitting the information, or under cooperative agreements with government agencies of the United States for exchange and use of the information specifically to manage marine life. The department, by rule, may establish procedures necessary to preserve the confidentiality, except that the department may release or make public any of the information in the aggregate or summary form which does not directly or indirectly disclose the identity of any person who submits information. [L 1929, c 187, §4; RL 1935, §333; RL 1945, §1258; am L 1947, c 39, §3; am L 1949, c 272, §3; am L 1955, c 96, §4; RL 1955, §21-112; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §189-3; am L 1981, c 85, §80; am L 1985, c 113, §1; am L 1999, c 9, §2]
Haw. Rev. Stat. § 174C-16 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-16
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 187A-12 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-12
University of Hawaii may use land, etc.
Status: in_force

The University of Hawaii shall have the privilege, free of charge, of using the land, buildings, apparatus, and appliances of the department for the purposes of a biological laboratory and for research and investigation in connection therewith, so far as the same can be done without material interference with the use of the same as an aquatic life propagation station or for other aquatic-resources activities. The university shall render to the department, in return therefor, such assistance as is reasonably practicable, in connection with the aquatic life propagation station or for other aquatic-resources activities, and as may be mutually agreed upon.
Haw. Rev. Stat. § 183C-6 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-6
Permits and site plan approvals.
Status: in_force

(a) The department shall regulate land use in the conservation district by the issuance of permits.

(b) The department shall render a decision on a completed application for a permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the owner may automatically put the owner's land to the use or uses requested in the owner's application. When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, the one hundred eighty days shall be extended an additional ninety days beyond the time necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the applicant shall be subject to the approval of the board.

(c) The department shall hold a public hearing in every case involving the proposed use of land for commercial purposes, at which hearing interested persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the hearing shall be given at least once statewide and in the county in which the property is located. The notice shall be given not less than twenty days prior to the date set for the hearing. The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or hearings, the department shall have the power to summon witnesses, administer oaths, and require the giving of testimony. As used in this subsection, the term "commercial purposes" shall not include the use of land for utility purposes.

(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.

(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2. [L 1994, c 270, pt of §1; am L 1995, c 177, §4; am L 1998, c 2, §50; am L 2016, c 216, §1]
Haw. Rev. Stat. § 171-26 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-26
Rights-of-way to the sea, game management areas, and public hunting areas.
Status: in_force

Prior to the disposition of any public lands, the board of land and natural resources shall lay out and establish over and across such lands a reasonable number of rights-of-way from established highways to the public beaches, game management areas, public hunting areas, and public forests and forest reserves in order that the right of the people to utilize the public beaches, game management areas, public hunting areas, and public forests and forest reserves shall be protected.

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

The cost of such 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 such lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §14; Supp, §103A-26; HRS §171-26; am L 1970, c 83, §2; am L 1981, c 116, §5]
Haw. Rev. Stat. § 188F-6 — HI Code / Division 1 / Title 12 / Chapter 188F / Section 188F-6
Rules.
Status: in_force

The department shall adopt rules to effectuate the purposes of this chapter in accordance with chapter 91.
Haw. Rev. Stat. § 171-134 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-134
Industrial park development.
Status: in_force

(a) The department may develop an area of public lands as an industrial park. Any development shall commence after designation of the area of public lands as an industrial park in accordance with section 171-132. Planning activities for the proposed or potential designation of an industrial park may precede a designation.

(b) At the option of the board, the development of an industrial park shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivision development and improvement of land, and the construction of buildings thereon; provided that:

(1) The board finds that the industrial park meets the minimum requirements of health and safety;

(2) The development of the industrial park does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;

(3) The legislative body of the county in which the industrial park is proposed to be situated approves the industrial park.

(A) The legislative body shall approve or disapprove the industrial park within forty-five days after the department has submitted preliminary plans and specifications for the industrial park to the legislative body. If after the forty-fifth day, an industrial park is not disapproved, it shall be deemed approved by the legislative body.

(B) No action shall be prosecuted or maintained against any county, its officials, or employees, on account of actions taken by them in reviewing, approving, or disapproving the plans and specifications.

(C) The final plans and specifications for the industrial park shall be deemed approved by the legislative body if the final plans and specifications for the industrial park do not substantially deviate from the preliminary plans and specifications. The determination that the final plans and specifications do not substantially deviate from the preliminary plans and specifications of the industrial park shall rest with the board. The final plans and specifications for the park shall constitute the planning, zoning, building, improvement, construction, and subdivision standards for that industrial park. For the purposes of sections 501-85 and 502-17, the chairperson of the board or the responsible county official may certify maps and plans of land connected with the industrial park as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and such maps and plans shall be accepted for registration or recordation by the land court and registrar; and

(4) The board shall assume the responsibility of all infrastructure within the industrial park, if the infrastructure developed is exempt from applicable county ordinances, charter provisions, and rules.

(c) If the board does not exercise the option under subsection (b), the board shall develop an industrial park in compliance with the statutes, ordinances, charter provisions, and rules of applicable government agencies. [L 1988, c 361, pt of §1]
Haw. Rev. Stat. § 171-81 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-81
Surrender of lease.
Status: in_force

If at any time the lessee desires to surrender the lessee's lease and improvements, the board of land and natural resources may accept the surrender and purchase the improvements for their fair market value, as determined by appraisers, with funds from the special land and development fund, provided the board has a firm offer from a person, who is qualified to take the residential lease under this part, to take the lease and purchase the improvements for not less than the amount to be paid therefor by the board and who has a commitment from a recognized lending institution to finance the purchase. Upon acceptance of the surrender and purchase of the improvements, the board shall sell the improvements to that person and make a new lease to the person.
Haw. Rev. Stat. § 196D-14 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-14
Development of geothermal resources on Maui.
Status: in_force

To the extent an applicant's proposed project includes the development of geothermal resources on the island of Maui and the delivery of electric energy generated from these resources to the island of Oahu through the cable system, this chapter shall apply to that proposed project.
Haw. Rev. Stat. § 183D-65 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-65
Posting; destruction of predators.
Status: in_force

(a) On any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the department, predators deemed harmful to wildlife by the department may be destroyed by any means deemed necessary by the department.

(b) Where the predators are dogs and the methods of destruction may endanger pets or hunting dogs, all major points of entrance into the area where the predators are to be destroyed shall be posted with signs indicating that a program of predator destruction in the area is in progress. Any predator may be destroyed in a posted area without claim or penalty whether or not the predator is the property of some person. [L 1985, c 174, pt of §4]
Haw. Rev. Stat. § 183-18 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-18
Criminal penalties.
Status: in_force

(a) Unless otherwise specified, any person who violates a provision of this part or a rule adopted pursuant to this part shall be guilty of a petty misdemeanor. Authorized employees of the department acting within the scope of employment shall not be subject to the penalty provided for in this section. A person convicted of violating a provision of this part or a rule adopted pursuant to this part shall be sentenced, without the possibility of suspension of sentence, as follows:

(1) A mandatory fine of no less than $100, or imprisonment of no more than thirty days, or both, for a first offense, or any offense not preceded within a five-year period by a conviction for a prior offense;

(2) A mandatory fine of no less than $500, or by imprisonment of no more than thirty days, or both, for an offense that occurs within five years of a conviction for a prior offense; and

(3) A mandatory fine of $1,000, or imprisonment of no more than thirty days, or both, for an offense that occurs within five years of two or more convictions for prior offenses.

For purposes of this subsection, "offense" means a violation of any provision of this part or any rules adopted pursuant thereto.

(b) A person who is convicted of violating section 183-17 is guilty of a misdemeanor and shall be fined no more than $2,000, or imprisoned no more than one year, or both. [L 1919, c 83, §2; RL 1925, §596; RL 1935, §185; RL 1945, §1020; RL 1955, §19-9; HRS §183-18; am L 1981, c 85, §6; am L 2006, c 174, §2; am L 2021, c 193, §2]
Haw. Rev. Stat. § 173A-3 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-3
Resource land acquisition plan.
Status: in_force

In consultation with the senate president and speaker of the house of representatives, the department shall prepare and, from time to time, revise a plan for the acquisition of land having value as a resource to the State. This plan shall guide the board in acquiring such land in the exercise of its powers under this chapter. In preparing this plan, the department may institute studies relating to the need for such land and shall consider any plan relating to the acquisition of such land that has been prepared by any state or county agency.
Haw. Rev. Stat. § 174C-51 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-51
Application for a permit.
Status: in_force

All permit applications filed under this part shall contain the following:

(1) The name and address of the applicant and landowner; provided that:

(A) In the event the applicant is an association, organization, partnership, trust, corporation, or any other legal entity doing business in Hawaii, the address of its principal place of business shall be stated in the application; and

(B) In the event a lessee, licensee, developer, or any other person with a terminable interest or estate in the land, which is the water source of the permitted water, applies for a water permit, the landowner shall also be stated as a joint applicant for the water permit;

(2) The date of application;

(3) The water source of the water supply;

(4) The quantity of water requested;

(5) The use of the water and any limitations thereon;

(6) The location of the use of water;

(7) The location of the well or point of diversion; and

(8) Such other relevant information that the commission may request from time to time.

The commission in its discretion may allow a person to apply for several related withdrawals in the same application for a water permit. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 171-96 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-96
Lease to foreign governments.
Status: in_force

Notwithstanding any limitations to the contrary, the board of land and natural resources may, with the prior approval of the governor, lease public lands for consulate purposes without recourse to public auction to foreign governments. The manner of disposition and the terms and conditions thereto shall be in accordance with sections 171-33, 171-35 and 171-36.
Haw. Rev. Stat. § 188-71 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-71
Harassment of fishermen; prohibition.
Status: in_force

(a) No person shall intentionally prevent or attempt to prevent the lawful taking of fish by a person licensed pursuant to section 188-50 by:

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

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

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

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

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

(c) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both. [L 1995, c 186, §2]
Haw. Rev. Stat. § 185-1 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-1
Definitions.
Status: in_force

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

"Administrator" means the administrator of forestry and wildlife.

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

"Branch" means an area comprising a county of the State.

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

"Manager" means the forestry and wildlife manager of a designated branch. [L 1994, c 140, §1]

Revision Note

This section is new. Former §185-1 renumbered as §185-1.5.
Haw. Rev. Stat. § 171-95.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-95.5
Lease to public charter schools.
Status: in_force

Notwithstanding any limitations to the contrary, the board may lease to charter schools, at nominal consideration, by direct negotiation and without recourse to public auction, public lands and buildings under the control of the department. Except as provided in this section, the terms and conditions of sections 171-33 and 171-36 shall apply. The lands and buildings leased under this section shall be used by the charter schools for educational purposes only. This section shall not apply to conversion charter schools.
Haw. Rev. Stat. § 188-32 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-32
§§188-32 and 188-33 REPEALED.
Status: repealed

§§188-32 and 188-33 REPEALED. L 1981, c 85, §§41, 42.
Haw. Rev. Stat. § 184-3.5 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-3.5
Park acquisition trust fund; "acquire a park" program.
Status: in_force

(a) There is established in the state treasury a fund to be known as the park acquisition trust fund, which shall be administered by the department to acquire lands for the state park system through the condemnation of private lands.

(b) There shall be deposited into the fund the following:

(1) Contributions received by the State that are designated for a particular proposed or existing park or parks;

(2) All other gifts, bequests, appropriations, or other contributions of money or other property not otherwise conditioned; and

(3) All interest earned or accrued on moneys in the fund.

(c) All moneys in the fund shall be expended by the department for the condemnation of private lands to:

(1) Create new proposed state parks; and

(2) Expand existing state parks.

(d) All contributions to the fund pursuant to subsection (b)(1) that are earmarked for a particular proposed or existing park or parks shall be expended for that purpose; provided that if no condemnation action has been initiated within five years after the receipt of that contribution, the contribution may be applied toward the condemnation for any other state park in the county for which the contribution was originally earmarked.

(e) The chairperson of the board of land and natural resources shall establish an "acquire a park" program to encourage state residents to assist in the acquisition of lands for the state park system through the condemnation of private lands. As part of this program, the chairperson shall identify and provide a description of proposed parks to be acquired by the State and advertise this information in newspapers of general circulation in the State and in the county in which the proposed park is to be situated, as well as other appropriate broadcast and electronic media, including the Internet.

(f) The chairperson of the board of land and natural resources, with the assistance of the director of taxation, shall adopt rules pursuant to chapter 91 to implement this section. [L 1997, c 242, §2]
Haw. Rev. Stat. § 171-88 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-88
Option to purchase.
Status: in_force

Any owner in fee simple of private land in a disaster area who leases or who presently has a lease of public land under this part shall be entitled to an option to purchase in fee simple the public land so leased if the owner's private land was or is condemned or purchased for a public purpose by a governmental agency at any time between the date of the natural disaster and the date of expiration of the first two years of the term of the lease to the person.

If private land in a disaster area owned at the time of the natural disaster by a lessee under this part is not condemned or purchased for a public purpose by a governmental agency at the expiration of the first two years of the term of the lease of the lessee, the person shall be entitled to an option to purchase in fee simple the public land leased under this part, provided that the lessee first offers the board of land and natural resources a period of six months in which to exercise an option to purchase in fee simple the lessee's private land in the disaster area which the lessee held at the time of the natural disaster. The offer shall be made to the board by the lessee within thirty calendar days next following the first two years of the term of the lease of the lessee. The lessee shall then have a period of six months next following the board's rejection or exercise of its option in which to reject or exercise the lessee's option to purchase the public lands. The acquisition or purchase of the private lands in a disaster area by the board under this part is declared to be for a public purpose.

During the period that the board and the lessee are considering their respective options to purchase, the board shall waive the lease rental of the lessee.

Public land under lease shall be sold and private land of the lessee shall be purchased at fair market value as determined by appraisal as set forth in section 171-17. The fair market value shall not include the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the lease or to any mortgage made by the lessee. [L 1962, c 32, pt of §2; Supp, §103A-83; am L 1966, c 27, §2; HRS §171-88; gen ch 1985]
Haw. Rev. Stat. § 183-22 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-22
Disposition of fines, etc.
Status: in_force

All fines, costs, and other charges imposed or collected pursuant to sections 183-19 to 183-21, shall be deposited in the treasury of the State for use by the department of land and natural resources for forestry purposes and all such sums as may be so collected and deposited are appropriated for those purposes.
Haw. Rev. Stat. § 186-6 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-6
Development and maintenance of tree farm property.
Status: in_force

The applicant shall implement the tree farm management plan according to the schedule set forth in the plan. If the board determines that a satisfactory crop has not been established within the schedule set forth in the management plan, the property shall be declassified from its status as tree farm property.
Haw. Rev. Stat. § 200-14.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-14.5
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines and 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, chapter 200A or 200D, or any rule adopted thereunder.

(b) In addition to, or as a condition to the suspension of, any administrative fines and penalties, the board may deprive the offender of the privilege of registering or titling any vessel for use on waters of the State, or mooring any vessel in any state small boat harbor, boating facility, or waters of the State, for a period of not more than twenty-four months. Each day or instance of violation shall constitute a separate offense.

(c) For all violations, the administrative fine shall be as follows:

(1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000;

(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.

(d) Any criminal action against a person for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees and costs, or damages against that person. Any civil legal action to recover administrative fines, fees and costs, or damages for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. All fines, fees and costs, or damages recovered by the department under this section shall be deposited in the boating special fund.

(e) For the purposes of this section, "vessel" and "waters of the State" have the same meaning as those terms are defined in section 200-23. [L 1999, c 41, §1; am L 2024, c 215, §3]
Haw. Rev. Stat. § 184-3 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-3
Powers of department.
Status: in_force

The department of land and natural resources, in addition to the other powers herein granted, for the purpose of performing its duties and functions may:

(1) Acquire land in the name of the State or any estate, right, or interest therein or appurtenance thereto, by agreement, gift, devise, lease, or condemnation in accordance with chapter 101, and the department of accounting and general services shall assist the department of land and natural resources therein, at its request, and assign thereto state officers and employees under its supervision for the making of surveys, abstracts, and otherwise as may be of assistance, without reimbursement for such services;

(2) Receive gifts, bequests, or contributions of money or other property;

(3) Accept such condition imposed upon any gift or devise of land, money, or other property as may be acceptable to the department and not inconsistent with the proper discharge of its duties and functions;

(4) Accept transfers and conveyances of rights and titles vested in the United States government to land and buildings within this State, or lease the same under such conditions as the government of the United States may impose;

(5) Make expenditures from funds available for the care, supervision, improvement, development, and protection of the state park system;

(6) Construct and operate suitable public services, facilities, and conveniences on any land under its jurisdiction and control, with power to charge and collect reasonable fees for the use of the same, or in its discretion, enter into contracts, leases, or licenses for the construction or operation of any services, facilities, or conveniences on any land under its jurisdiction and control upon such terms and conditions as are deemed by it to be in the public interest, including in the area covered by the contract, lease, or license the amount of land deemed by it to be reasonably necessary to the success of the undertaking;

(7) Acquire, by condemnation or otherwise, rights appurtenant to abutting property for light, air, and access, whenever necessary or proper for the establishment, development, improvement, or extension of any parkway;

(8) Cooperate with counties, and other political subdivisions and agencies of the State, and with the states and with the United States government in matters relating to planning, establishing, developing, improving, or maintaining any park, parkway, or recreational area;

(9) Accept from a county, park lands which may include related improvements, personnel, equipment, and functions; and

(10) Transfer to a county, park lands which may include related improvements, personnel, equipment, and functions. [L 1949, c 185, pt of §1; RL 1955, §19-34; am L Sp 1959 2d, c 1, §§12, 21; am L 1961, c 132, §2; HRS §184-3; am L 1987, c 335, §2]
Haw. Rev. Stat. § 195D-25 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-25
Endangered species recovery committee.
Status: in_force

(a) There is established within the department for administrative purposes only, the endangered species recovery committee, which shall serve as a consultant to the board and the department on matters relating to endangered, threatened, proposed, and candidate species. The committee shall consist of two field biologists with expertise in conservation biology, the chairperson of the board or the chairperson's designee, the ecoregion director of the United States Fish and Wildlife Service or the director's designee, the director of the United States Geological Survey, Biological Resources Division or the director's designee, the dean of the University of Hawaii at Manoa college of natural sciences or the dean's designee, and a person possessing a background in native Hawaiian traditional and customary practices, as evidenced by:

(1) A college degree in a relevant field, such as Hawaiian studies, native Hawaiian law, native Hawaiian traditional and customary practices, or related subject area;

(2) Work history that demonstrates an appropriate level of knowledge in native Hawaiian traditional and customary practices; or

(3) Substantial experience in native Hawaiian traditional and customary practices.

Nongovernmental members shall be appointed by the governor pursuant to section 26-34. Nongovernmental members shall not serve for more than two consecutive terms. Nongovernmental members shall serve for four-year staggered terms, except that one of the members first appointed shall serve for two years.

Governmental members from the federal agencies are requested but not required to serve on the committee. The ability of the committee to carry out its functions and purposes shall not be affected by the vacancy of any position allotted to a federal governmental member.

(b) The endangered species recovery committee shall:

(1) Review all applications and proposals for habitat conservation plans, safe harbor agreements, and incidental take licenses and make recommendations, based on a full review of the best available scientific and other reliable data and at least one site visit to each property that is the subject of the proposed action, and in consideration of the cumulative impacts of the proposed action on the recovery potential of the endangered, threatened, proposed, or candidate species, to the department and the board as to whether or not they should be approved, amended, or rejected;

(2) Review all habitat conservation plans, safe harbor agreements, and incidental take licenses on an annual basis to ensure compliance with agreed to activities and, on the basis of any available monitoring reports, and scientific and other reliable data, make recommendations for any necessary changes;

(3) Consider and recommend appropriate incentives to encourage landowners to voluntarily engage in efforts that restore and conserve endangered, threatened, proposed, and candidate species;

(4) Perform such other duties as provided in this chapter;

(5) Consult with persons possessing expertise in such areas as the committee may deem appropriate and necessary in the course of exercising its duties; and

(6) Not conduct more than one site visit per year to each property that is the subject of a habitat conservation plan or safe harbor agreement. [L 1997, c 380, pt of §2; am L 1998, c 237, §4; am L 2003, c 35, §7; am L 2014, c 53, §1; am L 2016, c 257, §1]
Haw. Rev. Stat. § 196-88 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-88
Testing, certification, and labeling.
Status: in_force

Manufacturers shall test, certify, and label products meeting the minimum efficiency standards set forth in section 196-85 and may utilize testing, certification, and labeling programs of other states and federal agencies with similar standards, including the Home Ventilating Institute's certified products directory certification program, for purposes of compliance under this part. Products listed in California's Modernized Appliance Efficiency Database System shall be deemed to be in compliance with this part.
Haw. Rev. Stat. § 171-53 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-53
Reclamation and disposition of submerged or reclaimed public land.
Status: in_force

(a) Any submerged public land or land beneath tidal waters shall not hereafter be reclaimed by private abutting owners, except as hereinafter provided.

(b) As to presently reclaimed land, the board of land and natural resources, after finding that its disposition is not prejudicial to the best interest of the State, community or area in which such reclaimed land is located and after giving public notice in accordance with section 171-16(d) of its intention to dispose, may dispose of it, without recourse to public auction, to the abutting owner, by sale or lease; provided that if the reclaimed land has been filled in or made with the prior approval of government authorities, and not otherwise filled in or made contrary to the public interest, it may be disposed of at fair market value or fair market rental of the submerged public land, but if the reclaimed land has been filled or made otherwise, it shall be disposed of at the fair market value or fair market rental of the reclaimed land.

(c) The board, with the prior approval of the governor and the prior authorization of the legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions provided in this chapter; provided that the authorization of the legislature shall not be required for leases issued under chapter 190D; and provided further that the approval of the governor and authorization of the legislature shall not be required for any grant of easement or lease of state submerged lands or lands beneath tidal waters used for moorings, cables, or pipelines; provided further that this exemption shall not apply to easements for cables used for interisland electrical transmission or slurry pipelines used for transportive materials, mined at sea, or waste products from the processing of the same.

The lease shall provide that the lands shall be reclaimed at the expense of the lessee. Title to the reclaimed lands shall remain in the State.

(d) Whenever in connection with reclaimed lands or the reclamation of submerged lands or lands beneath tidal waters by authority of law, the board deems it advantageous to the State in order to settle the rights (littoral or otherwise), if any, of an abutting owner, to create public beaches, or to consolidate the holdings of public lands in the vicinity or provide public ways or access to the public lands, it may, with the prior approval of the governor, sell, lease, or transfer by way of an exchange, without recourse to public auction but subject to the limitations contained in section 171-50 and to the other provisions of this chapter, lands having the status of public lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §28; Supp, §103A-50; am L 1967, c 234, §3; HRS §171-53; am L 1981, c 199, §2; am L 1987, c 367, §2; am L 1999, c 176, §1; am L 2000, c 261, §§3, 5; am L 2002, c 68, §2 and c 103, §1(2); am L 2005, c 129, §2]
Haw. Rev. Stat. § 196D-1 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-1
Short title.
Status: in_force

This chapter shall be known and may be cited as the Geothermal and Cable System Development Permitting Act of 1988.
Haw. Rev. Stat. § 200-4.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-4.5
[ §200-4.
Status: in_force

[ §200-4.5] Safety of ocean users; rules. The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of boating regulations around swim zone buoys.
Haw. Rev. Stat. § 187A-8 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-8
Cooperation with other governmental authorities.
Status: in_force

The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States or other governmental authorities having an interest in the subject matter of title 12, in every way possible, for the promotion of the purposes of title 12. More specifically, the department may permit the appropriate agency of the United States or other governmental authorities to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree.
Haw. Rev. Stat. § 174C-14 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-14
Acquisition of real property.
Status: in_force

(a) The legislature declares it to be necessary for the public health and welfare that water and water related resources be conserved and protected. The acquisition of real property for this objective shall constitute a public purpose for which public funds may be expended.

(b) The commission may acquire real property and easements by purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water management, or water and water-related resource conservation.

(c) Land, water areas, and related resources which may be acquired for this purpose include, but are not limited to, streams and other watercourses, parks and recreation areas, beaches, submerged lands, and other open areas, as well as necessary access sites and rights-of-way.

(d) This section does not limit the exercise of similar powers delegated by statute to any state or local government agency. This section is not intended to limit, in any way, the powers of the commission in regards to the acquisition of real property under any other statute. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 196D-11 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-11
Annual report.
Status: in_force

The department shall submit an annual report to the governor and the legislature on its work during the preceding year, the development status of the project, any problems encountered, and any legislative actions that may be needed further to improve the consolidated permit application and review process and implement the intent of this chapter.
Haw. Rev. Stat. § 180-1 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-1
Definitions.
Status: in_force

Whenever used in this chapter:

"Director" means a member of the governing body of a district.

"District" or "soil and water conservation district" means a governmental subdivision of this State, and a public body corporate and politic, organized in accordance with this chapter.

"Due notice" means notice given during a ten-day period by publication or if no means of publication is available by posting at a reasonable number of conspicuous places within the affected area.

"Land occupier" or "occupier of land" includes any person, firm, or corporation who leases or holds title to lands for agricultural designation or use within a district organized, or to be organized, under this chapter. [L 1947, c 191, §3; RL 1955, §28-2; am L Sp 1959 2d, c 1, §38; am L 1961, c 53, §1; HRS §180-1; am L 1991, c 94, §2]
Haw. Rev. Stat. § 188-40 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-40
REPEALED.
Status: in_force

L 1999, c 85, §§12, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 199-2 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-2
Board of land and natural resources, delegation of authority.
Status: in_force

The board of land and natural resources may delegate to enforcement officers within the conservation and resources enforcement program, such authority as may be required for enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder.
Haw. Rev. Stat. § 185-8 — HI Code / Division 1 / Title 12 / Chapter 185 / Section 185-8
[OLD] REPEALED.
Status: in_force

L 1972, c 9, §1.

§185-8 Government agencies to assist. All agencies of the State or its political subdivisions shall assist in extinguishing any fire when duly summoned by the administrator or any manager. [L 1953, c 100, §11; RL 1955, §19-59; HRS §185-9; ren and am L 1974, c 64, pt of §1; am L 1994, c 140, §8]
Haw. Rev. Stat. § 171-4 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-4
Board of land and natural resources; terms and qualifications of members of the board; organization; expenses.
Status: in_force

(a) The board of land and natural resources shall be composed of seven members, one from each land district and three at large, to be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34. The term and removal of a member of the board and the filling of a vacancy on the board shall also be as provided in section 26-34. There shall be not more than three members on the board from the same political party.

(b) At least one member of the board shall have a background in conservation and natural resources, as evidenced by:

(1) A college degree in a relevant field, including forestry, wildlife conservation, geology, environmental science, or marine biology; or

(2) Work history sufficient to demonstrate an appropriate level of knowledge in the subject of land and natural resources, including parks and recreation, public lands management, natural area reserves, aquatic resources, boating and recreation, forestry and wildlife, water resources management, or conservation and resources.

(c) At least one member of the board, other than the member appointed pursuant to subsection (b), shall have demonstrated expertise in native Hawaiian traditional and customary practices, as evidenced by:

(1) A college degree in a relevant field, such as Hawaiian studies, native Hawaiian law, native Hawaiian traditional and customary practices, or related subject area;

(2) Work history that demonstrates an appropriate level of knowledge in native Hawaiian traditional and customary practices; or

(3) Substantial experience as a native Hawaiian traditional and customary practitioner.

(d) Each member shall disclose and file with the board a list of all transactions with the department of land and natural resources in which the member has a direct interest. The member shall also disclose all transactions with the department involving any corporation, association, partnership, or joint venture in which the member is an officer, partner, or employee. Any member having any interest, direct or indirect, in any matter before the board shall disqualify oneself from voting on or participating in the discussion of the matter.

(e) The governor shall select a chairperson of the board from among its members. The chairperson shall call and preside at meetings and may appoint a member of the board as secretary. The members of the board shall choose one of their number to act as chairperson during the absence or disability of the chairperson.

(f) The members of the board shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties. [L 1962, c 32, pt of §2; am L 1963, c 10, §1; Supp, §103A-4; HRS §171-4; gen ch 1985, 1993; am L 2001, c 215, §2; am L 2005, c 9, §2; am L 2014, c 104, §2]
Haw. Rev. Stat. § 180-5 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-5
Hearing on petition.
Status: in_force

Within thirty days after the filing of such a petition, the department of land and natural resources shall cause due notice to be given of a public meeting to consider the question of the need for the creation of the district, whether local public sentiment is in favor of its creation and the area that should be included within its boundaries. After such meeting, if the department determines that there is a need for the district and public sentiment favors its creation, it shall define the boundaries for the proposed district. Should the department deny any petition to organize a district, subsequent petitions covering the same or substantially the same area may be filed with the department after six months after the date of the denial of the petition.
Haw. Rev. Stat. § 182-12 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-12
Acquisition of rights-of-way.
Status: in_force

The State may, at its discretion, acquire by eminent domain, by negotiation or otherwise, such real property, rights-of-way, and interest in, over, across, under, and through any real property which may be necessary for the transportation or communication facilities in connection with any mining operations and may assign, lease, or otherwise transfer such property or rights to persons or corporations engaged in mining operations.
Haw. Rev. Stat. § 182-16 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-16
Levy and assessment of general excise tax.
Status: in_force

Notwithstanding any provision to the contrary, the levy and assessment of the general excise tax on the gross proceeds from any manner of sale of (1) geothermal resources or (2) electrical energy produced by the geothermal resources producer from such geothermal resources, shall be made only as a tax on the business of a producer, at the rate assessed producers, under section 237-13(2)(A).
Haw. Rev. Stat. § 199-3 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-3
Conservation and resources enforcement officers, duties; other law enforcement officers.
Status: in_force

(a) The conservation and resources enforcement officers, with respect to all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, Kaho`olawe island reserve, and any other lands and waters within the State, shall:

(1) Enforce title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder;

(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

(3) Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;

(4) Cooperate with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;

(5) Check and verify all leases, permits, and licenses issued by the department of land and natural resources;

(6) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134;

(7) Enforce the laws in chapter 291E relating to operating a vessel on or in the waters of the State while using intoxicants;

(8) Whether through a specifically designated marine patrol or otherwise, enforce the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and

(9) Carry out other duties and responsibilities as the board of land and natural resources from time to time may direct.

(b) Every state and county officer charged with the enforcement of laws and ordinances shall enforce and assist in the enforcement of title 12, chapters 6E and 6K, and rules adopted thereunder and in the enforcement of chapters 266 and 267 and of all rules adopted thereunder. [L 1978, c 171, pt of §1; am L 1981, c 85, §112; am L 1987, c 364, §1; am L 1991, c 272, §5; am L 1996, c 296, §2; am L 1997, c 17, §1; am L 2000, c 189, §24; am L 2004, c 142, §10]
Haw. Rev. Stat. § 187A-15 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-15
Rights of inspection of catch.
Status: in_force

Any agent of the department upon whom the board has conferred powers of police officers or any other enforcement officer of the State shall have the authority to conduct examinations and searches of:

(1) The contents of any bag or container of any kind used to carry aquatic life; or

(2) Any vehicle or conveyance used to transport aquatic life;

if such agent or officer has probable cause, as provided by law, to believe that such bag, container, vehicle, or conveyance contains evidence of a violation of subtitle 5 of title 12 or any rule adopted thereunder. No person shall refuse any enforcement officer of the department or any other enforcement officer of the State such examination and search. [L 1991, c 202, §1; am L 1999, c 195, §5]
Haw. Rev. Stat. § 198D-5 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-5
Identification of proposed, potential, and needed trails and accesses.
Status: in_force

(a) In addition to the inventories under section 198D-3, the department shall identify and maintain a listing of:

(1) Proposed trails and accesses which may be opened to the public;

(2) Potential expansions of trails and accesses;

(3) Potential or desirable connectors between existing trail systems;

(4) Public beach, shore, park, trail, and other recreational areas to which access is unavailable or inadequate; and

(5) Trails and accesses to public hunting areas.

(b) The listing may be published in the inventories required under section 198D-3. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(3)]
Haw. Rev. Stat. § 174-19 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-19
Administration of project; acreage assessments; liens.
Status: in_force

All projects established pursuant to this chapter shall be administered by the board of land and natural resources. In making the final determination to establish a project, the board shall determine the proportion of acreage assessments to be borne by the land within the project. The board shall determine and certify to the director of taxation on or before March 31 of each year (1) the amount of acreage assessments necessary in that calendar year for acquisition, construction, and maintenance of facilities for each project, and (2) the acreage of each land occupier within the project.

Upon the certification the director of taxation or the director's properly authorized deputies or other assistants, shall determine the acreage assessment to be levied against the property of each land occupier by determining the amount of acreage assessments to be borne by the land within the project according to the proportion previously certified to the director by the board. The acreage assessments shall be collected by the director of taxation in the same manner as state taxes. Except in the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall be a paramount lien against the entire tract, including improvements, of the land occupier of which the assessed land, or both, of the land occupier included within the projects forms a part. The lien may be foreclosed in the same manner as liens for state taxes and in accordance with sections 231-61 to 231-68. In case of the foreclosure of any homestead land pursuant to such sections the foreclosure sale shall be subject to chapter 171. In the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall not constitute a lien on the property involved and notice of any delinquent acreage assessment shall be served upon the board of land and natural resources or the Hawaiian homes commission, as the case may be, for payment.

Acreage assessments shall be deemed revenues within the meaning of part III of chapter 39 and shall be used for the payment of the principal and interest of any revenue bonds issued hereunder.

Water tolls fixed by the board for each project under this chapter shall be collected by the board under such reasonable rules and procedures as it may establish and may modify from time to time.

All water tolls, acreage assessments, and receipts from properties sold by way of foreclosure for failure to pay acreage assessments shall be realizations of the board. [L 1961, c 166, pt of §3; Supp, §86-18; HRS §174-19; gen ch 1985; am L 1987, c 306, §12; am L 1989, c 14, §3]
Haw. Rev. Stat. § 195-9 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-9
Natural area reserve fund; heritage program; established.
Status: in_force

(a) There is hereby established in the state treasury a special fund known as the natural area reserve fund to implement the purposes of this chapter, including the identification, establishment, and management of natural area reserves, the acquisition of private lands for new natural area reserves, the operation of the heritage program, and the provision of matching funds for the natural area partnership program. The fund shall be administered by the department.

(b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury, 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 agencies or persons from whom the moneys are received. Investment earnings credited to the assets of the fund shall become a part of the assets of the fund. 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. [L 1987, c 351, §1; am L 1988, c 32, §1; am L 1991, c 326, §4]
Haw. Rev. Stat. § 200-29 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-29
Accident reports by operators; confidential nature.
Status: in_force

The operator of:

(1) Any vessel involved in a boating accident in the waters of the State; and

(2) Any vessel required to be registered, or registered, with the department and involved in a boating accident in any waters,

shall file a written report with the department truthfully setting forth all relevant information required by the department; provided that the report need not be filed with the department where the operator is required by federal laws and requirements to report the accident to the Coast Guard.

The department shall transmit information of all boating accidents to the Coast Guard as may be requested by the agency for compilation, analysis, and publication of statistics.

The accident reports required by this section shall be used only to enable the department and the Coast Guard to make findings with respect to the causes of accidents and recommendations for their prevention, and to compile information for use in making statistical reports; except that the accident reports may also be used in the prosecution of the filing of false accident reports. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 174C-9 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-9
Proceedings before the commission concerning water resources.
Status: in_force

All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code by the commission, shall be conducted in accordance with chapter 91. Hearings regarding particular water resources shall be conducted on the island where those water resources are located.
Haw. Rev. Stat. § 179D-6 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-6
General powers and duties of the board of land and natural resources.
Status: in_force

(a) All dams or reservoirs in the State shall be under the jurisdiction of the board until the board declares which dams or reservoirs are to be removed from its jurisdiction.

(b) The board shall administer the dam and reservoir safety program established by this chapter. In carrying out this chapter, the board shall cooperate, advise, consult, contract, and enter into cooperative agreements with the United States government or any of its agencies, other state agencies, and the county governments or any of their agencies. In the performance of its duties, the board shall:

(1) Establish by rules adopted under chapter 91, policies, requirements, or standards governing the design, construction, operation, maintenance, enlargement, alteration, repair, removal, and inspection of dams, reservoirs, and appurtenant works for the protection of life and property from structural failure of dams and reservoirs;

(2) Conduct investigations and collect data, including technological advances made in dam and reservoir safety practices elsewhere, as may be needed for the proper review and study of the various features of the design, construction, repair, removal, inspection, operation, maintenance, alteration, and enlargement of dams, reservoirs, and appurtenant works. The board may require submittal of reports of investigations from all owners;

(3) Conduct investigations and require reports from all owners to be made from time to time, including watershed investigations and studies, as may be necessary to keep abreast of developments affecting stream runoff and as required to facilitate its decisions;

(4) Be authorized to enter upon such private property of the dam or reservoir as may be necessary in making, at the owner's expense, any investigation or inspection required or authorized by this chapter. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the board or its agents;

(5) Require the owners to apply for, and obtain from the board written approval of plans and specifications on the construction of any new dam or reservoir or the enlargement of any dam or reservoir prior to commencement of any work;

(6) Require the owners to file an application and secure the written approval of the board before commencing the repair, alteration, or removal of a dam or reservoir, including the alteration or removal of a dam or reservoir so that it no longer constitutes a dam or reservoir as defined in this chapter. Repairs shall not be deemed to apply to routine maintenance not affecting the safety of the structure;

(7) Require owners to secure the written approval of the board to impound water;

(8) Require fees to cover a portion of the board's costs in carrying out the administration of dam and reservoir safety;

(9) Cooperate with all public and private agencies created for the purpose of enhancing dam and reservoir safety activities and training, assist these organizations and agencies in coordinating the use of their facilities, and participate in the exchange of ideas, knowledge, and data with these organizations and agencies;

(10) Consider dams and reservoirs as important water resources for the State that provide significant benefits to the general public, including irrigation for agriculture and other important uses, and acknowledge the need for dams and reservoirs to be consistently maintained and operated in a safe and feasible manner that sustains their roles as important water resources; provided that public safety concerns are addressed;

(11) Prepare, publish, and issue printed pamphlets, bulletins, or advisories, or conduct training as the board deems necessary for the dissemination of information to the public;

(12) Appoint and remove agents and employees, including hearing officers, specialists, and consultants, as necessary to carry out the purposes of this chapter, who may be engaged by the board without regard to the requirements of chapter 76;

(13) Catalog and maintain an inventory of all regulated dams and reservoirs in the State pursuant to this chapter without regard to chapter 91;

(14) Establish similar or consistent hazard potential classifications in conjunction with other applicable state or federal guidelines for all regulated dams and reservoirs in the State pursuant to this chapter without regard to chapter 91;

(15) Examine and approve or disapprove applications for approval of the construction, enlargement, repair, alteration, or removal of a dam or reservoir and applications for certificates of approval to impound;

(16) Order the suspension, revocation, or both, of any application approval or certificate of approval to impound for any act or failure to comply with this chapter or with any rules or orders adopted pursuant to this chapter, or with any of the conditions contained in or attached to the application approval or certificate of approval to impound;

(17) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life or public or private property, or for carrying out this chapter or rules issued under this chapter;

(18) Order the immediate cessation of any act that is started or continued without an application approval or certificate of approval to impound as required by this chapter;

(19) Enter private property and immediately take actions necessary to provide protection to life or property at the owner's expense, including removal of the dam or reservoir. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or gross negligence by the board or its agents;

(20) Recover from the owner, in the name of the State, the expenses incurred in taking any action required by the owner of the dam or reservoir in the same manner that debts are recoverable by law;

(21) Assess civil penalties for violation of this chapter or any rule or standard adopted or order issued by the board pursuant to this chapter;

(22) Place liens, as needed, on the owner's property, to be collected as delinquent taxes against the lands and property, if the owner neglects to pay any costs, expenses, or penalties chargeable to the owner under this chapter or any rule, order, or condition adopted, issued, or required under this chapter;

(23) With the assistance of the attorney general, institute and prosecute all court actions that may be necessary to obtain the enforcement of any order issued by the board in carrying out this chapter; and

(24) Take any and all other actions as may be necessary to carry out this chapter. [L 1987, c 199, pt of §1; am L 2007, c 262, §7; am L 2011, c 154, §1]
Haw. Rev. Stat. § 171-14 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-14
Auction.
Status: in_force

Except as otherwise specifically provided, all disposition of public lands shall be made at public auction after public notice as provided in section 171-16. All such auctions shall be held at the door of the office of the land agent or at such other place as is convenient in the district in which the land is located, and shall be conducted by the chairperson or the land agent or by any other authorized employee of the department of land and natural resources under the direction of the board of land and natural resources, all of whom shall perform this service without extra compensation.
Haw. Rev. Stat. § 200-13.5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-13.5
[ §200-13.
Status: in_force

[ §200-13.5] Vessel insurance. (a) This section shall apply to:

(1) All owners of vessels originally manufactured with a length of twenty-six feet or more that are:

(A) Required to be registered pursuant to section 200-31(a); or

(B) Operated in state ocean waters with a valid documentation number from the United States Coast Guard; and

(2) Owners of vessels originally manufactured with a length of less than twenty-six feet who were or are the registered owner of a grounded vessel located anywhere in the State or state ocean waters.

(b) All owners of vessels subject to this section pursuant to subsection (a) shall obtain insurance coverage with a limit of not less than $100,000 per occurrence, in a form and content to ensure that removal and salvage of a grounded vessel are covered; provided that the vessel owner may provide alternative proof of insurance, approved by the department, to comply with this section.

(c) The board of land and natural resources may grant an exemption from the marine insurance coverage requirement of this section for a transient vessel not moored in a state small boat harbor, offshore mooring area, or other facility under the jurisdiction of the department; provided that the board finds that there is good cause and that there are extraordinary circumstances necessitating the exemption.

(d) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(e) For the purposes of this section:

"Grounded vessel" means a vessel that made contact with the bed of a body of water and cannot move from the position under its own power.

"Transient vessel" means any vessel visiting the State for a period of less than ninety days. [L 2019, c 94, §2]
Haw. Rev. Stat. § 182-13 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-13
Surrender of mining leases.
Status: reserved

Any lessee of a mining lease, who has complied fully with all the terms, covenants, and conditions of the existing lease, may, with the consent of the board, surrender at any time and from time to time all or any part of a mining lease or the land contained therein upon payments as consideration therefor two years' rent prorated upon the portion of the lease or land surrendered. The lessee shall thereupon be relieved of any further liability or duty with respect to the land or lease so surrendered; provided that nothing herein contained shall constitute a waiver of any liability or duty the lessee may have with respect to the land or lease surrendered as a result of any previous activities conducted on the land or under the lease. Upon the termination, cancellation, or surrender of any mining lease or any portion thereof, the lessee shall have the right to remove any and all equipment, buildings, and plants placed on the land surrendered by the holder of the mining lease. A mining lease may also be surrendered if as a result of a final determination by a court of competent jurisdiction, the lessee is found to have acquired no rights in or to the minerals on reserved lands, nor the right to exploit the same, pursuant to the lease, and, in such event, the lessee shall be reimbursed for rentals paid to the State pursuant to the lease.
Haw. Rev. Stat. § 179-3 — HI Code / Division 1 / Title 12 / Chapter 179 / Section 179-3
Statewide flood control agency and program.
Status: in_force

(a) The board of land and natural resources, whose functions include under the existing laws of Hawaii, the management and administration of water resources of the State, is hereby designated as the state agency responsible for the accomplishment of the purposes of this chapter.

(b) All flood control and flood water conservation and related activities, and any attendant powers and duties, heretofore assigned to other state departments or agencies, but not including flood disaster operations, shall be transferred to the board upon the enactment of this law.

(c) It is declared that the general flood control plan is to be regarded as a general guide for the orderly and coordinated implementation of the statewide flood control program and the specific existing and planned flood control programs comprising the plan to be financed by state funds. This declaration is not to be construed so as to constitute approval of the specific flood control programs included in the plan. Nor shall this declaration be construed so as to prohibit the development of lands bordering watercourses or standing bodies of water. The board may, from time to time, modify the plan to the extent that it finds such to be necessary or desirable. [L 1961, c 34, §3; am L 1963, c 148, pt of §1; Supp, §87C-3; HRS §179-3]
Haw. Rev. Stat. § 195D-31 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-31
Trust fund.
Status: in_force

(a) There is established within the state treasury a trust fund to be known as the endangered species trust fund to be administered by the department to implement the purposes of this chapter.

The fund shall consist of moneys from the following sources:

(1) Moneys accrued from the sale of retail items officially sponsored by the department for the fund;

(2) Private contributions for the management and recovery of Hawaii's unique plants and animals;

(3) Fees and assessments charged for the use of public land and waters and designated for the fund;

(4) Penalties, fines, or auctions resulting from enforcement violations;

(5) Legislative appropriations; and

(6) Moneys deposited to implement the obligations of a habitat conservation plan, as security for habitat conservation plan funding, or technical assistance program fees and payment for costs incurred for use of the technical assistance program as set forth in section 195D-23(d).

(b) The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury; provided that moneys received as deposits or contributions from private sources shall be deposited and accounted for in accordance with the conditions established by the agencies or persons making the contribution. Earnings on the investment of the assets of the fund shall become a part of the fund. Any balance in the fund at the end of a fiscal year shall be carried forward to the next fiscal year. [L 1997, c 380, pt of §2; am L 2004, c 144, §3; am L 2011, c 147, §4; am L 2019, c 93, §2]
Haw. Rev. Stat. § 196-82 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-82
[ §196-82] Purpose.
Status: in_force

[ §196-82] Purpose. The purpose of this part is to establish minimum appliance efficiency standards for certain products sold or installed in the State.
Haw. Rev. Stat. § 188-31 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-31
Permits to take aquatic life for aquarium purposes.
Status: in_force

(a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.

(b) Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.

(c) It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.

The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d) For the purposes of this section:

(1) "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and

(2) "Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes. [L 1953, c 124, §§1, 2, 3; RL 1955, §21-64; am L 1961, c 30, §§1, 2 and c 132, §2; HRS §188-31; am L 1979, c 154, §1; gen ch 1985; am L 1992, c 96, §2]
Haw. Rev. Stat. § 183C-9 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-9
[ §183C-9] Contested cases.
Status: in_force

[ §183C-9] Contested cases. (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision, except for those appeals heard pursuant to this chapter arising in whole or in part from part III of chapter 205A or arising in whole or in part from chapter 115. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.

(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, §§2, 14; am L 2019, c 213, §1]
Haw. Rev. Stat. § 183-16.5 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-16.5
Harvesting from state-owned lands.
Status: in_force

All harvesting of trees on public lands shall be done in accordance with a management plan approved by the board, and in accordance with the provisions regarding conservation of aquatic life, wildlife, and land plants, and the provisions regarding environmental impact statements. For any harvesting of native trees from public lands, the department shall use existing fire prevention and management programs and ensure that appropriate silvicultural practices are used to encourage native biodiversity and ecosystem processes. No native forests on public lands shall be converted to introduced forest plantations.
Haw. Rev. Stat. § 188-40.6 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-40.6
Shark feeding; prohibitions; exceptions; penalties.
Status: in_force

(a) Except as provided in subsection (b), or as otherwise provided by law, it shall be unlawful for any person to conduct any activity related to the feeding of sharks in state marine waters.

(b) Persons may engage in the feeding of sharks for traditional Hawaiian cultural or religious practices; provided that the feeding is not part of a commercial activity.

(c) Persons engaged in the taking of marine life that results in captured, injured, or dead fish being incidentally eaten by sharks shall not be considered in violation of this section; provided that the purpose of the taking of marine life is not the feeding of sharks.

(d) The department may issue permits to engage in activities otherwise prohibited by law, in accordance with section 187A-6, or as may be otherwise authorized by law.

(e) As used in this section:

"Commercial activity" means to engage in any action or to attempt to engage in any action for compensation in any form. The action or actions may include, but are not limited to, providing, or attempting to provide, guide services, charters, tours, and transportation to and from the location or locations for which such services are provided.

"Compensation" means money, barter, trade, credit, and other instruments of value, goods, and other forms of payment.

"Feeding" means the introduction of or an attempt to introduce any food or other substance into the water to attract marine life for any purpose other than to take the marine life. [L 2002, c 127, §2]
Haw. Rev. Stat. § 189-26 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-26
Reports.
Status: in_force

The department shall make an annual report for the period ending December 31 to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than February 1 immediately following the calendar-year period covered by the report.
Haw. Rev. Stat. § 200-44 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-44
Possession by interested party.
Status: in_force

Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by that state or county agency in connection with the vessel. If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the state or county agency, which shall not exceed the value of the vessel. The security, if not forfeited, shall be returned to the person posting it within two years after receipt.
Haw. Rev. Stat. § 180C-3 — HI Code / Division 1 / Title 12 / Chapter 180C / Section 180C-3
Limitation of enactment of ordinances.
Status: in_force

The counties shall enact ordinances within one year from June 15, 1974.

Revision Note

"June 15, 1974" substituted for "the date of this law".
Haw. Rev. Stat. § 171-90 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-90
Eligibility.
Status: in_force

Any person shall be eligible to apply for a lease under this part if the person was an owner, lessee, or tenant in actual possession of real property in a disaster area and whose business activity or undertaking, not primarily agricultural in character, was substantially destroyed or made unsuitable on or after May 22, 1960, by a natural disaster and whose property or the property on which the person is a lessee or tenant was substantially damaged on or after May 22, 1960, by a natural disaster, so as to render the property unfit or economically unfit for the purpose or use made prior to the disaster, provided that an owner or lessor not in actual possession of the owner's or lessor's property shall not be eligible unless the owner or lessor first fully releases all lessees or tenants from all obligations under the owner's or lessor's lease or agreement of tenancy.

Any owner or lessee of real property in a disaster area who was engaged in the business of renting homes or apartments shall be deemed an owner or lessee or tenant in actual possession of real property in a disaster area as provided for in this section.

Property shall be deemed unfit or economically unfit for the purpose or use made prior to the disaster when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area.

The determination by the board as to who is an eligible applicant shall be final. [L 1962, c 32, pt of §2; Supp, §103A-85; HRS §171-90; gen ch 1985]
Haw. Rev. Stat. § 189-2.5 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-2.5
Longline fishing; description; prohibition.
Status: in_force

(a) For the purpose of this section, longline fishing means fishing conducted with gear consisting of at least one mainline over one nautical mile in length, to which is attached a number of branchlines with baited hooks and which is suspended below the surface of the ocean by floatlines attached to surface floats.

(b) It is unlawful to engage in longline fishing or to sell or offer for sale, any marine life taken with longline fishing gear within the boundaries of the State's territorial sea.

(c) Pursuant to and in cooperation with the joint federal-state Western Pacific Regional Fishery Management Council (WPRFMC also known as WESPAC), of which Hawaii is a member, the State adopts and incorporates by reference the rules adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration (NOAA) for the management and regulation of longline fishing activities.

(1) Accordingly, it is unlawful for any person to possess, land, sell, or offer for sale any marine life taken by longline fishing gear which is prohibited by or in violation of rules properly adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration, which by incorporation and acceptance are also the law of Hawaii.

(2) Any person or any fishing vessel fishing with gear of at least one mainline over one nautical mile in length within the area prohibited by rules properly adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration and incorporated by the State shall be in violation of this section.

(d) The State shall have authority to enforce this section and the rules adopted by the Western Pacific Regional Fishery Management Council through the National Oceanic and Atmospheric Administration and incorporated by reference into state law within:

(1) The State's marine waters as defined in section 189-1.5; and

(2) Those areas under the Western Pacific Regional Fishery Management Council's jurisdiction where properly adopted rules have been established to govern, regulate, and manage longline fishing activities; provided that the Western Pacific Regional Fishery Management Council shall have accepted and entered into a mutual working agreement with the State to carry out these rules, including the joint deputizing of law enforcement officials.

(e) The commercial marine license of any person convicted of violating this section shall be revoked and penalties pursuant to section 199-7, including equipment and gear seizure and forfeiture, shall be assessed. Any person whose license has been revoked shall not be eligible to apply for another license until the expiration of one year from the date of revocation. [L 1991, c 161, §1]
Haw. Rev. Stat. § 179D-26 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-26
Liens.
Status: in_force

(a) Costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall be considered prior and superior to all other mortgages, liens, or encumbrances of record even if those other mortgages, liens, or encumbrances were filed before the lien pursuant to this subsection becomes due.

(b) Liens pursuant to subsection (a) may be perfected and foreclosed in advance of construction, enlargement, repair, alteration, or removal or after completion of the construction, enlargement, repair, alteration, or removal. If perfected in advance, the lien shall be perfected by the filing of an affidavit of the board setting forth the estimate of the costs of construction, enlargement, repair, alteration, or removal within the county in which the dam or reservoir is located in the same manner as prescribed for mechanic's liens. When the affidavit is filed, the amount set forth in the affidavit shall be a lien in that amount against all property of the owner. If the actual cost of construction, enlargement, repair, alteration, or removal exceeds the estimated cost, the board may amend the affidavit setting forth the additional estimated cost. If the estimated cost exceeds the actual costs of construction, enlargement, repair, alteration, or removal at completion, the board shall file an amended affidavit at completion. If a lien is perfected in advance and the construction, enlargement, repair, alteration, or removal is not commenced within two years from the date of perfection, the lien shall be void. The board shall file a satisfaction of lien upon payment of the costs of construction, enlargement, repair, alteration, or removal by the owner. [L 2007, c 262, pt of §1]
Haw. Rev. Stat. § 174-1 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-1
Findings and declaration of necessity.
Status: in_force

It is hereby found that it is important to the welfare of the people of Hawaii that the overall economy of the State including but not limited to agricultural production, be developed as fully as possible. It is further found that water presently tapped for consumption is inadequate for the fullest development of the economy of the State. It is therefore hereby declared that additional land and water facilities are necessary for the development of the overall economy of the State.

It is the intent of the legislature that no project under this chapter shall be organized in the city and county of Honolulu or other counties without the board of land and natural resources first consulting the board of water supply of the city and county of Honolulu or the water board or department of each county. [L 1961, c 166, pt of §3; Supp, §86-1; HRS §174-1; am L 1987, c 306, §3]
Haw. Rev. Stat. § 200-13 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-13
Marine inspections.
Status: in_force

(a) The department shall:

(1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state small boat harbors;

(2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state small boat harbors; and

(3) Approve a fee schedule for marine surveyors' inspections.

(b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection.

(c) Owners of vessels that fail the marine inspection may contest the inspection before an arbitration board of three inspectors approved by the department. The inspector who performed the original inspection shall not be a member of the arbitration board. [L 1991, c 272, pt of §2; am L 1994, c 113, §1]
Haw. Rev. Stat. § 183D-38 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-38
Transportation.
Status: in_force

Any common carrier, at any time, may transport game birds, if the carcasses or parts thereof are tagged or sealed, but to every coop or package containing tagged or sealed game birds, there shall be affixed an additional tag or label upon which shall be plainly printed or written the name of the licensee, the name of the consignee, the name of the person by whom the same was tagged or sealed, and the number of game birds, the carcasses, or parts thereof contained therein.
Haw. Rev. Stat. § 183-42 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-42
Strip mining; prior approval of license or permit.
Status: in_force

No original permit or license for strip mining on land within the forest reserve boundaries shall be issued by any officer or agency of the State without the prior approval and concurrence of the department. In determining whether to grant or withhold such approval, the department shall be guided by the standards set forth in chapter 183C.
Haw. Rev. Stat. § 171-11 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-11
Public purposes, lands set aside by the governor; management.
Status: in_force

The governor may, with the prior approval of the board of land and natural resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivisions of the State for public use or purpose. All withdrawals of the lands or portions thereof so set aside shall be made by the governor.

Any public lands set aside by the governor prior to the enactment of this chapter, or any public lands set aside by the governor of the Territory of Hawaii, shall be subject to the provisions of this section.

Lands while so set aside for such use or purpose or when acquired for roads and streets shall be managed by the department, agency, city and county, county, or other political subdivisions of the State having jurisdiction thereof, unless otherwise provided by law. Such department, agency of the State, the city and county, county, or other political subdivisions of the State in managing such lands shall be authorized to exercise all of the powers vested in the board in regard to the issuance of leases, easements, licenses, revocable permits, concessions, or rights of entry covering such lands for such use as may be consistent with the purposes for which the lands were set aside on the same terms, conditions, and restrictions applicable to the disposition of public lands, as provided by this chapter all such dispositions being subject to the prior approval of the board; provided that any nonrenewable dispositions granting rights for a period not in excess of fourteen days shall not require (1) the approval of the board or (2) public auction or public advertisement for sealed tenders; and provided further that disposition of lands set aside for use as agricultural parks pursuant to chapter 166 shall not be subject to the prior approval of the board. If at the time of the disposition of any such leases the board shall have approved the same, any order withdrawing or setting aside any or all of such lands for any other public purpose shall be made subject to such leases. Subject to section 5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such lands shall be deposited into the appropriate funds provided by law.

A survey of the land to be set aside shall not be a condition precedent to set aside public lands to a department or agency of the State; provided that a subsequent survey of the land set aside shall be binding if ratified by the board of land and natural resources and the governor; provided further that the State, its departments and agencies, and its officials and employees shall be immune from all suits of whatever character, whether sounding in law or in equity, relating to the boundaries of land set aside without a survey.

This section shall also apply where the purposes are the uses and purposes of the United States; provided that all revenues derived from the lands and improvements thereon shall be paid to the department of land and natural resources by the United States.

Whenever lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivisions of the State, or to the United States, are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department. The governor may withdraw public lands and, with the prior approval of the board of land and natural resources, set aside the withdrawn lands to another department or agency of the State, the city and county, county, or political subdivision of the State, or to the United States for public use or purpose, provided that no structure on such lands shall be built, demolished or altered until after the legislative action or inaction as hereinbelow provided.

The power granted to the governor in this section to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside.

Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivision of the State are not presently utilized or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of such lands where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside. All funds derived from disposition by the board shall be deposited in the general fund of the State or be paid to the appropriate account; provided that all such dispositions shall be with the prior written approval of the department, agency, city and county, county, or other political subdivisions of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter. [L 1962, c 32, pt of §2; am L 1963, c 173, §1; am L 1965, c 239, §8; Supp, §103A-11; am L 1967, c 189, §4 and c 234, §1; HRS §171-11; am L 1974, c 16, §1; am L 1981, c 116, §4; am L 1988, c 22, §6; am L 2025, c 82, §2]
Haw. Rev. Stat. § 183-1.5 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-1.5
Duties in general.
Status: in_force

The department shall:

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

(2) Gather and compile information as necessary concerning trees, plants, and shrubs recommended for planting in different localities, including the care and propagation of trees and shrubs for protective, productive, and aesthetic purposes and other useful information, which the department deems proper;

(3) Have the power to manage and regulate all lands which may be set apart as forest reserves;

(4) Devise ways and means of protecting, extending, increasing, and utilizing the forests and forest reserves, more particularly for protecting and developing the springs, streams, and sources of water supply to increase and make that water supply available for use;

(5) Devise and carry into operation, ways and means by which forests and forest reserves can, with due regard to the main objectives of title 12, be made self-supporting in whole or in part;

(6) Devise and carry into operation, ways and means of reforesting suitable state lands;

(7) Formulate and from time to time recommend to the governor and legislature such additional legislation as it deems necessary or desirable for better implementing the objectives of title 12;

(8) Publish, at the end of each year, a report of the expenditures and proceedings of the department and of the results achieved by the department, together with such other matters as are germane to the subject matter under title 12 and which the department deems proper. [L 1903, c 44, pt of §5; am L 1919, c 65, §1; RL 1925, §586; RL 1935, pt of §176; am L 1941, c 228, §1; RL 1945, pt of §1006; RL 1955, pt of §18-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-1; am L 1981, c 85, §3; am L 1985, c 174, §2; am L 1988, c 337, §6; am L 1990, c 315, §3]

Revision Note

This section is former §183-1.
Haw. Rev. Stat. § 189-22 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-22
Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program.
Status: in_force

There is hereby created the Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program which shall be administered by the director in accordance with the spirit and intent of this part.
Haw. Rev. Stat. § 188-40.7 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-40.7
Shark fins; prohibited.
Status: in_force

(a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute shark fins.

(b) Notwithstanding subsection (a), any person who holds a license or permit issued by the department of land and natural resources to conduct research or for educational purposes possesses, sells, offers for sale, trades, or distributes shark fins shall not be subject to the penalties in this section.

(c) Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health under section 321-11 may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption.

(d) Any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:

(1) For a first offense, by an administrative fine of not less than $5,000 and not more than $15,000;

(2) For a second offense, by an administrative fine of not less than $15,000 and not more than $35,000. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A; and

(3) For a third or subsequent offense, by an administrative fine of not less than $35,000 and not more than $50,000 or by imprisonment of not more than one year, or both. In addition, shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section shall be subject to seizure and forfeiture pursuant to chapter 712A.

(e) In addition to any penalties imposed under subsection (d), any person violating this section or any rule adopted under it shall be subject to any other penalties authorized by section 188-70, and may be assessed administrative fees and costs, and attorney's fees and costs.

(f) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(g) For the purpose of this section, "shark fin" means the raw or dried fin or tail of a shark. [L 2010, c 148, §2]
Haw. Rev. Stat. § 188F-1 — HI Code / Division 1 / Title 12 / Chapter 188F / Section 188F-1
Definitions.
Status: in_force

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

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

"Management area" means the West Hawaii regional fishery management area established in section 188F-2.

"Plan" means the West Hawaii regional fishery management area plan established in section 188F-4. [L 1998, c 306, pt of §2]
Haw. Rev. Stat. § 200-2.6 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-2.6
Ala Wai boat harbor; leases.
Status: in_force

The fast lands and submerged lands of the Ala Wai boat harbor that may be leased include the following:

(1) All fast lands and submerged lands described in the request for qualifications or request for proposals issued by the division of boating and ocean recreation of the department on November 25, 2008;

(2) The fast land described as a portion of tax map key: (1) 2-3-37-12, composed of approximately 112,580 square feet, presently used for harbor offices and permitted vehicular parking; and

(3) The fast land described as a portion of tax map key: (1) 2-3-37-12, which is a triangular area located Diamond Head of Mole B, presently used for permitted vehicular parking. [L 2011, c 197, §2]
Haw. Rev. Stat. § 172-3 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-3
Enforcement of payment.
Status: in_force

The attorney general shall proceed at any time after the determination of the commutation due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State. The attorney general may foreclose the lien herein provided by suit in equity as hereinafter provided, and jurisdiction to hear and determine all such suits is hereby conferred upon the respective circuit courts. In any such suit service of process may be made by publication thereof in a newspaper of general circulation in the State once each week for three successive weeks, in form substantially as follows:

FORECLOSURE OF LIEN

FOR COMMUTATION

In the Circuit Court of the State of Hawaii,

.........................Circuit

To (here insert the names of the owners of the property so far as known) and to all whom it may concern:

Whereas, a complaint has been filed by the State to foreclose its lien for commutation to extinguish the government's rights in the following described land:

(Here insert description of land sufficient to identify the same, giving number of land commission award, name of awardee and date of award.)

You are hereby ordered to appear before the Honorable................., circuit judge of the ............... circuit, at the courthouse at ............... on the island of ............... on the ..... day of............... A.D. 19....., at ..... o'clock .....M., to show cause, if any you have, why the complaint of the State to foreclose its lien for the commutation on the above land in the sum of ............... dollars, should not be granted. And unless you appear before the circuit judge at the time and place stated, your default will be entered and the complaint for foreclosure will be taken as confessed and you will be forever barred from contesting the complaint for foreclosure or any decree or order entered thereafter.

Witness the presiding judge of the circuit court, said circuit, this ..... day of ............... 19.....

Attest: ...........................

Clerk.

The return day of the notice shall be not less than twenty-one nor more than sixty days from the date of issue.

A copy of the published notice shall be mailed by the clerk to every person named therein whose address is known. A duly attested copy of the notice shall be sent to the registrar of conveyances, who shall make and keep a record of the notice. The certificate of the clerk of the circuit judge that the clerk has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day and shall be conclusive proof of the service. [L 1909, c 90, §3; RL 1925, §572; RL 1935, §1603; RL 1945, §4633; RL 1955, §100-3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-3; am L 1973, c 31, pt of §21; gen ch 1985]
Haw. Rev. Stat. § 195D-6 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-6
Rules.
Status: in_force

The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.
Haw. Rev. Stat. § 196D-10 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-10
Transfer of functions.
Status: in_force

(a) Those functions identified in paragraphs (1) and (2) insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits and other authorizations issued by agencies with respect to the development, construction, installation, operation, maintenance, repair, and replacement of the project, or any portion or portions thereof, are transferred to the department. With respect to each of the statutory authorities cited in paragraphs (1) and (2), the transferred functions include all enforcement functions of the agencies or their officials under the statute cited as may be related to the enforcement of the terms, conditions, and stipulations of permits, including but not limited to the specific sections of the statute cited. "Enforcement", for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:

(1) Such functions of the land use commission related to: district boundary amendments as set forth in section 205-3.1 et seq.; and changes in zoning as set forth in section 205-5; and

(2) The permit approval and enforcement functions of the director of transportation or other appropriate official or entity in the department of transportation related to permits or approvals issued for the use of or commercial activities in or affecting the ocean waters and shores of the State under chapter 266.

(b) Nothing in this section shall be construed to relieve an applicant from the laws, ordinances, and rules of any agency whose functions are not transferred by this section to the department for the purposes of the project.

(c) This section shall not apply to any permit issued by the public utilities commission under chapter 269.

(d) Notwithstanding any other provision of this chapter, this section shall take effect on July 1, 1989. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 181-5 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-5
Bond.
Status: in_force

Contemporaneously with and as a condition precedent to the issuance of the permit, the operator shall file with the board of land and natural resources and thereafter shall keep in full force and effect until the operator shall be released therefrom as hereinafter provided, a bond payable to the State, conditioned that the operator shall faithfully and fully perform all duties and requirements to be performed and observed by the operator as provided in the permit and by this chapter. The bond shall be signed by the operator as principal and by a surety company authorized to do business in the State. The penalty of the bond shall be in an amount fixed by the board based on the reasonable cost of restoring and rehabilitating the land covered by the permit but not to exceed $300 an acre of land proposed thereafter by the operator to be subjected to strip mining for the ensuing year. The penalty of the bond shall from time to time be increased or reduced by the board pro tanto in accordance with the number of acres added to the land for strip mining operations or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of the operator's performance of the operator's obligations subsequent to the issuance of the permit.

Any operator may execute the bond without surety if the operator deposits with the board cash in the amount of the bond fixed by the board as provided in this section covering the land proposed by the operator to be stripped in the ensuing year and the permit issued shall therefor be limited to the number of acres for which the deposit is made or may be increased later by the board on receipt by it of additional deposits. The deposits shall be retained by the board as a guaranty by the operator for the faithful performance of the operator's bond. Should the operator fail to carry out the requirements set forth in section 181-6 or to carry out the plan of reclamation, the board may cause them to be carried out and may use the funds deposited or may proceed against the bond to pay therefor. The board shall release any bond and shall repay any deposits no longer necessary to be maintained for the purposes of this chapter, upon showing by the operator that this chapter has been complied with. [L 1957, c 161, §6; am L 1959, c 20, §5; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-6; HRS §181-5; gen ch 1985]
Haw. Rev. Stat. § 190-1 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-1
Conservation area; administration.
Status: in_force

All marine waters of the State are hereby constituted a marine life conservation area to be administered by the department of land and natural resources subject to this chapter and any other applicable laws not inconsistent herewith or with any rules adopted pursuant hereto. No person shall fish for or take any fish, crustacean, mollusk, live coral, algae or other marine life, or take or alter any rock, coral, sand or other geological feature within any conservation district established pursuant to this chapter except in accordance with section 190-4 and rules adopted by the department pursuant hereto.
Haw. Rev. Stat. § 196-65 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-65
Hawaii green infrastructure special fund.
Status: in_force

(a) There is established the Hawaii green infrastructure special fund into which shall be deposited:

(1) The proceeds of bonds net of issuance costs and reserves or overcollateralization amounts;

(2) Green infrastructure charges received for the use and services of the loan program, including the repayment of loans made under the loan program;

(3) All other funds received by the department or the authority and legally available for the purposes of the green infrastructure special fund;

(4) Interest earnings on all amounts in the green infrastructure special fund; and

(5) Such other moneys as shall be permitted by an order of the public utilities commission.

The Hawaii green infrastructure special fund shall not be subject to section 37-53. Any amounts received from green infrastructure charges or any other net proceeds earned from the allocation, use, expenditure, or other disposition of amounts approved by the public utilities commission and deposited or held in the Hawaii green infrastructure special fund in excess of amounts necessary for the purposes of subsection (b) shall be credited to electric utility customers as provided in a green infrastructure loan program order or orders. Funds that are transferred back to the electric utility in order to credit electric utility customers under this subsection shall not be considered revenue of the electric utility and shall not be subject to state or county taxes.

(b) Moneys in the Hawaii green infrastructure special fund may be used, subject to the approval of the commission, for the purposes of:

(1) Making green infrastructure loans, including for installation costs for energy-efficient lighting and other energy-efficiency measures, to finance the option to purchase solar energy systems and other clean energy equipment under existing power purchase agreements and energy performance contracts, finance the purchase or lease of electric vehicles, and to install electric vehicle charging systems;

(2) Creating a $50,000,000 sub-fund, as a revolving line of credit within the Hawaii green infrastructure special fund, for any state agency to obtain financing to implement cost-effective energy-efficiency measures, finance the option to purchase solar energy systems and other clean energy equipment under existing power purchase agreements and energy performance contracts, finance the purchase or lease of electric vehicles, and install electric vehicle charging systems;

(3) Paying administrative costs of the Hawaii green infrastructure loan program;

(4) Paying any other costs related to the Hawaii green infrastructure loan program; or

(5) Paying financing costs, as defined in section 269-161, to the extent permitted by the commission in a financing order issued pursuant to section 269-163.

(c) The authority may invest funds held in the Hawaii green infrastructure special fund in investments as permitted by law, and in accordance with approved investment guidelines established in one or more orders issued by the public utilities commission pursuant to section 269-171. All amounts in the Hawaii green infrastructure special fund shall be exempt from all taxes and surcharges imposed by the State or the counties. [L 2013, c 211, pt of §2; am L 2017, c 57, §2; am L 2018, c 121, §5; am L 2021, c 107, § 6]
Haw. Rev. Stat. § 171-92 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-92
Existing public leases.
Status: in_force

Where a person has an unexpired lease, including a residential lease, of public land damaged by a natural disaster and rebuilding on such land is not prohibited, the board of land and natural resources may negotiate an extension of the lease to make it economically feasible to rebuild, or may, by mutual agreement with the lessee and the holder of record having security interest, cancel the unexpired term of the lease and negotiate a new lease with the person.
Haw. Rev. Stat. § 183C-1 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-1
Findings and purpose.
Status: in_force

The legislature finds that lands within the state land use conservation district contain important natural resources essential to the preservation of the State's fragile natural ecosystems and the sustainability of the State's water supply. It is therefore, the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety and welfare.
Haw. Rev. Stat. § 190D-35 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-35
Civil liability.
Status: in_force

Any person who wilfully or recklessly damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board, or who wilfully or recklessly damages, disturbs, interferes with, 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 subject to civil proceedings initiated by any person damaged thereby, notwithstanding the result in any criminal proceedings commenced under section 190D-36.
Haw. Rev. Stat. § 172-4 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-4
General default.
Status: in_force

If no person appears and answers within the time allowed, the judge may at once upon motion of the State order a general default to be recorded and the complaint for foreclosure of the government's lien for commutation to be taken as confessed. By the description in the notice "to all whom it may concern", all the world is made party defendant and shall be concluded by the default and order.
Haw. Rev. Stat. § 200-36 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-36
Preemption of local law and special rules.
Status: in_force

If any ordinance or rule of any county of the State conflicts or is inconsistent with this part or with the rules adopted pursuant thereto, the ordinance or rule shall be void.

Any county of the State, at any time, may make formal request to the chairperson for the department to adopt special rules with reference to the operation and use of vessels on any waters within its jurisdiction. The request shall set forth the reasons which make these special rules necessary or appropriate.

The department may make special rules with reference to the operation and use of vessels on any waters of the State as may be reasonably necessary to implement the declared policy of section 200-21. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 180-8 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-8
Organization of district.
Status: in_force

To complete the organization of the district, the department of land and natural resources shall present to the lieutenant governor a statement setting out the name of the district and its boundaries, and certifying that the procedures prescribed in this chapter for the organization of a district have been fully complied with in organizing this district. The statement shall request the lieutenant governor to issue a certificate of organization to the district. The lieutenant governor shall record the statement in the lieutenant governor's office and shall issue to the directors of the district a certificate, under the seal of the State, of the due organization of the district.
Haw. Rev. Stat. § 180-13 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-13
Powers of districts and directors.
Status: in_force

A district organized under this chapter, and the directors thereof, shall have, in addition to other powers granted in this chapter, the power to:

(1) Provide for and encourage surveys, investigations, and research relating to soil and water conservation, and publish and disseminate information concerning such subjects;

(2) Provide for and encourage demonstrations relative to control and prevention of erosion and conservation of soil and water resources, and carry out preventive and control measures, on publicly owned lands within the district with the consent of the agency having jurisdiction thereof, and on other lands with the consent of the occupier of the lands;

(3) Cooperate or enter into agreements with, and furnish financial or other aid, including machinery, equipment, fertilizer, seeds, and other material, to any agency or any occupier of lands within the district, for carrying on soil and water control conservation and operations, subject to such conditions as the directors may deem necessary;

(4) Acquire property, real or personal, or rights or interest therein; maintain, administer, and improve the property, receive income from it, and expend the income in carrying out the purposes of this chapter; and sell, lease, or otherwise dispose of any of such property;

(5) Construct, improve, and maintain any structures necessary for carrying out the purposes of this chapter;

(6) Develop plans for conservation of soil and water resources and control and prevention of erosion within the district, and publish or otherwise bring them to the attention of district land occupiers;

(7) Accept contributions in money, services, materials or otherwise from any source, and use or expend them in carrying out its operations;

(8) Sue and be sued; have a seal, which seal shall be judicially noticed; and make and execute any necessary contracts or other instruments;

(9) As a condition to the extending of benefits, or the performance of work upon lands under this chapter, require land occupiers to contribute money, services, materials, or otherwise to any operations conferring such benefits, and impose any other reasonable conditions therefor;

(10) Form associations to coordinate their policies, objectives, and actions, with power to create staffs, set policies, obtain and administer soil and water conservation district program funds, provide surety bonds, coordinate soil and water conservation district projects, and conduct director training. Other powers shall require the approval of the districts; and

(11) Appoint associate directors to aid districts, but without director voting powers. [L 1947, c 191, §7; RL 1955, §28-16; HRS §180-13; am L 1991, c 94, §4]
Haw. Rev. Stat. § 171-37.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-37.5
Withdrawal or taking of leased land; fair compensation.
Status: in_force

(a) Upon a withdrawal or taking of leased land pursuant to section 171-37(3) that causes any portion of the land to become unusable for the specific use or uses for which it was leased, the lease rent shall be reduced in proportion to the value of the land withdrawn or made unusable; provided that if any permanent improvement made to or constructed upon the land by the lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value thereof shall be paid to the lessee based upon the unexpired term of the lease. No land that is under cultivation shall be withdrawn or taken until the crops are harvested, unless the board pays the lessee the value of the crops.

Upon a withdrawal, any person with a long-term lease shall be compensated for the present value of all permanent improvements in place at the time of the withdrawal that were legally made to or constructed upon the land by the lessee of the leased land being withdrawn.

In the case of tree-crops, as defined in section 171-37, the board shall pay to the lessee the residual value of the trees taken and, if there are unharvested crops, the value of the crops.

In the case of breeding livestock that cannot be relocated or marketed for the breeding value, the board shall pay to the lessee the difference between the appraised breeding value and the salvage value, including the cost of transportation to a market on the island on which the leased land is located. If there is disagreement between the board and the lessee as to the number of breeding livestock that cannot be relocated or marketed for breeding value, the issue shall be submitted to the department of agriculture and biosecurity to make a determination, which shall be final. The appraised breeding value shall be the fair market value of the livestock, as opposed to net present value, at the time the board approves the withdrawal or taking of a portion or all of the leased land. The fair market value shall be determined by:

(1) An employee of the department of agriculture and biosecurity qualified to appraise livestock; or

(2) A disinterested livestock appraiser whose services shall be contracted for by the board,

and the lessee shall be promptly notified of the determination; provided that should the lessee fail to agree upon the fair market value, the lessee may appoint the lessee's own livestock appraiser who together with the board's appraiser shall appoint a third appraiser and the fair market value shall be determined by arbitration as provided in chapter 658A. The lessee shall pay for the lessee's own livestock appraiser, the board shall pay for the board's livestock appraiser, and the cost of the third livestock appraiser shall be borne equally by the lessee and the board. Whenever more than one livestock appraiser is appointed, each shall prepare and submit an independent appraisal report.

(b) In addition to compensation received under subsection (a) or section 171-38, a lessee shall be entitled to compensation for costs attributable to the diminished use of the leased land, including reimbursement for the cost of any insurance required by the board to be maintained, or property tax paid, by the lessee on the portion of the leased land withdrawn or taken; provided that a lessee of land subject to easements shall be entitled to compensation under this subsection only if the easements are placed upon the land subsequent to the original lease and prevent the lessee from using the land for the original intended use. [L 2013, c 234, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 174C-52 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-52
Notice.
Status: in_force

(a) Upon receipt of the application, the commission shall cause a notice thereof to be published in a newspaper having general circulation within the affected area. The notice shall be published at least once a week for two consecutive weeks. In addition, the commission shall cause a copy of such notice to be sent to any person who has filed a written request for notification of any pending applications affecting a particular designated area and to the mayor and the water board of the affected county. This notification shall be sent by regular mail before the date of last publication. The commission shall also make available to the public, upon request, a monthly bulletin of all pending applications.

(b) The notice and the monthly bulletin shall contain the name and address of the applicant; the date of filing; the date set for a hearing, if any; the source of the water supply; the quantity of water applied for; the use to be made of the water and any limitations thereon; the place of the use; and the location of the well point or diversion.

(c) The notice shall state that written objections to the proposed permit may be filed with the commission by a specified date. The commission shall establish by rules the time limits within which objections must be filed. The commission, at its discretion, may request further information from either applicant or objectors, and a reasonable time shall be allowed for such responses. Each applicant shall be notified by the commission of the objections filed to an application. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 183D-27 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-27
Night hunting on private lands; prohibition.
Status: in_force

(a) Notwithstanding section 183D-26, no person shall take or pursue any game bird, game mammal, wild bird, or wild mammal at night on privately owned lands, except as authorized by the department pursuant to section 183D-61. For the purpose of this section, "night" means the period between one-half hour after sunset and one-half hour before sunrise.

(b) For purposes of this section, the fact that the person is found upon any privately owned agricultural land shall be prima facie evidence that the person knew that the person had entered privately owned agricultural land.

(c) If the offense occurs on agricultural land, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit the offense, or that facilitated or assisted the activity, and any proceeds or other property acquired or maintained with the proceeds from the offense may be ordered forfeited to the State, subject to the requirements of chapter 712A. [L 1985, c 174, pt of §4; am L 1987, c 156, §1; am L 2025, c 235, §37]
Haw. Rev. Stat. § 187A-9 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-9
Federal aid in sport fish restoration.
Status: in_force

The State hereby assents to the provisions of the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative aquatic life restoration, management, development, aquatic education, and recreational boating access projects, as defined in the Act of Congress and in compliance with the Act and regulations adopted by the Secretary of the Interior thereunder; provided that federal aid funds granted under the Act shall be used for the purposes of approved projects, and no funds accruing to the State from license fees paid by sport fishers, including any interest, dividend, or other income earned from the license fees, shall be diverted for any purpose other than as provided for in the Act and regulations adopted pursuant thereto.