Haw. Rev. Stat. § 171-30 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-30
Acquisition of real property; general.
Status: in_force

(a) Except as provided in section 26-19(f), the board shall have the exclusive responsibility, except as provided herein, of acquiring, including by way of dedications:

(1) All real property or any interest therein and the improvements thereon, if any, required by the State for public purposes, including real property together with improvements, if any, in excess of that needed for the public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with the improvements; and

(2) Encumbrances, in the form of leases, licenses, or otherwise on public lands, needed by any state department or agency for public purposes or for the disposition for houselots or for economic development.

The board shall upon the request of and with the funds from the state department or agency effectuate all acquisitions as provided under this section.

The acceptance by the territorial legislature or the legislature of a dedication of land in the Kakaako community development district by a private owner is sufficient to convey title to the State.

(b) Except as provided in subsection (c), the department of accounting and general services shall be responsible for the acquisition of any office space in a nonstate owned building for use by a state department or agency.

(c) A state department or agency may directly acquire such real property for its purposes whenever the acquisition by the department or agency is required to conform to mandatory requirements of the United States in the case where federal funds are furnished to the department or agency.

(d) Property which may be acquired under this section includes all real property together with all structures and improvements thereon, franchises or appurtenances thereunto belonging, water, water rights, easements, and interests in land of every nature.

(e) The appraisal of private property to be acquired by the State may be performed by not more than three disinterested appraisers whose services shall be contracted for by the State, and no land shall be purchased for a sum greater than the highest value fixed by the appraiser or appraisals; provided that the State, after review of the appraisals by the appraiser or appraisers or the attorney general, may purchase the property at a value greater than the highest value if the higher value is determined by the appraiser or appraisers or the attorney general to be justified and within the range of market value; provided further that this limitation shall not apply where acquisition is by condemnation. After the private property has been acquired or the State abandons the acquisition, these appraisal reports shall be available for inspection and copying by the public. [L 1962, c 32, pt of §2; am L 1965, c 239, §15; Supp, §103A-30; HRS §171-30; am L 1989, c 49, §1; am L 1993, c 132, §2; am L 2016, c 232, §1; am L 2024, c 109, §3]
Haw. Rev. Stat. § 174-10 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-10
Eligibility of revenue bonds for investment.
Status: in_force

It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance company, building and loan association, savings bank, trust company, or any bank or other financial institution operating under the laws of the State, or for any personal representative, guardian, trustee, or other fiduciary, or any educational, charitable, or eleemosynary institution to invest their funds or moneys in their custody in the revenue bonds issued hereunder; provided that the foregoing shall not be deemed to obviate or otherwise affect any statutory or other requirement with respect to the use of judgment and care in investing any such funds. No holder of any revenue bonds issued hereunder, however, shall have the right to compel any exercise of the taxing power of the State to pay the bonds or interest thereon.
Haw. Rev. Stat. § 186-7 — HI Code / Division 1 / Title 12 / Chapter 186 / Section 186-7
§§186-7 to 186-10 REPEALED.
Status: repealed

§§186-7 to 186-10 REPEALED. L 1989, c 50, §§7 to 10.
Haw. Rev. Stat. § 195-2 — HI Code / Division 1 / Title 12 / Chapter 195 / Section 195-2
Definitions.
Status: in_force

As used in this chapter, unless otherwise indicated by the context:

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

"Commission" means the natural area reserves system commission.

"Cooperating entity" or "cooperator" means a private nonprofit land-holding organization or any other body deemed by the department as satisfactorily able to assist in the identification, acquisition, and management of natural area reserves.

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

"Heritage program" means a comprehensive natural resource inventory data base for public information that includes the location of rare plants, animals, and natural communities (ecosystems) in the State.

"Landowner" means any person or entity having the fee simple interest in land in the State.

"Natural area reserve" means an area designated as a part of the Hawaii natural area reserves system, pursuant to criteria established by the commission. [L 1970, c 139, pt of §1; am L 1987, c 350, §2; am L 1991, c 326, §2]
Haw. Rev. Stat. § 200-5 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-5
Commercial harbors excluded.
Status: in_force

For purposes of this chapter, ocean waters and navigable streams shall not include the commercial harbors of the State.
Haw. Rev. Stat. § 187A-3.5 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-3.5
Aquaculturist license and license to sell prohibited aquatic life.
Status: in_force

(a) Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department may issue to any qualified aquaculturist a license to fish, possess, rear, and sell any aquatic life whose fishing, possession or sale is prohibited by closed season, minimum size, or bag limit; provided that the qualified aquaculturist rears or reared the aquatic life in an aquaculture facility.

(b) The department may further issue to any person a license to possess or sell or offer for sale any aquatic life whose possession or sale is prohibited by a closed season, minimum size, or bag limit; provided that the aquatic life was reared by a licensed qualified aquaculturist in an aquaculture facility pursuant to subsection (a).

(c) The department may adopt rules pursuant to chapter 91, to implement this section by establishing the licenses, fees, and terms or conditions necessary for the fishing, possession, or sale of aquatic life whose fishing, possession, or sale is prohibited by closed season, minimum size, or bag limit. [L 1995, c 111, §1]
Haw. Rev. Stat. § 189-6 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-6
Licenses for marine life from waters not within state jurisdiction.
Status: in_force

Any other provision of law to the contrary notwithstanding, wherever the possession or sale of marine life or products within the State is prohibited as for instance by a closed season, the prohibition shall not apply where the marine life or products have been taken from or caught outside of the waters of the State and the possession or sale has been licensed by the department of land and natural resources under rules adopted by the department. The department may make rules pursuant to chapter 91 governing the issuance, suspension, and revocation and all other terms of the licenses. In addition, the department may specify in the rules that any berried, undersized, or out-of-season lobsters taken from the waters of the Northwestern Hawaiian Islands may not be possessed and sold under authority of the license.
Haw. Rev. Stat. § 198-6 — HI Code / Division 1 / Title 12 / Chapter 198 / Section 198-6
Construction.
Status: in_force

This chapter shall not be construed to imply that any easement, covenant, condition, or restriction which does not have the benefit of this chapter shall on account of any provisions of this chapter be unenforceable. Nothing in this chapter shall diminish the powers granted by any general or special law to acquire, by purchase, gift, eminent domain, or otherwise, and to use land for public purposes.
Haw. Rev. Stat. § 200-54 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-54
Disposition of proceeds.
Status: in_force

The authorized seller of the vessel shall be entitled to the proceeds of the sale to the extent of the compensation that is due the seller for services rendered in connection with the vessel, including reasonable and customary charges for towing, handling, and storage, and the cost of notices and advertising required by this part. A lien holder shall receive priority in payment from the balance to the extent of the lien holder's lien. Any remaining balance shall be forwarded to the registered owner of the vessel, if the registered owner can be found. If the registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the registered owner of the vessel, if a proper claim is filed thereof within one year from the execution of the sale agreement. If no claim is made within the year allowed, the money shall become a state realization.
Haw. Rev. Stat. § 188-46 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-46
REPEALED.
Status: in_force

L 1999, c 85, §§14, 17; L 2002, c 151, §1.
Haw. Rev. Stat. § 183D-52 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-52
[ §183D-52] Interisland transportation and possession of wild or feral deer prohibited.
Status: in_force

[ §183D-52] Interisland transportation and possession of wild or feral deer prohibited. No person shall intentionally, knowingly, or recklessly possess, transfer, transport, or release after transport through interisland movement any live wild or feral deer unless permitted by the department or other department of the State.
Haw. Rev. Stat. § 187A-32 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-32
Alien aquatic organisms; lead agency; rules.
Status: in_force

(a) The department is designated as the lead state agency for preventing the introduction and carrying out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organisms. The department may establish an interagency team to address the concerns relating to alien aquatic organisms.

(b) The department may adopt rules in accordance with chapter 91, including penalties, to carry out the purposes of this part. The rules may include standards for the department and the United States Coast Guard to use as part of their respective inspection protocols. The rules may also include implementation of a course of action in relation to the arrival or pending arrival of a high risk vessel.

(c) The governor may enter into an agreement with the United States Secretary of Transportation to carry out the purposes of this part, including but not limited to the enforcement of state law. [L 2000, c 134, pt of §2]
Haw. Rev. Stat. § 188-70 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-70
Penalties.
Status: in_force

(a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23, 188-39.5, and 188-40.8, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined no less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

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

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

(1) For a first offense, up to $100 or the retail market value of the specimen, whichever is higher;

(2) For a second offense, up to $200 or the retail market value of the specimen, whichever is higher; and

(3) For a third or subsequent offense, up to $500 or the retail market value of the specimen, whichever is higher.

(c) Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the environmental court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000. Notwithstanding section 706-669 and any other law to the contrary, any person in violation of section 188-23(b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole of thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.

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

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

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

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

(2) Engaging in certain fishing activities;

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

(4) Taking or possessing certain species of aquatic life. [L 1981, c 85, §77; am L 1988, c 374, §2; am L 1993, c 256, §4; am L 1999, c 195, §6; am L 2009, c 92, §3; am L 2014, c 218, §8; am L 2016, c 67, §2; am L 2017, c 12, §10; am L 2021, c 51, §3; am L 2022, c 35, §4]
Haw. Rev. Stat. § 174C-45 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-45
Surface water criteria for designation.
Status: in_force

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

(1) Whether regulation is necessary to preserve the diminishing surface water supply for future needs, as evidenced by excessively declining surface water levels, not related to rainfall variations, or increasing or proposed diversions of surface waters to levels which may detrimentally affect existing instream uses or prior existing off stream uses;

(2) Whether the diversions of stream waters are reducing the capacity of the stream to assimilate pollutants to an extent which adversely affects public health or existing instream uses; or

(3) Serious disputes respecting the use of surface water resources are occurring. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 183C-7 — HI Code / Division 1 / Title 12 / Chapter 183C / Section 183C-7
Penalty for violation.
Status: in_force

(a) The department shall prescribe administrative procedures as it deems necessary for the enforcement of this chapter and any zoning rule adopted in accordance therewith. These rules may be enforced by court order at the suit of the department or of the owner or owners of real estate directly affected by the rules. The provisions of section 607-25 shall apply to this chapter.

(b) Any person violating this chapter or any rule adopted in accordance with this chapter shall be fined not more than $15,000 per violation in addition to administrative costs, costs associated with land or habitat restoration, and damages to public land or natural resources, or any combination thereof. After written or verbal notification from the department, wilful violation of this chapter or any rule adopted in accordance with this chapter may incur an additional fine of up to $15,000 per day per violation for each day in which the violation persists. The board may set, charge, and collect the fine based on the value of the natural resource that is damaged, the market value of the natural resource damaged, and any other factor it deems appropriate, such as the loss of the natural resource to its natural habitat and environment and the cost of restoration or replacement. The remedies provided for in this subsection are cumulative and in addition to any other remedies allowed by law.

(c) This section shall not be construed to prohibit any person from exercising native Hawaiian gathering rights or traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii constitution. [L 1994, c 270, pt of §1; am L 2003, c 16, §1; am L 2008, c 217, §1]
Haw. Rev. Stat. § 200-27 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-27
Police reports.
Status: in_force

For the purpose of enforcement, it shall be incumbent upon the director of law enforcement and the police chief of each county to transmit to the department a copy of every investigation report submitted by the director of law enforcement and the police chief's subordinate officers which relate to boating accidents or the theft, loss, or recovery of vessels required to be registered and numbered pursuant to section 200-31.
Haw. Rev. Stat. § 181-9 — HI Code / Division 1 / Title 12 / Chapter 181 / Section 181-9
Penalty; injunction.
Status: in_force

Any person violating section 181-3(a) shall forfeit to the State not more than $5,000 for every violation, to be recovered by action brought in the name of the State by the board of land and natural resources. Any person violating section 181-3(a) or this chapter or any permit issued pursuant thereto may be enjoined by the circuit environmental court from continuing the violation. The penalty and remedy provided by this section shall be in addition to any criminal or civil penalty provided by any other law.
Haw. Rev. Stat. § 188-22.6 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-22.6
Designation of community-based subsistence fishing area.
Status: in_force

(a) The department of land and natural resources may designate community-based subsistence fishing areas and carry out fishery management strategies for such areas, through administrative rules adopted pursuant to chapter 91, for the purpose of reaffirming and protecting fishing practices customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion.

(b) Proposals may be submitted to the department of land and natural resources for the department's consideration. The proposal shall include:

(1) The name of the organization or group submitting the proposal;

(2) The charter of the organization or group;

(3) A list of the members of the organization or group;

(4) A description of the location and boundaries of the marine waters and submerged lands proposed for designation;

(5) Justification for the proposed designation including the extent to which the proposed activities in the fishing area may interfere with the use of the marine waters for navigation, fishing, and public recreation; and

(6) A management plan containing a description of the specific activities to be conducted in the fishing area, evaluation and monitoring processes, methods of funding and enforcement, and other information necessary to advance the proposal.

Proposals shall meet community-based subsistence needs and judicious fishery conservation and management practices.

(c) For the purposes of this section:

(1) "Native Hawaiian" means any descendant of the races inhabiting the Hawaiian Islands prior to 1778; and

(2) "Subsistence" means the customary and traditional native Hawaiian uses of renewable ocean resources for direct personal or family consumption or sharing. [L 1994, c 271, §1]
Haw. Rev. Stat. § 200-28 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-28
Duty of operator involved in, and at the scene of, a boating accident; limitations on liability.
Status: in_force

(a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator's own vessel, or person aboard, shall render such assistance as may be practicable and necessary to other persons and any property in order to save them from danger caused by the accident. The operator shall also make every reasonable effort to identify oneself by giving the operator's name and address and the identification of the vessel the operator was operating to:

(1) All persons injured;

(2) All owners of properties damaged; and

(3) All operators of other vessels involved in the accident.

It shall further be the operator's duty to reasonably cooperate with all duly authorized personnel of governmental agencies investigating the accident.

(b) Any person who renders assistance in compliance with subsection (a) and any person who in good faith without remuneration or expectation of remuneration renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be liable for any civil damages resulting from the person's acts or omissions in providing or arranging towage, medical treatment, or other assistance, except for damages as may result from the person's gross negligence or wanton acts or omissions. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 171-74 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-74
Qualifications of lessees.
Status: in_force

To qualify for a residential lease under this part, the lessee shall:

(1) Be of legal age and have at least one person, related to the lessee by blood or marriage and solely dependent upon the lessee for support, who will occupy the premises with the lessee; provided that this requirement shall not apply to a husband and wife or to reciprocal beneficiaries who are joint lessees, even if both are employed;

(2) Be a citizen and a resident of the State for not less than five years immediately preceding the issuance of the lease;

(3) Have a gross income not in excess of $20,000 a year, including the gross income of the lessee's spouse or reciprocal beneficiary. In determining gross income, the standard income tax exemption for each of the lessee's dependents, as determined by the income tax laws of the State, shall be allowed; and

(4) Have such other qualifications as may be established by the board of land and natural resources.

Any person who, after taking a residential lease, through change or circumstances, loses the qualifications initially required of the person or becomes disqualified to take a residential lease, shall not thereby be required to surrender the person's residential lease, but shall be entitled to continue to hold the same. [L 1962, c 32, pt of §2; Supp, §103A-70; HRS §171-74; am L 1970, c 184, §5; gen ch 1985; am L 1997, c 383, §35]
Haw. Rev. Stat. § 180-9 — HI Code / Division 1 / Title 12 / Chapter 180 / Section 180-9
Renewal of petition to create.
Status: in_force

After six months after the date of a determination by the department of land and natural resources that the operation of a proposed district would not be administratively practicable and feasible, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid.
Haw. Rev. Stat. § 171-7 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-7
General duties of the board.
Status: in_force

Except as provided by law, the board of land and natural resources through the chairperson shall:

(1) Maintain an accurate inventory of public lands;

(2) Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;

(3) Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the animals according to law;

(4) Enter on any public land in order to take possession thereof, and to resume possession of, any public land in case of surrender, forfeiture, or escheat;

(5) Enforce contracts respecting sales, leases, licenses, permits, or other disposition of public lands;

(6) Conduct all public auctions, lotteries, and sales pertaining to the disposition of public lands and other property authorized by the board;

(7) Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property;

(8) Bring actions and proceedings as may be necessary to carry out the powers and duties of the board in the name of the State and defend these actions brought against the State as may be authorized;

(9) Keep a record of all official transactions relating to public lands within the chairperson's jurisdiction, which shall be a public record; and

(10) Administer oaths in all matters pertaining to the administration of the public lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-7; HRS §171-7; am L 1984, c 154, §1; gen ch 1985, 1993; am L 2025, c 225, §3]
Haw. Rev. Stat. § 200D-4 — HI Code / Division 1 / Title 12 / Chapter 200D / Section 200D-4
Annual meeting.
Status: in_force

The council shall schedule and conduct a meeting in accordance with chapter 92 in each year of its operation.
Haw. Rev. Stat. § 171-50.1 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-50.1
Acquisition of lands for exchange under chapter 516.
Status: in_force

The board may acquire private lands by negotiated purchase to be exchanged to effect the conversion of leasehold lands to fee simple ownership under section 171-50.2. The legislature declares that such acquisition is for the public purpose of encouraging home ownership on as widespread a basis as possible.
Haw. Rev. Stat. § 183D-34 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-34
Private and commercial shooting preserve and farmer's license.
Status: in_force

(a) For the purpose of encouraging private and commercial shooting preserves, game bird farming, and the domestication and propagation of game birds, a license authorizing the licensee to engage in the business of conducting a private and commercial shooting game preserve, or breeding and selling game birds, as limited in this section, shall be issued by the department pursuant to rules as may be adopted by the department, to any responsible resident person duly applying therefor. The licenses shall expire on June 30 of each year.

(b) The fee for private and commercial shooting preserves and farmer's licenses shall be set by the department; provided that the department may authorize any governmental agency to breed and sell game birds, and may authorize any person to possess lawfully obtained game birds. The fees collected under this subsection shall be deposited into the wildlife revolving fund under section 183D-10.5. [L 1985, c 174, pt of §4; am L 1995, c 135, §§1, 3; am L 1996, c 50, §3; am L 1999, c 224, §3; am L 2007, c 129, §4]
Haw. Rev. Stat. § 172-7 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-7
Unsurveyed lands; listing by comptroller.
Status: in_force

The comptroller shall prepare a list of all ahupuaas, iliainas, and leles within the State (including those owned by the government), on which there has been no legal description of survey determined by metes and bounds, either by incorporation of same in land commission award, or patent in confirmation of award, or patent grant, or government deed, or deed of the commissioners of crown lands, or land court survey, or certificate of boundaries, or by decree of a court of competent jurisdiction of the State.
Haw. Rev. Stat. § 196-69 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-69
] Reporting; annual report.
Status: in_force

The authority shall submit a report to the legislature on the authority's activities in administering the loan program no later than twenty days prior to the convening of each regular session beginning with the regular session of 2015. The report shall include a description and uses of the loan program; summary information and analytical data concerning the implementation of the loa n program; summary information and analytical data concerning deployment of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure , programs, and services; and repayments made or credits provided to electric utility customers under this part or chapter 269, part X.
Haw. Rev. Stat. § 195D-9 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-9
Penalty.
Status: in_force

(a) Any person who violates any of the provisions of this chapter or the provisions of any rule adopted pursuant to this chapter shall be guilty of:

(1) A misdemeanor for a first offense, punishable by a fine of no less than $250 or by imprisonment of no more than one year, or both; and

(2) A class C felony for a second or subsequent offense and upon conviction shall be subject to one or any combination of the following:

(A) A fine of no less than $1,000;

(B) Imprisonment of no more than two years; or

(C) Rehabilitative community service.

(b) In addition to the above penalties, except for violations under approved habitat conservation plans under section 195D-21 or approved safe harbor agreements under section 195D-22 as determined by the board, a fine of $5,000 for each specimen of a threatened species and $10,000 for each specimen of an endangered species intentionally, knowingly, or recklessly killed or removed from its original growing location, shall be levied against the convicted person.

(c) The disposition of fines collected for violations of the provisions concerning wildlife conservation shall be subject to section 183D-10.5.

(d) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder. The administrative fines shall be as follows:

(1) For a first violation, a fine of no less than $2,500 and no more than $5,000 or rehabilitative community service, or both;

(2) For a second violation, a fine of no less than $5,000 and no more than $10,000 or rehabilitative community service, or both; and

(3) For a third or subsequent violation, a fine of no less than $10,000 and no more than $20,000 or rehabilitative community service, or both.

(e) In addition, an administrative fine of up to $10,000 or rehabilitative community service, or both, may be levied for each specimen of wildlife or plant taken, killed, injured, or damaged in violation of this chapter or any rule adopted thereunder.

(f) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1975, c 65, pt of §1; am L 1983, c 111, §10; am L 1988, c 67, §3; am L 2001, c 93, §2; am L 2025, c 98, §3]
Haw. Rev. Stat. § 190-3 — HI Code / Division 1 / Title 12 / Chapter 190 / Section 190-3
Rules.
Status: in_force

The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe and limit the methods of fishing, including the type and mesh and other description of nets, traps, and appliances, and otherwise regulate the fishing and taking of marine life either generally throughout the State or in specified districts or areas. The rules shall upon taking effect supersede any state laws inconsistent therewith.
Haw. Rev. Stat. § 180C-4 — HI Code / Division 1 / Title 12 / Chapter 180C / Section 180C-4
Department of health.
Status: in_force

The department of health shall adopt conservation standards within ninety days after passage of this chapter. Upon the failure of any county or counties to enact soil erosion and sediment control ordinances within one year from the date of this bill, the department of health shall then, promulgate rules and regulations within one hundred eighty days, to be effective within those counties failing to enact such ordinances.
Haw. Rev. Stat. § 171-61 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-61
Cancellation, surrender.
Status: in_force

When public land is disposed of with a building requirement and, thereafter, prior to the erection of the building, the land becomes or is discovered to be unfit for the erection of the building, or by change of conditions it becomes impossible or impractical to erect the building, the board of land and natural resources may cancel the disposition, repossess the land, and return to the party from the special land and development fund, notwithstanding the order of priority set forth, the aggregate amount of principal and interest theretofore paid by the party.

Whenever land or a portion thereof under lease can be re-leased or sold for a higher and better use, or for the existing use to a greater economic benefit to the State, the board, subject to the consent of the lessee, the lessee's successors, or assigns, and each holder of record having a security interest, may cancel the lease without compensation to the lessee or withdraw a portion of the land from the lease and re-lease or sell the same; provided that in the event of withdrawal of a portion, the board may in its discretion allow a proportionate reduction in rent; and provided further that in the event buildings and improvements have been erected by the lessee, as permitted under the lease, on the land or portion thereof under lease affected by the cancellation or withdrawal, the board shall pay to the lessee a sum not to exceed the replacement value, less depreciation at the rates used for real property tax purposes. [L 1962, c 32, pt of §2; Supp, §103A-57; am L 1967, c 234, §12; HRS §171-61; am L 1973, c 49, §1; gen ch 1985]
Haw. Rev. Stat. § 196D-7 — HI Code / Division 1 / Title 12 / Chapter 196D / Section 196D-7
Streamlining activities.
Status: in_force

In administering the consolidated permit application and review process, the department shall:

(1) Monitor all permit applications submitted under this chapter and the processing thereof on an ongoing basis to determine the source of any inefficiencies, delays, and duplications encountered and the status of all permits in process;

(2) Adopt and implement needed streamlining measures identified by the interagency group, in consultation with those agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and with members of the public;

(3) Design, in addition to the consolidated permit application form, other applications, checklists, and forms essential to the implementation of the consolidated permit application and review process;

(4) Recommend to the legislature, as appropriate, suggested changes to existing laws to eliminate any duplicative or redundant permit requirements;

(5) Coordinate with agencies to ensure that all standards used in any agency decisionmaking for any required permits are clear, explicit, and precise; and

(6) Incorporate, where possible, rebuttable presumptions based upon requirements met for permits issued previously under the consolidated permit application and review process. [L 1988, c 301, pt of §1]
Haw. Rev. Stat. § 198D-7.6 — HI Code / Division 1 / Title 12 / Chapter 198D / Section 198D-7.6
Limitation on liability.
Status: in_force

The State shall not be liable for any injury to any person arising from the person's use of unimproved lands owned or controlled by the State and regulated under section 198D-6, unless the injury results from gross negligence on the part of the State.
Haw. Rev. Stat. § 182-15 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-15
Other use of surface of state lands.
Status: in_force

Where mining leases are granted on state lands, the board may reserve to the State the right to lease, sell, or otherwise dispose of the surface of the lands embraced within the lease. The lease, sale, or other disposal of the surface, if made, shall be subject to the rights of the holder of the mining lease.
Haw. Rev. Stat. § 173A-2.6 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-2.6
Land acquisition priorities.
Status: in_force

In advising the department and the board, the commission shall give the following lands priority in its recommendations for acquisitions:

(1) Lands having exceptional value due to the presence of:

(A) Unique aesthetic resources;

(B) Unique and valuable cultural or archaeological resources; or

(C) Habitats for threatened or endangered species of flora, fauna, or aquatic resources;

(2) Lands that are in imminent danger of development;

(3) Lands that are in imminent danger of being modified, changed, or used in a manner to diminish its value;

(4) Lands providing critical habitats for threatened or endangered species that are in imminent danger of being harmed or negatively impacted;

(5) Lands containing cultural or archaeological sites or resources that are in danger of theft or destruction; and

(6) Lands that are unique and productive agricultural lands. [L 2006, c 254, pt of §1]
Haw. Rev. Stat. § 173A-9 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-9
Grants to state agencies, counties, and nonprofit land conservation organizations.
Status: in_force

After consultation with the senate president and speaker of the house of representatives, and subject to the approval of the governor, the board may make grants to state agencies, counties, and nonprofit land conservation organizations from available funds for the purchase or acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the purchase of permanent conservation easements under chapter 198, and approved for purchase or acquisition by the board , or for the operation, maintenance, and management of lands acquired under this chapter that are necessary to protect, maintain, or restore resources at risk on these lands, or that provide for greater public access and enjoyment of these lands. Any land so acquired by any state agency or county may be sold, leased, or otherwise disposed of, subject to chapter 171, with the prior written approval of the board. Any land acquired by any nonprofit land conservation organization under this chapter may be sold, leased, or otherwise disposed of with the prior written approval of the board. Any permanent conservation easement established under this section that includes partnership with a federal land conservation program may be transferred only as provided by rules of the federal program.
Haw. Rev. Stat. § 196-84 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-84
Scope.
Status: in_force

(a) Minimum efficiency standards are established under this part for the following products, if standards for these products are not preempted by federal law:

(1) Computers and computer monitors;

(2) Faucets;

(3) High color rendering index fluorescent lamps;

(4) Portable electric spas;

(5) Residential ventilating fans;

(6) Showerheads;

(7) Spray sprinkler bodies;

(8) Toilets;

(9) Urinals; and

(10) Water coolers.

(b) This section shall apply to the sale and offering for sale, lease, or rent of appliances under subsection (a) in the State.

(c) This section shall not apply to:

(1) New products manufactured in the State and sold outside the State;

(2) New products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;

(3) Products installed in mobile manufactured homes at the time of construction; or

(4) Products designed expressly for installation and use in recreational vehicles.

If any standard established under this part is subsequently preempted by federal law, all other state appliance efficiency standards not preempted shall remain in effect. [L 2019, c 141, pt of §2; am L 2023, c 224, §4]
Haw. Rev. Stat. § 174C-7 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-7
Commission on water resource management.
Status: in_force

(a) There is established within the department a commission on water resource management consisting of seven members which shall have exclusive jurisdiction and final authority in all matters relating to implementation and administration of the state water code, except as otherwise specifically provided in this chapter.

(b) Five members shall be appointed by the governor subject to confirmation by the senate in the manner prescribed in subsection (d). Each member shall have substantial experience in the area of water resource management; provided that at least one member shall have substantial experience or expertise in traditional Hawaiian water resource management techniques and in traditional Hawaiian riparian usage such as those preserved by section 174C-101. The chairperson of the board of land and natural resources shall be the chairperson of the commission. The director of health or the director's designee shall serve as an ex officio[,] voting member.

(c) The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) In appointing a member to the commission, the governor shall select from a list submitted by a nominating committee. The nominating committee shall be composed of four individuals chosen as follows: two persons appointed by the governor; one person appointed by the president of the senate; and one person appointed by the speaker of the house. The committee shall solicit applications and send to the governor the names of at least three individuals for each open position.

(e) Except as otherwise provided in this chapter, the commission shall be subject to sections 26-34, 26-35, and 26-36. [L 1987, c 45, pt of §2; am L 2003, c 184, §1; am L 2016, c 54, §1]
Haw. Rev. Stat. § 173-1 — HI Code / Division 1 / Title 12 / Chapter 173 / Section 173-1
Issuance of revenue bonds.
Status: in_force

Revenue bonds, as provided for by part III of chapter 39, may be issued to finance in whole or in part the cost of construction of such new land areas and means of access thereto, the acquisition, by condemnation, purchase, or otherwise, of littoral or other private rights, if any, which may be affected by such construction, and of rights-of-way to the shore and such shore lands as may be necessary to enable such construction, and the costs of maintenance, betterment, and extension of such new land areas and means of access thereto. The revenues derived from the lease of the new land areas shall be pledged for the punctual payment of the bonds, and interest thereon, and the revenues are hereby charged with the payment of the principal and interest. Each reclamation project, including a specific new land area or areas and all of the matters relating thereto enumerated in the first sentence of this section, is designated as an "undertaking" within the meaning of part III of chapter 39. The department of land and natural resources is charged with the administration of such undertakings.
Haw. Rev. Stat. § 183-44 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-44
Fishponds; rules.
Status: in_force

(a) The board shall adopt rules concerning the application and issuance of permits for the repair, strengthening, reinforcement, and maintenance of fishponds pursuant to chapter 183C. The rules shall specify the extent:

(1) Of repairs, strengthening, reinforcement, and maintenance for which no permit is necessary, but for which the owner shall be required to notify the board in writing of the owner's intent to perform them which notification shall be submitted not less than ten days before performing the repairs, strengthening, reinforcement, or maintenance, and for which receipt and lack of action by the board within the ten-day notice period shall constitute approval;

(2) Of repairs, strengthening, reinforcement, and maintenance for which a permit shall be required which shall be requested in writing by the owner.

(b) For the purposes of this section:

(1) "Emergency repairs" means that work necessary to repair damages to fishponds arising from natural forces or events of human creation not due to the wilful neglect of the owner, of such a character that the efficiency, esthetic character or health of the fishpond, neighboring activities of persons, or existing flora or fauna will be endangered in the absence of correction of existing conditions by repair, strengthening, reinforcement, or maintenance.

(2) "Repairs and maintenance" of fishponds means any work performed relative to the walls, floor, or other traditional natural feature of the fishpond and its appurtenances, the purposes of which are to maintain the fishpond in its natural state and safeguard it from damage from environmental and natural forces.

Repairs, strengthening, reinforcement, and maintenance and emergency repair of fishponds shall not be construed as actions "proposing any use" within the context of section 343-5. [L 1975, c 27, pt of §2; am L 1976, c 57, §2; gen ch 1985; am L 1995, c 11, §5 and c 69, §4]
Haw. Rev. Stat. § 200-73 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-73
Unlawful to possess certain vessels or hulls.
Status: in_force

No person shall possess a vessel or hull, knowing that the vessel hull identification number, placed on the same by the manufacturer or the owner for the purpose of identification, has been changed, altered, erased, or mutilated for the purpose of changing the identity of the vessel or hull thereof. Any vessel or hull from which the vessel hull identification number carved, burned, stamped, embossed, or otherwise permanently affixed to the hull by the manufacturer or by the owner, has been removed, defaced, or altered shall be caused by the chairperson to be taken into custody and, if not identified, disposed of pursuant to part III. If identified, the chairperson shall:

(1) Notify the owner at the owner's last known address or the address shown on the records of the department or United States Coast Guard, and all lien holders who have properly filed a financing statement, referencing the name of the registered owner, in the bureau of conveyances or who are shown on the records of the department or United States Coast Guard;

(2) Authorize restoration of the original vessel hull identification number or if unknown, assign a new number; and

(3) Restore the vessel or hull to the owner upon payment to the State of all costs and expenses incurred by the State causing the vessel to be taken into custody. [L 1991, c 272, pt of §2]
Haw. Rev. Stat. § 196-66 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-66
Use of Hawaii green infrastructure special fund; application.
Status: in_force

(a) The authority shall apply to the public utilities commission for one or more orders to effectuate the Hawaii green infrastructure loan program, pursuant to section 269-170.

Nothing herein shall preclude the department from applying for a financing order, pursuant to section 269-162, prior to the issuance of an order or orders to effectuate the Hawaii green infrastructure loan program under section 269-171, nor from requesting consolidation of the proceeding for a financing order with such a loan program implementation order.

(b) An application shall be submitted by the authority to the public utilities commission in accordance with section 269-170.

(c) In accordance with an approved green infrastructure loan program order or orders, the authority shall utilize the proceeds of bonds and other amounts deposited in the Hawaii green infrastructure special fund pursuant to [section] 196-65, or to the extent permitted by a financing order, to pay financing costs, as defined in section 269-161.

(d) Within the order or orders issued by the public utilities commission under section 269-171, the authority shall obtain approval from the public utilities commission requiring the electric utilities to serve as agents to bill and collect the green infrastructure charge imposed to repay green infrastructure costs and transfer all green infrastructure charges collected to the authority on behalf of the department. Notwithstanding anything to the contrary, electric utilities shall not be obligated to bill, collect, or remit green infrastructure charges from nonutility customers. [L 2013, c 211, pt of §2]
Haw. Rev. Stat. § 187A-1.6 — HI Code / Division 1 / Title 12 / Chapter 187A / Section 187A-1.6
Applicability of statutes and rules.
Status: in_force

This subtitle and any rules under this subtitle relating to fishing which are applicable to state marine waters shall also apply to the following persons in waters outside state marine waters but within the federal conservation zone:

(1) Residents of the State;

(2) Any commercial marine licensee; and

(3) Any permittee or licensee under this subtitle. [L 1991, c 160, §2]
Haw. Rev. Stat. § 171-55.5 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-55.5
Agricultural plots.
Status: in_force

The department of land and natural resources, in cooperation with the department of agriculture and biosecurity and the city and county of Honolulu, shall adopt rules in accordance with chapter 91 to allow for use of vacant public lands for farming or agricultural recreation.
Haw. Rev. Stat. § 196-102 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-102
[ §196-102] Fluorescent lamps; mercury-containing lighting; prohibited.
Status: in_force

[ §196-102] Fluorescent lamps; mercury-containing lighting; prohibited. It shall be unlawful to sell, offer for sale, or distribute for sale in the State as a new manufactured product:

(1) Beginning January 1, 2025, a screw or bayonet base type compact fluorescent lamp; and

(2) Beginning January 1, 2026, a pin-base type compact fluorescent lamp or linear fluorescent lamp. [L 2023, c 225, pt of §2]
Haw. Rev. Stat. § 183D-25.5 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-25.5
Hunting guides; licensing and reporting requirements.
Status: in_force

(a) No person shall engage in the business of soliciting and guiding clients for the purpose of taking any game bird or mammal without first procuring a hunting guide license.

(b) A hunting guide license shall be issued to any person who possesses a valid state hunting license and registers with the department; provided that hunting guides shall provide service only to clients with a current state hunting license, unless the client is otherwise exempted by the department.

(c) Hunting guides shall provide an annual report to the department of their guide activities that shall include the number of clients served and the clients' residency status. The reports shall be submitted within thirty days after the expiration of the hunting guide license issued pursuant to this section. The failure to submit an annual report within the time specified shall be grounds for the revocation and nonrenewal of the hunting guide license. [L 1996, c 50, §1]
Haw. Rev. Stat. § 171-71 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-71
Definitions.
Status: in_force

As used in this part if not inconsistent with the context:

"Appraisers" means one or more, but not more than three, real estate appraisers appointed by the board.

"Lessee" means the lessee under a residential lease and the successors in interest of the lessee.

"Person" means one or more individuals and does not include any partnership, firm, or corporation.

"Residential lease" or "lease" means a residential lease made by the board of land and natural resources under this part. [L 1962, c 32, pt of §2; Supp, §103A-67; HRS §171-71]

Revision Note
Haw. Rev. Stat. § 188-72 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-72
Nonresident recreational marine fishing license; application; fees; restrictions.
Status: in_force

(a) It shall be unlawful for any nonresident of the State who has attained the age of fifteen, except members of the armed forces of the United States on active duty in the State and their spouse and minor children, to fish for, take, or catch any marine life for noncommercial or recreational purposes without first obtaining a nonresident recreational marine fishing license. The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(b) Nonresident recreational marine fishing licenses shall be issued by agents of the department upon written application in a form prescribed by the department and upon payment of a fee. The fees for a nonresident recreational marine fishing license shall be as follows:

(1) For a one-day fishing license - $20;

(2) For a seven-day fishing license - $40; and

(3) For an annual fishing license - $70.

Fees established by this subsection may be increased by the department no more frequently than once every five years, at the rate of the consumer price index change from July 2021, compounded annually, rounded to the nearest dollar.

(c) No person to whom a license has been issued under this section shall permit any other person to carry, display, or use the license for any purpose. Each person to whom a license has been issued under this section shall show the license upon demand of any officer authorized to enforce the fishing laws of the State.

( d) It shall be illegal to sell or offer for sale any marine life taken under a nonresident recreational marine fishing license; provided that marine life taken by nonresident licensees on board a charter fishing vessel owned or operated by a person with a valid commercial marine license pursuant to section 189-2(b) may be sold.

( e) The department may revoke any nonresident recreational marine fishing license for any violation of the terms and conditions of the license. Any person whose nonresident recreational marine fishing license has been revoked shall not be eligible to apply for another nonresident recreational marine fishing license until one year after the date of revocation.

(f) For the purposes of this section:

"Marine life" has the same meaning as defined in section 187A-l.

"Nonresident" means any individual who is not a resident of Hawaii.

"Resident of Hawaii" means an individual who has:

(1) Established primary residence and worked in the State continuously for a period of twelve months or longer immediately prior to applying for, or obtaining a license;

(2) Filed or paid state income taxes for the previous tax period; or

(3) Established domicile in the State, as evidenced by documentation showing the individual's address, including:

(A) A valid driver's license;

(B) A valid identification card;

(C) A valid school identification card; or

(D) Any other official document issued to the individual within the last thirty days from a government agency, financial institution, insurance company, or utility company in the State.

(g) Any person violating this section or any rule adopted pursuant to this section shall be subject to administrative penalties as provided by section 187A-12.5. [L 2021, c 48, §2]
Haw. Rev. Stat. § 182-2 — HI Code / Division 1 / Title 12 / Chapter 182 / Section 182-2
Mineral rights reserved to the State.
Status: reserved

(a) All minerals in, on, or under state lands or reserved lands are reserved to the State; provided that the board may release, cancel, or waive the reservation whenever it deems the land use, other than mining, is of greater benefit to the State as provided for in section 182-4. The minerals are reserved from sale or lease except as provided in this chapter. A purchaser or lessee of the lands shall acquire no right, title, or interest in or to the minerals. The right of the purchaser or lessee shall be subject to the reservation of all the minerals and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove the minerals, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of the minerals therefrom by any means whatsoever.

(b) Subject to subsection (a), all land patents, leases, grants, or other conveyance of state lands shall be subject to and contain a reservation to the State of all the minerals, and shall also contain a reservation to the State, and persons authorized by it, of the right to prospect for, mine, and remove the minerals by deep mining, strip mining, drilling, and any other means whatsoever, and to occupy and use so much of the surface as may be required therefor. [L 1963, c 11, pt of §1; Supp, §99A-2; HRS §182-2; am L 2016, c 220, §3]
Haw. Rev. Stat. § 199-5 — HI Code / Division 1 / Title 12 / Chapter 199 / Section 199-5
Summons or citation.
Status: in_force

There shall be a form of summons or citation for use in citing violators of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, which do not mandate the physical arrest of the violators. The summons or citation shall be printed in a form commensurate with the form of other summons or citation used in modern methods of arrest and shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and content of the summons or citation shall be adopted or prescribed by the district courts.

In every case where a summons or citation is issued, the original of the same shall be given to the violator; provided that the district courts may prescribe the issuance to the violator of a carbon copy of the summons or citation and provide for the disposition of the original and any other copies. Every summons or citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1978, c 171, pt of §1; am L 1981, c 85, §113; am L 1997, c 17, §2; am L 2004, c 142, §12]
Haw. Rev. Stat. § 196-86 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-86
Implementation.
Status: in_force

(a) On or after January 1, 2021, no new computer or computer monitor, faucet, high color rendering index fluorescent lamp, showerhead, or spray sprinkler body shall be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in section 196-85.

(b) On or after January 1, 2025, no new portable electric spa, residential ventilating fan, toilet, urinal, or water cooler that is manufactured on or after January 1, 2025, shall be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the minimum efficiency standards provided in section 196-85.

(c) One year after the date upon which the sale or offering for sale of certain products becomes subject to the requirements of subsections (a) and (b), these products shall not be installed for compensation in the State unless the efficiency of the new product meets or exceeds the minimum efficiency standards provided in section 196-85. [L 2019, c 141, pt of §2; am L 2023, c 224, §6]
Haw. Rev. Stat. § 171-39 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-39
Leases; forfeiture.
Status: in_force

Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant, the board of land and natural resources shall, after the notice of default as provided in section 171-20, and subject to the rights of each holder of record having a security interest as provided in section 171-21, terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon and shall retain all rent paid in advance as damages for the violations.
Haw. Rev. Stat. § 174C-10 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-10
Dispute resolution.
Status: in_force

The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally protected water interests, or where there is insufficient water to meet competing needs for water, whether or not the area involved has been designated as a water management area under this chapter. The final decision on any matter shall be made by the commission.
Haw. Rev. Stat. § 171-72 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-72
Subdivision, improvement and lease of public lands.
Status: in_force

Any public land suitable for residential use, including single-family, multiple-family, apartment, cluster, and row housing and situated in a locality suitable for the general type of residential construction anticipated by the board of land and natural resources, may be subdivided and improved in accordance with this part; provided that any such lands being subdivided for single-family residence shall be subdivided into lots of not less than five thousand square feet and not more than fifteen thousand square feet. The subdivision shall comply with appropriate county or city and county zoning and subdivision requirements; provided that the board may put in such other improvements as may be necessary or desirable. The lots in the subdivision may be leased by the board under residential leases without public auction to persons qualified thereunder, without public notice or advertising, other than as required by this part.
Haw. Rev. Stat. § 179D-29 — HI Code / Division 1 / Title 12 / Chapter 179D / Section 179D-29
Annual report.
Status: in_force

The department shall submit an annual report to the governor and the legislature by January 5 of each year concerning the activities of the department relating to this chapter for the preceding fiscal year. The report shall include but not be limited to information on the following:

(1) Approvals of plans and specifications for the construction of dams and reservoirs and for alterations, modifications, repairs, removal, and enlargements of any dams and reservoirs;

(2) A listing of dam and reservoir safety inspections made;

(3) Use of appropriated funds;

(4) Rules adopted or amended;

(5) Enforcement orders and proceedings;

(6) Dam and reservoir failures and department evaluations of the reasons for the failure, if known; and

(7) Any other available data regarding the effectiveness of the State's dam and reservoir safety program. [L 2007, c 262, pt of §1]
Haw. Rev. Stat. § 180C-1 — HI Code / Division 1 / Title 12 / Chapter 180C / Section 180C-1
Definitions.
Status: in_force

"Conservation plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity.

"Conservation standards" or "standards" means standards adopted within ninety days of the passage of this chapter by the department of health.

"County" means all the county governments of Honolulu, Maui, Kauai, or Hawaii.

"Department of health" or "department" shall mean the department of health of the State of Hawaii.

"Land disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sediment into state waters or onto lands in the State including, but not limited to, tilling, clearing, grading, excavating, transporting, and filling of land other than federal lands, except that the term shall not include such minor land disturbing activities as home gardens and individual home landscaping, repairs, and maintenance work.

"Persons" means any individual, partnership, firm, association, joint-venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, and other political subdivisions of the State, any interstate body or any other legal entity.

"Soil and water conservation districts" or "district" means a governmental subdivision of this State, and a public body corporate and politic, organized under chapter 180.

"State waters" means all waters, fresh, brackish or salt, around and within the State, including, but not limited to, coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a pollution control system are excluded. [L 1974, c 249, pt of §2]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 171-50.2 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-50.2
Exchanges for conversion of leasehold lands to fee simple ownership.
Status: in_force

The board may exchange public lands for private lands to be condemned or involuntarily sold pursuant to chapter 516. An exchange shall be requested by the executive director of the Hawaii housing finance and development corporation and shall be effected in conformity with section 171-50; provided that an exchange shall be subject to legislative approval; provided further that the private lands conveyed to the State shall be disposed of pursuant to chapter 516; and provided further that lands exchanged need not be of like-kind or comparable use; provided further that no lands classified as conservation shall be exchanged for private lands.
Haw. Rev. Stat. § 171-73 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-73
Term, rent, and other conditions of residential leases.
Status: in_force

Residential leases made by the board of land and natural resources may be for an initial term of fifty-five years with the privilege of extension to meet Federal Housing Administration requirements, provided the aggregate of the initial terms and extension shall in no event exceed seventy-five years. It may contain such terms and conditions as the board may in its discretion determine, except that the following shall in any event be complied with in each residential lease:

(1) Rent and taxes. The annual rent shall be not less than an amount representing a fair return on the value of the premises at the inception of the rental period under the lease, which value shall be determined by appraisers. The lessee shall pay all real property taxes, assessments for the lessee's pro rata share of the costs of the improvements of the tract in which the land is located, and such other charges made against or levied upon the lessee's premises. "Value of premises" as used in this section means the fair market value of the raw land, including in such value the pro rata share of the cost of improvements only if the lessee has not already been assessed or has not already paid the lessee's pro rata share thereof or if the State has not assumed the costs.

(2) Construction of residence. Each residential lease shall contain requirements that the lessee construct a residence upon the premises, pursuant to plans and specifications approved by the board and using a licensed contractor, within such time and having such minimum value or ground floor area as may be determined by the board in its discretion.

(3) Use. Upon the completion of improvements upon the premises, the lessee shall use and occupy the premises as the lessee's residence and shall not rent or use for any business purposes the whole or any part of the premises, except with the written consent of the board.

(4) Alienation. Each residential lease shall contain conditions prohibiting the lessee from subletting or parting with the possession of the whole or any part of the premises and from selling, assigning, transferring, or otherwise disposing of or encumbering, except by way of mortgage as hereinafter permitted, any interest in the lease or any improvements erected on the premises, except with the written consent of the board.

(5) Right of purchase. Each residential lease shall also state that no right or privilege of purchasing the fee title to the land demised shall be created by the lease, except as provided in section 171-79, notwithstanding any other provision of the law to the contrary.

(6) Construction and mortgages. Each residential lease shall provide that the lessee may mortgage the lease and improvements only for the purpose of financing the construction of a residence upon the premises or, after the requirement of construction of a residence upon the premises has been fulfilled, for the purpose of financing the purchase of the lease and improvements. The mortgages shall be made only to recognized lending institutions and may provide for foreclosure and for sale at the foreclosure to any purchaser, without regard to whether the purchaser at the sale is qualified or disqualified to take a residential lease under this part. The mortgagee's interest in any such mortgage shall be freely assignable.

(7) Mortgage qualification. The foregoing provisions to the contrary notwithstanding, the board is authorized from time to time, upon the issuance of any such lease to adopt or modify or eliminate any provision contained in sections 171-70 to 171-83, to the extent necessary to qualify the lease for mortgage lending or guaranty purposes with the Federal Housing Administration, Federal National Mortgage Association, and Department of Veterans Affairs, and their respective successors and assigns. [L 1962, c 32, pt of §2; Supp, §103A-69; HRS §171-73; gen ch 1985; am L 2017, c 12, §1]
Haw. Rev. Stat. § 174C-57 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-57
Modification of permit terms.
Status: in_force

(a) A permittee may seek modification of any term of a permit. A permittee who seeks to change the use of water subject to the permit, whether or not such change in use is of a material nature, or to change the place of use of the water or to use a greater quantity of water than allowed under the permit or to make any change in respect to the water which may have a material effect upon any person or upon the water resource, shall make application pursuant to section 174C-51 in respect to such a change. Modification of one aspect or condition of a permit may be conditioned on the permittee's acceptance of changes in other aspects of the permit.

(b) All permit modification applications shall be treated as initial permit applications and be subject to sections 174C-51 to 174C-56; except that if the proposed modification involves an increase in the quantity of water not exceeding an average amount per month to be established by rule, the commission, at its discretion, may approve the proposed modification without a hearing provided that the permittee establishes that:

(1) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee's needs; or

(2) The proposed modification would result in a more efficient utilization of water than is possible under the existing permit.

(c) County agencies are exempt from the requirements of this section except where the modification involves a change in the quantity of water to be used or where the new use would adversely affect the quality of the water or quantity of use of another permittee. [L 1987, c 45, pt of §2]
Haw. Rev. Stat. § 195D-5.1 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-5.1
Protection of Hawaii's unique flora and fauna.
Status: in_force

The department of land and natural resources shall initiate amendments to the conservation district boundaries consistent with section 205-4 in order to include high quality native forests and the habitat of rare native species of flora and fauna within the conservation district. The department may seek assistance from appropriate public, private, and nonprofit agencies and may employ consultants as necessary to implement this section.
Haw. Rev. Stat. § 184-3.4 — HI Code / Division 1 / Title 12 / Chapter 184 / Section 184-3.4
State parks special fund.
Status: in_force

(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited all proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, any fees collected pursuant to section 184-4.2, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs.

(b) The department shall expend the moneys from the state parks special fund for the following purposes:

(1) Permanent and temporary staff positions;

(2) Planning and development of state parks programs, including the aina hoomalu state parks program;

(3) Construction, repairs, replacement, additions, and extensions of state parks facilities;

(4) Operation and maintenance costs of state parks and state parks programs; and

(5) Administrative costs of the division of state parks.

(c) There is established within the state parks special fund, a Diamond Head State Monument sub-account, into which shall be deposited fifty-five per cent of all proceeds collected from the admission fees charged at the Diamond Head State Monument. The department shall expend the moneys from the Diamond Head State Monument sub-account for repair, maintenance, and operating costs incurred by the State in the management of the Diamond Head State Monument. [L 2000, c 120, §1; am L 2002, c 250, §2; am L 2005, c 235, §2; am L 2007, c 292, §1; am L Sp 2021, c 1, §10; am L 2025, c 128, §3]
Haw. Rev. Stat. § 183D-6 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-6
Permits for taking wildlife for scientific, educational, or propagation purposes.
Status: in_force

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

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

(c) Any wildlife taken under the authority of the permit shall be accompanied by the permit while being taken or transported and shall be exempt from seizure while being transported or while in possession, in accordance with the permit. [L 1985, c 174, pt of §4]
Haw. Rev. Stat. § 172-9 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-9
Upon failure of owners, comptroller to have boundaries determined at owner's expense.
Status: in_force

The comptroller shall list all lands which have not had their boundaries determined in compliance with the requirements of section 172-8, and shall proceed to make the necessary surveys and shall thereupon have the boundaries of the lands adjudicated as provided by law, and the expense of the surveys and of the adjudication shall be determined and is hereby made a lien upon the lands superior to all other incumbrances.
Haw. Rev. Stat. § 183D-63 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-63
Keeping wild birds in captivity prohibited.
Status: in_force

Except as provided in section 183D-61, no person shall keep in captivity any wild bird unless the bird was lawfully imported into the State or was bred in captivity from birds lawfully imported.
Haw. Rev. Stat. § 173A-4.5 — HI Code / Division 1 / Title 12 / Chapter 173A / Section 173A-4.5
Appraisal of land.
Status: in_force

(a) Notwithstanding section 171-30, the appraisal of land having value as a resource to the State and acquired by the State under this chapter may be performed as follows:

(1) The board may review, approve, and accept any existing appraisal prepared on behalf of a nonprofit organization if:

(A) The appraisal was completed within one year before the decision by the board to approve the acquisition of land; and

(B) The board finds that the appraisal was performed according to applicable and accepted professional standards for land appraisal; or

(2) The board may contract for an independent appraisal from no more than three disinterested appraisers who shall follow applicable and accepted professional standards for land appraisal.

The board shall submit the appraisal to the attorney general for review and approval before it acquires the land having value as a resource to the State.

(b) No land shall be purchased for a sum greater than the highest value fixed by any appraisal accepted or performed under subsection (a); provided that this limitation shall not apply to any acquisition that is made by condemnation.

(c) After the land having value as a resource to the State has been acquired or the State abandons the acquisition, the appraisal reports shall be made available for inspection and copying by the public.

(d) Anything contained in this section notwithstanding, no appraisal shall be required under this section in the event that any interest in land having value as a resource to the State is donated to the State. [L 2007, c 158, §1]
Haw. Rev. Stat. § 188-45 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-45
Licenses for nehu, iao, and other baitfish.
Status: in_force

The department may issue to commercial marine licensees, as defined in chapter 187A, licenses to take nehu, iao, or any other species for use as bait only. The department may adopt rules pursuant to chapter 91 for the purposes of this section. The licenses may be issued by the department upon terms and conditions the department may deem necessary to conserve the supply of the fish within state waters. The license may be summarily revoked for a violation of any term or condition of the license, and any or all licenses may be revoked summarily whenever, in the judgment of the department, the action is necessary for the conservation of the fish.
Haw. Rev. Stat. § 200-31 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-31
Vessels required to be registered and numbered.
Status: in_force

(a) Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except:

(1) Foreign vessels temporarily using the waters of this State;

(2) Public vessels of the United States;

(3) Ships' life boats; and

(4) Other vessels exempted by the department, if federal laws and requirements permit the department to exempt the vessels.

(b) No vessel registration shall be renewed or transferred if:

(1) The registered owner is delinquent in payment of any moneys due and payable to the department;

(2) The registered owner has pending a citation for violation of any of the department's rules; or

(3) The registered owner's vessel is an abandoned vessel, grounded vessel, derelict vessel, unauthorized vessel, or vessel impounded under section 200-16. All fees and charges relating to the vessel impound as well as any other fees associated with the vessel shall be paid in full prior to the vessel registration being renewed or transferred. [L 1991, c 272, pt of §2; am L 2013, c 121, §2]
Haw. Rev. Stat. § 196-6 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-6
Energy efficient storage hot water heaters.
Status: in_force

(a) No new storage hot water heater which is not certified as meeting the energy efficiency standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., as set forth as the current ASHRAE 90 Standard, shall be sold or installed in the State after June 1, 1985; provided, however, that nothing contained herein shall prevent sales from being made in the State for use outside the State.

(b) Any violation of subsection (a) shall be a misdemeanor; provided a fine of not less than $50 nor more than $500 shall be imposed, and all fines shall be imposed consecutively. Each storage hot water heater sold in violation of this section shall constitute a separate offense. [L 1984, c 124, §1; am L 2009, c 153, §5]
Haw. Rev. Stat. § 174C-60 — HI Code / Division 1 / Title 12 / Chapter 174C / Section 174C-60
Contested cases.
Status: in_force

Chapter 91 shall apply except where it conflicts with this chapter. In such a case, this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case hearing under this section shall be appealed upon the record directly to the supreme court for final decision.
Haw. Rev. Stat. § 171-6.4 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-6.4
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $2,500;

(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. Each day of each violation shall constitute a separate offense.

(c) Noncompliance with administrative enforcement action against a landowner for a land use, as defined in section 183C-2, that violates the law or for a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land shall affect title pursuant to section 501-151 and result in a lien attaching to the adjoining or abutting private land. [L 2004, c 142, §4; am L 2023, c 236, §1]
Haw. Rev. Stat. § 190D-25 — HI Code / Division 1 / Title 12 / Chapter 190D / Section 190D-25
[ §190D-25] Seabed mining; permits; prohibited.
Status: in_force

[ §190D-25] Seabed mining; permits; prohibited. (a) Notwithstanding any law to the contrary, the mining, extraction, and removal of minerals from the seabed shall be prohibited in state marine waters.

(b) No permit shall be issued for or in connection with the development or operation of any facility or infrastructure associated with the mining, extraction, or removal of minerals from the seabed within state marine waters.

(c) Notwithstanding subsections (a) and (b), the collection of sand from state marine waters to replenish beaches in the State shall be permitted; provided that prior approval from the board is obtained.

(d) This section shall not be construed to prohibit scientific research or collections conducted by or on behalf of an educational, scientific, or research institution or a governmental agency.

(e) Nothing contained in this section shall diminish, alter, or amend any existing rights, privileges, or practices of the Native Hawaiian people, nor shall the obligations of the State to the Native Hawaiian people be absolved.

(f) As used in this section, "minerals" means natural deposits of valuable minerals, including metals and placer deposits of metals, nonmetallic minerals, gemstones, ores, gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten, zirconium, titanium, garnet, phosphorous, polymetallic nodules, and cobalt-rich ferromanganese crusts. [L 2024, c 228, §3]
Haw. Rev. Stat. § 195D-5.5 — HI Code / Division 1 / Title 12 / Chapter 195D / Section 195D-5.5
Products to support the environment.
Status: in_force

(a) There is established within the department a program to financially benefit the environment by the development of environmentally-themed products such as collectible stamps, credit cards, and coins to be commercially sold to the public. The department may enter into contracts with private entities for the production of existing and new environmentally-themed products as the department deems appropriate.

(b) Each product developed under this program shall require the approval of the chairperson of the board of land and natural resources and the governor, after consultation with appropriate environmental organizations.

(c) Except for direct costs to administer, produce, and market the products, all revenues from the sale of products under this section shall be paid into the endangered species trust fund established pursuant to section 195D-31 to support programs of the department that:

(1) Benefit the environment; and

(2) Are related to the environmental theme of the product sold.

(d) The department shall submit an annual report of the program's products, costs, and revenues to the legislature no later than twenty days before the convening of each regular session. [L 2002, c 186, §2]

Revision Note

Section was enacted as an addition to chapter 195 but is renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 196-31 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-31
[ §196-31] Energy efficiency implementation for state facilities.
Status: in_force

[ §196-31] Energy efficiency implementation for state facilities. (a) State facilities shall implement cost-effective energy efficiency measures as follows:

(1) Beginning on January 1, 2024, for all state facilities that have not implemented section 36-41 since 2010; and

(2) Beginning on January 1, 2026, for all other state facilities;

provided that no entity shall claim tax credits or deductions, or depreciate assets under title 14 for implementing energy efficiency measures pursuant to this section; provided further that nothing in this subsection shall prohibit facilities from implementing energy efficiency measures sooner than indicated under paragraph (1) or (2).

(b) State facilities with an area under ten thousand square feet shall be exempt from the requirements of subsection (a).

(c) For purposes of this section:

"Cost-effective energy efficiency measure" means any energy efficiency measure where the cost of the energy efficiency measure is equal to or less than the estimated savings over a period of twenty years or the life of the installed components, whichever is less.

"Energy efficiency measure" means any energy services, projects, and equipment, including but not limited to building or facility energy conservation enhancing, demand management, or demand response retrofits, which may include energy saved offsite by water or other utility enhancing retrofits, to improve the energy efficiency or reduce energy costs of the facility. [L 2022, c 239, pt of §2]
Haw. Rev. Stat. § 196-67 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-67
Hawaii green infrastructure bond fund.
Status: in_force

(a) There is established the Hawaii green infrastructure bond fund as a special fund into which all proceeds of the green infrastructure fee established pursuant to section 269-166 and any other proceeds of green infrastructure property shall be paid. The Hawaii green infrastructure bond fund may also receive other moneys as the department may determine and as provided in a financing order, including, without limitation, green infrastructure charges.

(b) Moneys in the Hawaii green infrastructure bond fund shall be impressed with the lien created by, and shall be used solely for purposes set forth in , section 269- 164 . Upon payment or defeasance of all bonds and financing costs, moneys in the fund, at the direction of the department, may be transferred into the Hawaii green infrastructure special fund established pursuant to section 196-65 or other purpose as the department shall specify.

(c) The Hawaii green infrastructure bond fund shall be audited at least annually by a firm of independent certified public accountants selected by the department, and the results of this audit shall be provided to the department and the public utilities commission .

(d) Pursuant to section 39-68, the department shall appoint a trustee to receive, hold , and disburse all amounts required to be held in the Hawaii green infrastructure bond fund upon terms and conditions as set forth in a certificate, indenture , or trust agreement.

The Hawaii green infrastructure bond fund shall not be subject to section 37-53. [L 2013, c 211, pt of §2]
Haw. Rev. Stat. § 200-3.2 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-3.2
[ §200-3.
Status: in_force

[ §200-3.2] Unpermitted commercial activity; prima facie evidence; burden of proof. (a) For purposes of determining whether an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department has occurred, advertisement or offers in print; by word of mouth; or online in any form, including through social media, of unpermitted commercial ocean use activities or commercial ocean recreational equipment shall be prima facie evidence that:

(1) The owner of the advertised or offered commercial activity disseminated or directed the dissemination of the advertisement or offer in that form and manner; and

(2) The commercial activity is being operated at the location advertised or offered.

(b) The burden of proof shall be on a person charged with an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department to establish that vessels or equipment, or both, are not being used for unpermitted commercial activity or that the person's conduct is authorized pursuant to a permit, lease, or license issued by the department.

(c) As used in this section:

"Administrative violation" means any violation enforced administratively by the board pursuant to section 200-14.5.

"Commercial activity" has the same meaning as in section 200-4(a).

"Social media" means any form of electronic communication through which users create online communities to share information, personal messages, and other content, offered from platforms, including but not limited to Facebook, Foursquare, Instagram, Reddit, TikTok, Tripadvisor, X, Yelp, and YouTube. [L 2024, c 227, §2]
Haw. Rev. Stat. § 189-25 — HI Code / Division 1 / Title 12 / Chapter 189 / Section 189-25
Loans, terms, and restrictions.
Status: in_force

The department may make loans to individuals or businesses for the financing of the purchase, construction, renovation, maintenance, or repair of vessels. The loans may be made in conjunction with loans made by other financial institutions including the Financial Assistance Division of the National Marine Fisheries Service and the SBA. Where the loans made by the department are secured, such security may be subordinated to the loans made by other financial institutions, when subordination is required in order to obtain loans from the institutions. The necessity for and the extent of security required in any loan shall be determined by the director.

The foregoing powers shall be subject, however, to the following restrictions and limitations:

(1) No loan of state funds shall exceed eighty per cent of the cost of purchase, construction, renovation, maintenance, or repair of a vessel.

(2) No loan for renovation, maintenance, or repair of a fishing vessel shall exceed $50,000 nor for a term exceeding ten years.

(3) No loan for purchase or construction of a fishing vessel shall be made for a term exceeding twenty years.

(4) Each loan shall bear simple interest at the rate of seven and one-half per cent a year.

(5) The commencement date for the repayment of the first installment on the principal of each loan may be deferred by the director, but in no event shall such initial payment be deferred in excess of two years.

(6) In the event the State repossesses any vessel financed under this program, the repossessed vessel shall not be resold to the individual to whom the loan has been made, or to anyone with a financial interest in the vessel. [L 1965, c 193, §6; Supp, §21-105; HRS §189-25; am L 1968, c 28, §3; am L 1975, c 167, pt of §4; am L 1976, c 70, pt of §1]
Haw. Rev. Stat. § 171-46 — HI Code / Division 1 / Title 12 / Chapter 171 / Section 171-46
Residential sales or leases; planning.
Status: in_force

Prior to the disposition of public land for residential lots, whether by sale in fee simple or by lease, in addition to the requirements of section 171-33, the board of land and natural resources shall:

(1) Make a determination of the demand for houselots in the area of the intended disposition;

(2) Make a thorough investigation of the costs of the residential development;

(3) Wherever possible locate the residential development adjacent to an existing urban center;

(4) Subdivide and improve the land, in conformity with county or city and county zoning and subdivision requirements, including the construction of necessary roads; and

(5) Plan the development to meet the economic need and circumstance of the persons for whom the development is intended. [L 1962, c 32, pt of §2; am L 1964, c 47, §2; am L 1965, c 239, §23; Supp, §103A-44; HRS §171-46]
Haw. Rev. Stat. § 183D-7 — HI Code / Division 1 / Title 12 / Chapter 183D / Section 183D-7
Expenditures.
Status: in_force

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

(b) To further the purposes of title 12, the department may use lands set apart for its use by the governor, and may accept gifts and contributions of property or service or enter into contracts for the furtherance of the purposes of this chapter, from the State or from any county or other government or from private parties. [L 1985, c 174, pt of §4; am L 1988, c 67, §2]
Haw. Rev. Stat. § 183-45 — HI Code / Division 1 / Title 12 / Chapter 183 / Section 183-45
Accreted land.
Status: in_force

No structure, retaining wall, dredging, grading, or other use which interferes or may interfere with the future natural course of the beach, including further accretion or erosion, shall be permitted on accreted land as judicially decreed under section 501-33 or 669-1(e). This section shall not in any way be construed to affect state or county property.

Any structure or action in violation of this section shall be immediately removed or stopped and the property owner shall be fined in accordance with section 183C-7. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1985, c 221, §1; am L 1995, c 11, §6]
Haw. Rev. Stat. § 172-10 — HI Code / Division 1 / Title 12 / Chapter 172 / Section 172-10
Enforcement of payment of expenses by owners.
Status: in_force

The attorney general shall proceed, at any time after the determination of the sum due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State in such manner as provided for in sections 172-1 to 172-6, in the foreclosure of lien for commutation.
Haw. Rev. Stat. § 196-2 — HI Code / Division 1 / Title 12 / Chapter 196 / Section 196-2
Definitions.
Status: in_force

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

"Available" means that the vehicle is physically present and not rented for the requested rental period.

"Commission" means the public utilities commission.

"Conventional vehicle" means a vehicle powered solely by an internal combustion engine.

"Distributed energy resources" means a resource sited close to customers that:

(1) Can provide all or some of the customers' immediate electric and power needs;

(2) Can be used by the system to reduce demand or provide supply to satisfy the energy, capacity, or ancillary service needs of the distribution grid; and

(3) Is connected to the distribution system and close to load, if the resource provides electricity or thermal energy.

"Distributed energy resources" includes but is not limited to solar photovoltaic and thermal, wind, combined heat and power, electrical and thermal energy storage, demand response technologies, alternative energy vehicles and related infrastructure, microgrids, energy efficiency, and advanced inverters.

"Distributor" means:

(1) Every person who refines, manufactures, produces, or compounds fuel in the State and sells it at wholesale or retail, or who uses it directly in the manufacture of products or for the generation of power;

(2) Every person who imports or causes to be imported into the State, or exports or causes to be exported from the State, any fuel;

(3) Every person who acquires fuel through exchanges with another distributor; and

(4) Every person who purchases fuel for resale at wholesale or retail rates from any person described in paragraph (1), (2), or (3).

"Electricity" means all electrical energy produced by combustion of any fuel, or generated or produced using wind, the sun, geothermal heat, ocean water, falling water, currents, and waves, or any other source.

"Electric vehicle" means a vehicle powered by an electric motor via electricity:

(1) Stored in a high capacity battery; or

(2) Generated from an onboard fuel cell.

"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever.

"Energy resources" means fuel, and also includes all electrical or thermal energy produced by combustion of any fuel, or generated, produced, or stored using wind, the sun, geothermal heat, ocean water, falling water, currents, waves, or any other source.

"Fuel" means fuels, whether liquid, solid, or gaseous, commercially usable for energy needs, power generation, and fuels manufacture, that may be manufactured, grown, produced, or imported into the State or that may be exported therefrom, including petroleum and petroleum products and gases to include all fossil fuel-based gases, coal tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural products used as fuels and as feedstock to produce fuels, and all fuel alcohols.

"Hybrid vehicle" means a vehicle powered by a combination of an electric motor and a small internal combustion engine.

"Rental contractor" means an entity that rents, leases, or proposes to rent or lease, vehicles to state employees for purposes of official government business under a contract pursuant to this chapter.

"State employee" means an employee of the State, including all permanent and temporary employees of the state judicial, executive, and legislative branches and their respective departments, offices, and agencies.

"Suitable" means the vehicle has the performance capabilities needed for the intended application, including payload and weight capacity for the job or is capable of holding a charge for the time and mileage needed.

"Townhouse" means a series of individual houses, having architectural unity and a common wall between each unit. [L 1974, c 237, §2; am L 1993, c 15, §1; am L 2009, c 153, §3; am L 2019, c 122, §4; am L 2021, c 73, §2]
Haw. Rev. Stat. § 200-14 — HI Code / Division 1 / Title 12 / Chapter 200 / Section 200-14
Violation of chapter or rules; penalty.
Status: in_force

(a) Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities shall be guilty of a petty misdemeanor and shall be fined not more than $1,000.

(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained in chapter 291D. A person found to have committed a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

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

(c) As a condition of probation pursuant to sections 706-623 and 706-624, or as a condition to the suspension of any criminal penalties, the environmental court may provide that the defendant refrain from operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in specified geographical areas of the waters of the State.

(d) For the purposes of this section, "operate", "parasailing", "thrill craft", "vessel", "water sledding", and "waters of the State" have the same meaning as those terms are defined in section 200-23. [L 1991, c 272, pt of §2; am L 1994, c 38, §1; am L 1997, c 204, §1; am L 2008, c 101, §4; am L 2014, c 218, §8; am L 2024, c 215, §2; am L 2025, c 47, §1]
Haw. Rev. Stat. § 188-22.9 — HI Code / Division 1 / Title 12 / Chapter 188 / Section 188-22.9
Ha`ena community-based subsistence fishing area; restrictions; regulations.
Status: in_force

(a) There is designated the Ha`ena community-based subsistence fishing area on the northwestern coast of Kauai, which shall consist of all state waters and submerged lands bounded by:

(1) The shoreline of the Ha`ena district;

(2) A line that follows an imaginary extension of the boundary between Hae`na state park and Na Pali state park that extends seaward for one mile from the shoreline;

(3) An irregular line one mile offshore that is parallel to the contours of the shoreline; and

(4) A line that follows an imaginary extension of the boundary between Hae`na and Wainiha, as specified in the tax map of the county of Kauai, that extends seaward for one mile from the shoreline.

(b) In addition to the provisions of this chapter, the following uses or activities shall be regulated in the Ha`ena community-based subsistence fishing area:

(1) Any activities with a commercial purpose, as defined in section 187A-1;

(2) The issuance of any commercial marine license, as defined in section 187A-1;

(3) The issuance of any aquarium fish permits, pursuant to section 188-31;

(4) Fishing with the use of gill nets;

(5) Fishing with self-contained underwater breathing apparatus and spears; and

(6) Any other use or activity that the department of land and natural resources, in consultation with the inhabitants of the ahupua`a of Ha`ena and other interested parties, deems appropriate.

(c) The department of land and natural resources, as soon as practical, shall consult with as broad a base as possible, group of inhabitants of the ahupua`a of Ha`ena and other interested parties to establish rules for the Ha`ena community-based subsistence fishing area, to include but not be limited to:

(1) A determination of fishing practices that are customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion in the fishing area;

(2) A management plan recognizing existing marine activities permitted by the department of land and natural resources and containing a description of specific activities to be conducted in the fishing area, including evaluation and monitoring processes and methods of funding and enforcement;

(3) Limits on the harvest of aquatic life, as those terms are defined in section 187A-1, in the fishing area;

(4) The establishment of no harvesting zones within the fishing area without depriving ahupua`a inhabitants of access to traditional sources of subsistence; and

(5) A process for the expansion of the fishing area to include other ahupua`a.

The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purpose of this section. [L 2006, c 241, §3]
Haw. Rev. Stat. § 174-7 — HI Code / Division 1 / Title 12 / Chapter 174 / Section 174-7
Issuance of revenue bonds.
Status: in_force

The board of land and natural resources shall have the power to issue revenue bonds, as provided by part III of chapter 39 to finance in whole or in part, the cost of construction, acquisition, or maintenance of any facility or project hereunder, and, in connection therewith, to pledge for the punctual payment of the bonds, and interest thereon, any and all revenues derived from the project or projects for the construction, acquisition, or maintenance of which the bonds were issued, and the revenue of other or all projects, in an amount sufficient to pay the principal and interest of the bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in making preparation for the initial issuance of bonds under this chapter, and to take any other action necessary or proper in connection therewith. Any project authorized by this chapter shall be designated an "undertaking" within the meaning of part III of chapter 39 and shall be the public undertaking, the revenues of which are hereby charged with the payment of the principal and interest of the bonds.