HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 5
FORESTRY AND WILDLIFEPART 2WILDLIFE
CHAPTER 124
INDIGENOUS WILDLIFE, ENDANGERED AND THREATENEDWILDLIFE, AND INTRODUCED WILD BIRDS§13-124-1§13-124-2§13-124-3§13-124-4

PurposeDefinitions
Prohibited activities
Scientific, propagation, and educational
permits§13-124-5
Repealed§13-124-6
Permits for keeping indigenous wildlife,
introduced wild birds, game birds, andgame mammals§13-124-7
Crop damage, nuisance, and threat to humanhealth and safety permits§13-124-7.1 Revocation of permits§13-124-7.2 Compliance with laws
§13-124-8
Penalty§13-124-9
Exemption§13-124-10
Severability
Historical Note: Chapter 13-124, Hawaii
Administrative Rules, is based substantially upon
Regulation 18 of the Division of Fish and Game,
Department of Land and Natural Resources. [Eff 8/10/53;
am 10/10/55; am 3/28/58 and ren Regulation 6; am9/8/73; R 3/22/82]º13-124-1

§13-124-1§13-124-1 Purpose. The purpose of this chapter
is to conserve, manage, protect, and enhance indigenous
wildlife; and manage introduced wild birds. [Eff3/22/82; am and comp 8/28/86; am and comp](Auth: HRS §§183D-61, 195D-3, 195D-4, 195D-6) (Imp:HRS §§191-12, 195D-3, 195D-4, 195D-6, 50 CFR §§17.11,17.12)§13-124-2 Definitions. As used in this chapter
unless context requires otherwise:"Agriculture" means the production of crops which
are planted, cultivated, and harvested for food,ornamental, grazing, cultural, medicinal or forest
purposes.
"Aquaculture" means the farming or ranching ofaquatic life in a controlled salt, brackish, or fresh
water environment; provided that the farm or ranch ison or directly adjacent to land.
"Board" means the board of land and naturalresources.
"Crops" means a plant or animal or product thereof
that can be grown and harvested for profit orsubsistence.
"Cultural use" means use for traditional native
Hawaiian practices;"Department" means the department of land andnatural resources.
"Domestic animal" means any of various animals
which have been domesticated by humans in a condition
mainly dependent on humans.
"Endangered wildlife" means any species,
subspecies, or population of wildlife that has been
officially listed by the federal government asendangered and any species, subspecies, or populationof indigenous wildlife listed in, but not limited tothe exhibit entitled "Exhibit 2, List of Species ofEndangered Wildlife in Hawaii, 6/13/96" and as updated,which is located at the end of this chapter andincorporated by reference.
"Export" means shipment to any point outside theState;"Feral" means having escaped or been released fromdomestication and reverted to a wild state over several
generations.

º13-124-2"Game birds" means those birds designated by law
or rule for hunting.
"Game mammals" means those mammals designated bylaw or rule for hunting.
"Indigenous wildlife" means any species orsubspecies of animal, including migratory forms,
occurring or living naturally in Hawaii without having
been brought to Hawaii by humans and listed in, but notlimited to, the exhibit entitled "Exhibit 1, Chapter
13-124, Indigenous Wildlife of Hawaii, 2/1/97" and asupdated, which is located at the end of this chapter
and incorporated by reference.
"Injurious wildlife" means any species orsubspecies of animal except game birds and game mammals
which is known to be harmful to agriculture,
aquaculture, indigenous wildlife or plants, orconstitute a nuisance or health hazard and is listed in
the exhibit entitled "Exhibit 5, Chapter 13-124, Listof Species of Injurious Wildlife in Hawaii, 2/1/97" andas updated, which is located at the end of this chapter
and incorporated by reference; and as established anddesignated by the board as injurious wildlife.
"Introduced wild birds" means any non-domesticatedspecies of birds introduced or imported to Hawaii byhumans and living in a wild state other than gamebirds, including, but not limited to, species listed in
the exhibit entitled "Exhibit 4, Introduced Wild Birds
Other Than Game Birds Which Have Become Established in
the Wild, 2/1/97" and as updated, which is located at
the end of this chapter and incorporated by reference.
"Introduced wildlife" means any wildlife
introduced or imported to Hawaii by humans and living
in a wild and undomesticated state.
"Plant" means any member of the plant kingdom,including seeds, roots, and other parts thereof.
"Take" means to harass, harm, pursue, hunt, shoot,wound, kill, trap, capture, or collect endangered orthreatened species of wildlife, or to attempt to engage
in any such conduct.
"Threatened wildlife" means any species,subspecies, or population of wildlife that has been
officially listed by the federal government asthreatened and any species, subspecies, or populationof indigenous wildlife listed in, but not limited to,the exhibit entitled "Exhibit 3, Chapter 13-124, Listof Species of Threatened Wildlife in Hawaii, 2/1/97"
and as updated, which is located at the end of thischapter and incorporated by reference.

º13-124-3

§13-124-2"Wildlife" means any member of any nondomesticated species of the animal kingdom, whether
reared in captivity or not, including any mammal, fish,bird, amphibian, reptile, mollusk, crustacean,arthropod, or other invertebrate, and includes any
part, product, egg,or offspring thereof, or the deadbody or parts thereof. [Eff 3/22/82; am and comp8/28/86; am and comp] (Auth: HRS §§183D-61,195D-3, 195D-4, 195D-6) (Imp: HRS §§183D-61, 195D-3,195D-4, 195D-6, 50 CFR §§17.11, 17.12)§13-124-3 Prohibited activities. (a) With
respect to indigenous wildlife and introduced wild
birds, and except as provided in subsections (d) and(e), no person shall or attempt to:(1) Catch, possess, injure, kill, destroy, sell,offer for sale, or transport any suchspecies, or any young or egg, or the deadbody or skin thereof;(2) Export any such species, or any young or egg,or the dead body or skin thereof from theState.
(b) With respect to endangered and threatened
species of wildlife except as provided in subsection(e), no person shall or attempt to:(1) Take, possess, process, sell, offer for sale,or transport any such species, any young oregg, or the dead body or skin thereof within
the State;(2) Export any such species, or any young or egg,or the dead body or parts thereof, from theState.
(c) No person shall remove, damage, or disturb
the nest of any indigenous, endangered, or threatened
species except as provided in subsection (e);(d) With respect to injurious wildlife, except asprovided in subsection (e), no person shall, or attemptto:(1) Release injurious wildlife into the wild;(2) Transport them to islands or locations within
the State where they are not alreadyestablished and living in a wild state;(3) Export any such species, or the dead body orparts thereof, from the State.

º13-124-4

(4)The prohibitions against the destruction ofwild birds shall not apply to those
introduced wild birds listed as injurious
wildlife.
(e) The prohibited activities in this section
shall not apply to authorized employees of thedepartment, or enforcement agents and inspectors of thedepartment of agriculture and U.S. Fish and Wildlife
Service when acting in the course of their official
duties, or persons authorized by the board or itsauthorized representative and as provided elsewhere inthis chapter. [Eff 3/22/82; am and comp 8/28/86; amand comp] (Auth: HRS §§183D-61, 183D-64,
195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§183D-61,195D-3, 195D-4, 195D-6, 50 CFR §§17.11, 17.12)§13-124-4 Scientific, propagation, andeducational permits. (a) Permits for collecting,possessing, killing, selling or offering for sale, andtransporting threatened wildlife, indigenous wildlife,
introduced wild birds, game birds, or game mammals may
be issued by the board or its authorized representative
for scientific or educational purposes including
cultural activities, or for activities which will
enhance the survival of the wildlife species.
(b) Permits to take, possess, process, sell oroffer for sale, transport, or export any endangered
species of wildlife may be issued only for scientificpurposes or to enhance the propagation or survival of
the wildlife species, except permits to possess legallyobtained endangered species may be issued for
educational purposes which enhance the survival of thatspecies. [Eff 3/22/82; am and comp 8/28/86; am andcomp] (Auth: HRS §§183D-61, 195D-3,195D-4, 195D-6) (Imp: HRS §§183D-6, 183D-61, 195D-3,195D-4, 195D-5, 195D-6, 50 CFR §§17.11, 17.12)§13-124-5

Repealed.

[R]§13-124-6 Permits for keeping indigenouswildlife, introduced wild birds, game birds, and gamemammals. (a) Permits may be issued by the board or
its authorized representative to qualified persons whoapplyº13-124-5

§13-124-6

in writing to maintain indigenous wildlife, introduced
wild birds, game birds, or game mammals in captivity
for the protection, treatment for injury or disease,propagation, and other purposes consistent with thepreservation, protection, and conservation of theanimals. [Eff 3/22/82; am and comp 8/28/86; am andcomp] (Auth: HRS §§183D-61, 195D-3,
195D-4, 195D-6) (Imp: HRS §§183D-6, 183D-61, 195D-3,195D-4, 195D-6)§13-124-7 Crop damage, nuisance, and threat tohuman health and safety permits. (a) The board or its
authorized representative may issue permits to destroy
or otherwise control game birds, game mammals, orintroduced wild birds causing substantial damage to
agricultural or aquacultural crops, indigenous plants
or wildlife, or pose a threat to human health andsafety under the following conditions:(1) An authorized agent of the department has
investigated the complaint and is satisfied
that substantial damage has occurred or is
likely to occur;(2) Permits to control game mammals and gamebirds on parcels larger than 300 acres, may
be issued only when it has been determinedthat public hunting is not a reasonable andappropriate method of control;(3) Permits shall state the species and may
specify the number to be destroyed and themethod of control to be used. The permit may
include other terms and conditions as may
seem proper and applicable;(4) Permits for restricted use pesticides may beissued only after an integrated animal damage
control plan has been submitted to andapproved by an authorized agent of thedepartment.
(b) The board or its authorized representative
may issue permits to destroy or otherwise control
indigenous wildlife other than threatened andendangered species, causing substantial damage to
agricultural or aquacultural crops, indigenous plantsº13-124-6

or wildlife, or pose a threat to human health andsafety under the following conditions:(1) An authorized agent of the department has
investigated the complaint and is satisfied
that substantial damage has occurred or is
likely to occur;(2) Permits shall state the species to bedestroyed or taken; the method of control tobe used; the maximum number of individuals ofeach species to be destroyed or taken ; andthe disposition of individuals destroyed ortaken. The permit shall include other terms
and conditions as may seem proper andapplicable.
(3) Permits to destroy indigenous wildlife shallbe issued only after significant efforts tohaze or non-lethally deter the pest animals
have been attempted and proved ineffective.
(c) Permittees shall submit monthly summary
reports to the department on forms provided or
facsimiles that include:(1) The common name of the target and non-target
wildlife taken;(2) The number of each wildlife species;(3) The disposition of the wildlife; and(4) Any other information required by the permit.
(d) Failure to submit monthly reports is grounds
for cancellation of permits by the board or its
authorized representative.
(e) No permit shall be issued or used for thedestruction of any endangered or threatened species ofwildlife.
(f) Permits may only be amended or otherwise
altered by the board or its authorized representative.
A copy of the amendment and written approval must beattached to the permit.
(g) When species of introduced wildlife are foundto be generally harmful or destructive to agriculture
or aquaculture, native plants or wildlife, orconstituting a threat to human health or safety, theboard or its authorized representative may authorize
the destruction or control of the species in any area
for a specified time period without requiring permits
or reports.
(h) No permit is required merely to scare or herd
depredating wildlife other than endangered or
threatened species of wildlife.
[Eff 3/22/82; am andcomp 8/28/86; am and comp] (Auth: HRS §§183D-º13-124-7

61,195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§183D61, 195D-3, 195D-4, 195D-5, 195D-6, 16 U.S.C. §§1531,50 CFR §§17.11, 17.12)º13-124-8

§13-124-7§13-124-7.1 Revocation of permits. Any permit
issued pursuant to this Chapter shall be revocable fordue cause and shall be nonassignable unless otherwiseprovided by law. Any person whose permit has been
revoked shall not be eligible to apply for anotherpermit until the expiration of two years from the dateof revocation. [Eff] (Auth:HRS §§195D-3,195D-4, 195D-6) Imp: HRS §§195D-8, 195D-9)§13-124-7.2 Compliance with laws. All persons
applying for and receiving permits under this chapter
shall comply with all federal, state, and county laws,rules, and required permits or licenses. [Eff](Auth:HRS §§195D-3, 195D-4, 195D-6) Imp: HRS §§195D-8,195D-9)§13-124-8 Penalty. Any person violating any partof this chapter shall be penalized as provided by law.
[Eff 3/22/82; am and comp 8/28/86; comp](Auth:HRS §§183D-61, 195D-3, 195D-4, 195D-6) (Imp: HRS§§183D-33, 183D-61, 183D-62, 183D-63, 183D-64, 195D-8,195D-9)§13-124-9 Exemption. This chapter shall not
apply to any activity involving indigenous, endangered,or threatened wildlife which was held in captivity, orin a controlled environment on May 10, 1975; provided
that the purposes of the holding were not contrary tothe purposes of chapter 195D, HRS, and that thewildlife were not held for sale or resale. [Eff andcomp 8/28/86; am and comp] (Auth: HRS §§183D61, 195D-3, 195D-4, 195D-6) (Imp: HRS §§183D-61, 195D3, 195D-4, 195D-6)§13-124-10 Severability. These rules are
declared to be severable and if any portion or theapplication thereof to any person or property is held
invalid for any reason, the validity of the remainderof these rules or the application of the remainder toother persons or property shall not be affected. [Effº13-124-9] (Auth: HRS §§183D-2, 183D-3) (Imp: HRS §§183D-2,183D-3)º13-124-10

DEPARTMENT OF LAND AND NATURAL RESOURCES
Amendments to and compilation of chapter 124,
title 13, Hawaii Administrative Rules Regulating
Indigenous Wildlife, Endangered And Threatened
Wildlife, And Introduced Wild Birds, on the Summary
Page dated, 1996 were adopted onfollowing public hearings held on
August 4, 6, 11, 12, and 13, after public notice wasgiven in the "Honolulu Advertiser" on,"Hawaii Herald Tribune" on, "West Hawaii Today" on"Maui News" on; "Molokai Dispatch" on
They shall take effect ten days after filing with
the Office of the Lieutenant Governor.

____________________________MICHAEL D. WILSON
Chairperson of the Board
Land and Natural Resources____________________________BENJAMIN J. CAYETANO
Governor
State of Hawaii
Date:
Filed
APPROVED AS TO FORM_______________________
Deputy Attorney Generalº13-124-11,, and the