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HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 5
FORESTRY AND WILDLIFEPART 2WILDLIFE
CHAPTER 124
INDIGENOUS WILDLIFE, ENDANGERED AND THREATENEDWILDLIFE, INJURIOUS WILDLIFE, INTRODUCED WILD BIRDS,
AND INTRODUCED WILDLIFE
Subchapter 1§13-124-1§13-124-2§13-124-2.1§13-124-2.2§13-124-2.3§13-124-2.4

General Provisions

PurposeDefinitions
Revocation of permits
Compliance with laws
Exemption
Severability

Subchapter 2 Indigenous, Injurious, Introduced
Wild Birds, and Introduced Wildlife§13-124-3§13-124-4§13-124-5§13-124-6

Prohibited activities
Scientific, propagation, andeducational permits
Repealed
Permits for keeping indigenous wildlife,
introduced wild birds, game birds, andgame mammals

124-1

§13-124-7§13-124-8

Crop damage, nuisance, and threat tohuman health and safety permits
Penalty

Subchapter 3§13-124-11§13-124-12§13-124-13

Endangered and Threatened
Wildlife

Prohibited activities
Scientific, propagation, andeducational permits
Penalty

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; am
9/8/73; R 3/22/82]
SUBCHAPTER 1
GENERAL PROVISIONS§13-124-1 Purpose. The purpose of thischapter is to conserve, manage, protect, and enhanceindigenous wildlife; and manage introduced wild
birds. [Eff 3/22/82; am and comp 8/28/86; am and comp3/2/98; comp
FEB 27 2015 ] (Auth: HRS§§ 183D-2, 183D3,183D-61, 195D-3, 195D-4, 195D-6) (Imp: HRS§§ 183D2, 183D-3,195D-3, 195D-4, 195D-6)§13-124-2 Definitions. As used in this chapter
unless the 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 of

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aquatic 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 natural
resources.
"Crops" means a plant or animal or product thereof
that can be grown and harvested for profit or
subsistence.
"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, Chapter 13-124, Listof Species of Endangered Wildlife in Hawaii 11/1/14"
and as updated, which is located at the end of thischapter and incorporated by reference.
"Export" means shipment to any point outside theState.
"Feral" means having escaped or been released fromdomestication and reverted to a wild state.
"Game birds" means those birds designated bystatute or rule for hunting.
"Game mammals" means those mammals designated bystatute 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, 11/1/14" and as
updated, which is located at the end of this chapter
and incorporated by reference.
"Injurious wildlife" means any species orsubspecies of animal which is known to be harmful to124-3

agriculture, aquaculture, indigenous wildlife orplants, or constitute a nuisance or health hazard andis listed in the exhibit entitled "Exhibit 5, Chapter
13-124, List of Species of Injurious Wildlife in
Hawaii, 11/1/14" and as updated, which is located at theend of this chapter and incorporated by reference; andas established and designated by the board as injurious
wildlife.
"Introduce" means an act of releasing wildlife
into a habitat to which it is not indigenous.
"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, Chapter 13-124,
Introduced Wild Birds Other Than Game Birds Which Have
Become Established in the Wild, 11/1/14" 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.
"Non-domesticated animal" means any of various
animals that have not been domesticated by humans andthat are in a condition mainly independent of humans.
"Plant" means any member of the plant kingdom,
including seeds, roots, and other parts thereof.
"Release" means to free an animal from
confinement or restraint.
"Take" means to harass, harm, pursue, hunt, shoot,wound, kill, trap, capture, possess, or collectendangered or threatened species of wildlife, or toattempt 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, 11/1/14"
and as updated, which is located at the end of thischapter and incorporated by reference.
"Wildlife" means any member of any non-124-4

domesticated species of the animal kingdom, and gamemammals and game birds living in a wild and nondomesticated state, whether reared in captivity or not,including any mammal, fish, bird, amphibian, reptile,mollusk, crustacean, arthropod, or otherinvertebrate, and includes any part, product, egg, oroffspring thereof, or the dead body or parts thereof.
[Eff 3/22/82; am and comp 8/28/86; am and comp3/2/98; am and comp FEB 27 2015 ] (Auth: HRS §§ 183D-2,
183D-3, 183D-31, 183D-51, 183D-61, 195D-3, 195D-4,
195D-6) (Imp: HRS §§ 183D-2, 183D-3, 183D-31, 183D-51,
183D-61, 195D-3, 195D-4, 195D-6)§13-124-2.1 Revocation of permits. Any
permit issued pursuant to this chapter shall be
revocable for good cause and shall be nonassignable
unless otherwise provided by law. Any person whose
permit has been revoked shall not be eligible toapply for another permit until the expiration of two
years from the date of revocation. [Eff and comp FEB
27 2015 ] (Auth: HRS §§183D-2, 183D-3, 183D-6, 183D-61,
195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§183D-2,
183D-3, 183D-6, 183D-61, 195D-3, 195D-4, 195D-5,
195D-6, 195D-8, 195D-9)
Historical note: §13-124-2.1 is based
substantially upon §13-124-7.1. [Eff 3/2/98; R
FEB 27 2015 ]§13-124-2.2 Compliance with laws. All
persons applying for and receiving permits under thischapter shall comply with all federal, state, andcounty laws, rules, and required permits or licenses.
[Eff and comp FEB 27 2015 ] (Auth: HRS §§183D-3, 183D6, 183D-61, 195D-3, 195D-4, 195D-5, 195D-6) (Imp:
HRS §§183D-3, 183D-6, 183D-61, 195D-3, 195D-4,
195D-5, 195D-8, 195D-9)
Historical note:§13-124-2.2 is based

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substantially upon §13-124-7.2.
FEB 27 2015 ][Eff 3/2/98; R§13-124-2.3 Exemption. This chapter shallnot apply to any activity involving indigenous,
endangered, or threatened wildlife which was held in
captivity, or in a controlled environment on May 10,
1975; provided that the purposes of the holding were
not contrary to the purposes of chapter 195D, HRS,
and that the wildlife were not held for sale orresale. [Eff and comp FEB 27 2015 ] (Auth:
HRS §§183D-61, 195D-3, 195D-4, 195D-6) (Imp: HRS§§183D-61, 195D-3, 195D-4, 195D-6)
Historical note: §13-124-2.3 is based
substantially upon §13-124-9. [Eff and comp8/28/86; am and comp 3/2/98; R FEB 27 2015 ]§13-124-2.4 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. [Effand comp FEB 27 2015 ] (Auth: HRS §§183D-2, 183D-3, 195D6, 195D-10) (Imp: HRS §§183D-2, 183D-3, 195D-6, 195D10)
Historical note: §13-124-2.4 is based
substantially upon §13-124-10. [Eff 3/2/98; R FEB 27
2015 ]SUBCHAPTER 2
INDIGENOUS, INJURIOUS, INTRODUCED WILD BIRDS, AND
INTRODUCED WILDLIFE

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§13-124-3 Prohibited activities. (a) With
respect to indigenous wildlife and introduced wild
birds, and except as provided in subsection (e) or as
permitted by the department, 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; or(2) Export any such species, or any young or egg,or the dead body or skin thereof from theState.
The prohibitions against the destruction ofwild birds shall not apply to those introduced
wild birds listed as injurious wildlife.
(b) No person shall remove, damage, or disturb
the nest of any indigenous wildlife except as provided
in subsection (e) or as permitted by the department.
(c) With respect to injurious wildlife, except
as provided in subsection (e) or as permitted by thedepartment, no person shall, or attempt to:(1) Release injurious wildlife into the wild;(2) Transport live injurious wildlife to islands
or locations within the State where they
are not already established and living ina wild state; or(3) Export any such species, or the dead body orparts thereof, from the State.
(d) With respect to introduced wildlife, except
as provided in subsection (e) or as permitted by thedepartment, no person shall, or attempt to, release
introduced wildlife.
(e) The prohibited activities in this section
shall not apply to:(1) Authorized employees of the department;(2) Enforcement agents, researchers, andinspectors of the department of agricultureand United States Fish and Wildlife Service
when acting in the course of their official
duties; or(3) Persons authorized by the board or its

124-7

authorized representative and as provided
elsewhere in this chapter.[Eff 3/22/82; amand comp 8/28/86; am and comp 3/2/98; am
and comp FEB 27 2015 ] (Auth: HRS §§183D-8,
183D-61, 183D-62, 183D-63, 183D-64, 195D-3,
195D-4, 195D-5, 195D-6) (Imp: HRS §§183D-8,
183D-61, 183D-62, 183D-63, 183D-64,195D-3,
195D-4, 195D-6)§13-124-4 Scientific, propagation, andeducational permits. Permits for collecting,possessing, killing, selling or offering for sale, andtransporting indigenous wildlife, introduced wild
birds, game birds, or game mammals may be issued by theboard or its authorized representative for scientificor educational purposes including culturalactivities, or for activities which will enhance thesurvival of the wildlife species. [Eff 3/22/82; am andcomp 8/28/86; am and comp 3/2/98; am and comp FEB 27
2015 ] (Auth: HRS §§183D-6, 183D-61, 195D-3, 195D-4,
195D-6) (Imp: HRS §§183D-6, 183D-61, 195D-3, 195D-4,
195D-5, 195D-6)§13-124-5 REPEALED.

[R 3/2/98]§13-124-6 Permits for keeping indigenous
wildlife, introduced wild birds, game birds, andgame mammals. Permits may be issued by the board or
its authorized representative to qualified persons who
apply 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 the preservation, protection, and conservation of
the animals.[Eff 3/22/82; am and comp 8/28/86; am andcomp 3/2/98; am and comp FEB 27 2015 ] (Auth: HRS§§183D-6, 183D-61, 195D-3, 195D-4, 195D-6) (Imp: HRS§§183D-6, 183D-61, 195D-3, 195D-4, 195D-6)

124-8

§13-124-7 Crop damage, nuisance, and threat tohuman health and safety permits. (a) Provided that nosuch permit shall be required on private land for gamemammals when otherwise in compliance with chapter 123,
the board or its authorized representative may issue
permits to destroy or otherwise control game birds,
game mammals, introduced wildlife, or introduced wild
birds causing substantial damage to agricultural or
aquacultural crops, indigenous plants or wildlife, orpose a threat to human health and safety under thefollowing 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 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;(3) Permits for restricted use pesticides may be
issued only after an integrated animal damage
control plan has been submitted to andapproved by an authorized agent of thedepartment; or(4) When species of introduced wildlife are foundto be generally harmful or destructive toagriculture or aquaculture, native plants
or wildlife, or constituting a threat tohuman health or safety, the board or its
authorized representative may authorize thedestruction or control of the species in any
area for a specified time period without
requiring permits or reports.
(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 plants
or wildlife, or pose a threat to human health andsafety under the following conditions:

124-9

(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 be
destroyed or taken; the method of control
to be used; the maximum number ofindividuals of each species to be destroyedor taken; and the disposition ofindividuals destroyed or taken. The
permit shall include other terms andconditions as may seem proper andapplicable; and(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 nontarget 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 be
attached to the permit.
(g) 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 3/2/98; am and comp FEB 27 2015 ]

124-10(Auth: HRS §§183D-61,195D-3, 195D-4, 195D-5, 195D-6)(Imp: HRS §§183D-61, 195D-3, 195D-4, 195D-5, 195D-6)§13-124-8 Penalty. (a) Any person violating
any part of this subchapter shall be guilty of a petty
misdemeanor, and upon conviction thereof, shall bepunished as follows:(1) For a first conviction, by a mandatory fineof not less than $100, or imprisonment of
not more than thirty days, or both;(2) For a second conviction within five years ofa previous conviction, by a mandatory fineof not less than $500, or by imprisonment of
not more than thirty days, or both, and all
firearms used in the commission of such
violations shall be considered contraband tobe forfeited to and disposed of by theState; and(3) For a third or subsequent conviction within
five years of the first two or moreconvictions, by a mandatory fine of not lessthan $1,000, or by imprisonment of not morethan thirty days, or both, and all firearms
used in the commission of such violations
shall be considered contraband to beforfeited to and disposed of by the State.
(b) In addition to any other penalty imposed
under this section, a mandatory fine of $100 shall belevied for each bird illegally taken under thischapter and a mandatory fine of $500 shall be leviedfor each mammal illegally taken under this chapter.
(c) The disposition of fines collected forviolations of the provisions concerning wildlife
conservation shall be subject to HRS section 183D10.5.
(d) Except as otherwise provided by law, theboard is authorized to set, charge, and collectadministrative fines or bring legal action to recoveradministrative costs of the department or payment fordamages or for the cost to correct damages resulting
from a violation of HRS subtitle 4 of title 12 or any

124-11

rule adopted thereunder. The administrative fines
shall be as follows:(1) For a first violation, by a fine of not morethan $10,000;(2) For a second violation within five years ofa previous violation, by a fine of not morethan $15,000; and(3) For a third or subsequent violation within
five years of the last violation, by a fineof not more than $25,000.
(e) In addition, an administrative fine of up to$5,000 may be levied for each specimen of wildlife
taken, killed, injured, or damaged in violation of HRS
subtitle 4 of title 12 or any rule adopted thereunder.
(f) Any criminal action against a person for any
violation of HRS subtitle 4 of title 12 or any rule
adopted thereunder shall not be deemed to preclude theState from pursuing civil legal action to recoveradministrative fines and costs against that
person. Any civil legal action against a person torecover administrative fines and costs for any
violation of HRS subtitle 4 of title 12 or any rule
adopted thereunder shall not be deemed to preclude theState from pursuing any criminal action against that
person.
(g) Any equipment, article, instrument,
aircraft, vehicle, vessel, business record or natural
resource used or taken in violation of the provisionsof this chapter may be seized and subject toforfeiture as provided by HRS section 199-7 andchapter 712A. [Eff 3/22/82; am and comp 8/28/86; comp3/2/98; am and comp FEB 27 2015 ] (Auth: HRS §§183D-3,
183D-5, 183D-10.5, 183D-12, 199-7, 712A-4, 712A-6)(Imp: HRS §§183D-3, 183D-5, 183D-10.5, 183D-12, 1997, 712A-4, 712A-6)

124-12SUBCHAPTER 3ENDANGERED AND THREATENED WILDLIFE§13-124-11 Prohibited activities. (a)With respect to endangered and threatened species ofwildlife except as provided in subsection (c) or as
permitted by the department, no person shall or
attempt to:(1) Take, possess, process, sell, offer for sale,or transport any such species, any young or
egg, or the dead body or skin thereof within
the State; or(2) Export any such species, or any young or egg,or the dead body or parts thereof, from theState.
(b) No person shall remove, damage, or disturb
the nest of any endangered or threatened species except
as provided in subsection (c) or as permitted by thedepartment.
(c) The prohibited activities in this section
shall not apply to:(1) Authorized employees of the department;(2) Enforcement agents, researchers, andinspectors of the department of agricultureand United States Fish and Wildlife Service
when acting in the course of their official
duties; or(3) Persons authorized by the board or its
authorized representative and as provided
elsewhere in this chapter.[Eff and comp FEB
27 2015 ] (Auth: HRS §§183D-8, 183D-61, 183D64, 195D-3, 195D-4, 195D-5, 195D-6) (Imp:
HRS §§183D-8, 183D-61, 183D-64, 195D-3,
195D-4, 195D-5, 195D-6)§13-124-12 Scientific, propagation, andeducational permits. (a) Permits for collecting,possessing, killing, selling or offering for sale, andtransporting threatened wildlife may be issued by the124-13

board or its authorized representative for scientificor educational purposes including culturalactivities, or for activities which will enhance thesurvival 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 and comp FEB 27 2015] (Auth: HRS §§183D6, 183D-61, 195D-3, 195D-4,195D-5, 195D-6) (Imp: HRS§§183D-6, 183D-6, 183D-61, 195D-3, 195D-4, 195D-5,
195D-6)§13-124-13 Penalty. (a) Any person who
violates any of the provisions of this subchapter
shall be guilty of a misdemeanor and shall be punishedas follows:(1) For a first offense by a fine of not lessthan $250 or by imprisonment of not morethan one year, or both; and(2)

For a second or subsequent offense within five
years of a previous conviction by a fine of

not less than $500 or by imprisonment of not
more than one year, or both.
(b) In addition to the above penalties, except
for violations under approved habitat conservationplans under section HRS 195D-21 or approved safe
harbor agreements under section HRS 195D-22 asdetermined by the board, a fine of $5,000 for eachspecimen of a threatened species and $10,000 for eachspecimen of an endangered species intentionally,knowingly, or recklessly killed or removed from its
original growing location, shall be levied against theconvicted person.
(c) The disposition of fines collected forviolations of the provisions concerning wildlife
conservation shall be subject to HRS 183D-10.5.

124-14

(d) Except as otherwise provided by law, theboard or its authorized representative by properdelegation is authorized to set, charge, and collectadministrative fines or bring legal action to recoveradministrative fees and costs as documented byreceipts or affidavit, including attorneys' fees andcosts, or bring legal action to recover administrativefines, fees, and costs, including attorneys' fees andcosts, or payment for damages or for the cost tocorrect damages resulting from a violation of thischapter. The administrative fines shall be as
follows:(1) For a first violation, a fine of not morethan $2,500;(2) For a second violation within five years ofa previous violation, a fine of not morethan $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.
(e) In addition, an administrative fine of up to$5,000 may be levied for each specimen of wildlife orplant taken, killed, injured, or damaged in violationof this chapter.
(f) Any criminal action against a person for any
violation of this chapter shall not be deemed topreclude the State from pursuing civil legal action torecover administrative fines and costs against that
person. Any civil legal action against a person torecover administrative fines and costs for any
violation of this chapter shall not be deemed topreclude the State from pursuing any criminal action
against that person.
(g) Any equipment, article, instrument, aircraft,vehicle, vessel, business record or natural resource
used or taken in violation of the provisions of thischapter may be seized and subject to forfeiture asprovided by HRS section 199-7 and chapter 712A. [Effand comp FEB 27 2015 ](Auth: HRS §§195D-3, 195D-4, 195D-6,
195D-7, 195D-8, 195D-9, 199-7, 712A-4, 712A-6) (Imp:
HRS §§195D-3, 195D-4, 195D-6, 195D-7, 195D-8, 195D-9,
199-7, 712A-4, 712A-6)

124-15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, Injurious Wildlife, Introduced Wild Birds,
and Introduced Wildlife on the Summary Page dated
December 12, 2014 were adopted on December 12,2014
following public hearings held on March 27, 28, andApril 1, 2, 3, 4 and 5 after public notice was given
on February 17, 2013, in the Sunday editions of The
Honolulu Star-Advertiser, The Garden Island, The Maui
News, West Hawaii Today, and Hawaii Tribune-Herald.
They shall take effect ten days after filing with
the Office of the Lieutenant Governor.

__/S/ Carty S. Chang_______CARTY S. CHANG
Chairperson of the Board
Land and Natural Resources__/S/ David Ige_____________David Ige
Governor
State of Hawaii
Date: Filed with the Officeof Lieutenant Governor,
February 17 2015
Approved as to form_/S/ Linda Chow_________
Deputy Attorney General124-16