reglab/housing_qa huggingface dataset:
HI Rev Stat § 195-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-6 Natural area reserves system commission.

  §195-6 Natural area reserves system commission. There shall be a natural area reserves system commission, hereinafter called the "commission". The commission shall consist of thirteen members who shall be appointed in the manner and serve for the term set in section 26-34. Six of the members of the commission shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology; one member shall be a person possessing membership in a hiking organization organized in the State; one member shall be a person possessing membership in a hunting organization organized in the State; and one member shall be a person possessing a background in native Hawaiian traditional and customary practices. The chairperson of the board of land and natural resources, the director of the office of planning and sustainable development, the chairperson of the board of agriculture and the president of the University of Hawaii, or their designated representatives, shall serve as ex officio[,] voting members. The governor shall appoint the chairperson from one of the appointed members of the commission. The members shall receive no compensation for their services on the commission but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.  The commission shall be a part of the department for administrative purposes as provided in section 26-35.  Any action taken by the commission shall be by a simple majority of its members. Seven members of the commission shall constitute a quorum to do business.  The commission may engage employees necessary to perform its duties, including administrative personnel, as provided by section 26-35.  The commission shall adopt rules guiding its conduct and shall maintain a record of its activities and actions. [L 1970, c 139, pt of §1; am L 1987, c 336, §8 and c 350, §4; am L 1993, c 274, §1; am L 1996, c 299, §3; am L 2013, c 4, §1; am L 2021, c 153, §8]
HI Rev Stat § 195-6.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-6.5 Natural area partnership program.

  §195-6.5 Natural area partnership program. (a) There is established in the department, a natural area partnership program to provide state funds on a two-for-one basis with private funds for the management of private lands that are dedicated to conservation. Payments shall be made from the natural area reserve fund with funds specifically appropriated for this purpose.  (b) In order to qualify under this program, an applicant shall be a landowner or a cooperating entity of private land of natural area reserve quality and shall agree to:  (1) Dedicate the private land in perpetuity through transfer of fee title or a conservation easement to the State or a cooperating entity; provided that:  (A) The dedication may be revoked if state funding is terminated without the concurrence of the landowner and cooperating entity; and  (B) If a private landowner or cooperating entity elects to withdraw from the program, the perpetual conservation easement shall remain in effect;  (2) Have the private land managed by the cooperating entity or qualified landowner according to a management plan prepared by the cooperating entity or landowner and approved by the board that meets the standards established by the department for the system. The management plan shall include provisions to allow public hunting wherever feasible; provided that:  (A) Hunting activities shall be in compliance with applicable laws; and  (B) Game animals shall not be introduced to any partnership area and hunting shall be conducted as a conservation purpose of this program.  In-kind services such as heavy equipment and existing sources of labor may be utilized as a portion of the private contribution in implementing the management plan;  (3) A penalty payback provision in the event the landowner or cooperating entity ceases to implement the approved management plan, unless the board approves modifications to the plan or state funding is terminated;  (4) Submit an annual report to the board detailing the year's management accomplishments, areas needing technical advice, proposed modifications to the plan, and objectives and budget for the coming year. To facilitate the review, the department shall have the right to make inspections of the land after notifying the landowner; and  (5) Any other conditions the department shall require by rules adopted pursuant to chapter 91. [L 1991, c 326, pt of §1; am L 1992, c 180, §2]
HI Rev Stat § 195-6.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-6.6 Reports.

  §195-6.6 Reports. The department shall submit annually a comprehensive status report on the natural area reserves system and the natural area partnership program to include, but not be limited to:  (1) A description of activities and accomplishments;  (2) Compliance with chapter 42F requirements;  (3) An analysis of the problems and issues encountered in meeting or failing to meet the objectives set forth in the management plans;  (4) The status of public hunting opportunities;  (5) The financial condition of the fund, including receipts and expenditures for the fund for the previous fiscal year; and  (6) Plans and management objectives for the next fiscal year. The report shall be submitted to the governor and the legislature no later than twenty days prior to the convening of each regular legislative session. [L 1991, c 326, pt of §1; am L 1992, c 180, §3; am L 1997, c 190, §6]
HI Rev Stat § 195-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-7 Powers and duties.

  §195-7 Powers and duties. The commission shall:  (1) Establish criteria to be used in determining whether an area is suitable for inclusion with the reserves system;  (2) Conduct studies of areas for possible inclusion within the reserves system;  (3) Recommend to the governor and the department areas suitable for inclusion within the reserves system;  (4) Establish policies and criteria regarding the management, protection, and permitted uses of areas which are part of the reserves system;  (5) Advise the governor and the department on any matter relating to the preservation of Hawaii's unique natural resources;  (6) Develop ways and means of extending and strengthening presently established preserves, sanctuaries, and refuges within the State;  (7) Advise the department and other public agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which are or may be appropriate for designation as natural area reserves; and  (8) In carrying out the above duties, consult the most comprehensive up-to-date compilation of scientific data on the communities of natural flora and fauna of Hawaii. [L 1970, c 139, pt of §1; am L 1987, c 350, §5]
HI Rev Stat § 195-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-8 Penalty.

 §195-8 Penalty. (a) Any person who violates any of the laws and rules applicable to the reserves system, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not less than $1,000 or imprisoned not more than one year, or both, for each offense.  (b) Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to 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 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.  (c) 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 1970, c 139, pt of §1; am L 1981, c 74, §1; am L 2001, c 93, §1]
HI Rev Stat § 195-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-9 Natural area reserve fund; heritage program; established.

  §195-9  Natural area reserve fund; heritage program; established. (a) There is hereby established in the state treasury a special fund known as the natural area reserve fund to implement the purposes of this chapter, including the identification, establishment, and management of natural area reserves, the acquisition of private lands for new natural area reserves, the operation of the heritage program, and the provision of matching funds for the natural area partnership program. The fund shall be administered by the department.  (b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury, except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received. Investment earnings credited to the assets of the fund shall become a part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. [L 1987, c 351, §1; am L 1988, c 32, §1; am L 1991, c 326, §4] Cross References  Biological survey; designation, see §6E-61.
HI Rev Stat § 195-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-10 Alienation of natural area reserves.

  §195-10 Alienation of natural area reserves. Natural area reserves shall be held in trust and shall not be alienated except to another public use upon a finding by the department of an imperative and unavoidable public necessity. [L 1987, c 350, pt of §1]
HI Rev Stat § 195-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-11 Reserves system management plan.

  §195-11 Reserves system management plan. The department, after consulting the most comprehensive up-to-date compilation of scientific data on the communities of the natural flora and fauna of Hawaii, shall prepare a comprehensive reserves system management plan based upon such information to accomplish the purposes of this chapter. [L 1987, c 350, pt of §1]
HI Rev Stat § 195-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195. Natural Area Reserves System|195-12 Kaena point natural area reserve; vehicular access prohibited.

  §195-12 Kaena point natural area reserve; vehicular access prohibited. (a) The use of any vehicle within or traversing the Kaena point natural area reserve is prohibited, except as provided in this section. Any violation of this section shall be subject to section 195-8.  (b) The department may adopt rules pursuant to chapter 91 to allow a limited number of persons vehicular access to the Kaena point natural area reserve for department-permitted fishing and camping activities.  (c) This prohibition shall not apply to:  (1) Vehicles operated by personnel or agents of the department of land and natural resources necessary for the management and maintenance of the Kaena point natural area reserve and its resources; and  (2) Emergency vehicles, including emergency medical ambulances, police department vehicles, and fire department vehicles.  (d) For purposes of this section, "vehicle" means every motorized device in, upon, or by which any person or property is or may be transported or drawn, including all-terrain vehicles and mopeds. [L 2006, c 89, §2]
HI Rev Stat § 195D-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-1 Findings and declaration of necessity.

  §195D-1 Findings and declaration of necessity. Since the discovery and settlement of the Hawaiian Islands by humans, many species of aquatic life, wildlife, and land plants that occurred naturally only in Hawaii have become extinct and many are threatened with extinction, primarily because of increased human use of the land and disturbance to native ecosystems.  All indigenous species of aquatic life, wildlife, and land plants are integral parts of Hawaii's native ecosystems and comprise the living heritage of Hawaii, for they represent a natural resource of scientific, cultural, educational, environmental, and economic value to future generations of Hawaii's people.  To insure the continued perpetuation of indigenous aquatic life, wildlife, and land plants, and their habitats for human enjoyment, for scientific purposes, and as members of ecosystems, it is necessary that the State take positive actions to enhance their prospects for survival. [L 1975, c 65, pt of §1; am L 1983, c 111, §2; gen ch 1993] Law Journals and Reviews  Palila v. Hawaii Department of Land and Natural Resources: State Governments Fall Prey to the Endangered Species Act of 1973, Jack R. Nelson. 10 Ecology Law Quarterly 281. Case Notes  In light of this chapter and having sought to secure financial advantages under the federal Endangered Species Act, the State has impliedly consented to be sued under that Act and may be required to eradicate feral sheep and goats. 471 F. Supp. 985.
HI Rev Stat § 195D-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-3 Determination by the department relating to conservation of particular species.

  §195D-3 Determination by the department relating to conservation of particular species. (a) The department is authorized to conduct investigations on any species of aquatic life, wildlife, and land plants in order to develop information relating to their biology, ecology, population, status, distribution, habitat needs, and other limiting factors to determine conservation measures necessary for their continued ability to sustain themselves successfully.  (b) The department is authorized to adopt pursuant to chapter 91, rules relating to the taking, possession, transportation, transplantation, importation, exportation, processing, selling, offering for sale, or shipment of any species of aquatic life, wildlife, and land plant for the purpose of conserving the same.  (c) Except as permitted by rules adopted by the department, it shall be unlawful for any person to take, possess, transport, transplant, export, process, sell, offer for sale, or ship any species of aquatic life, wildlife, or land plants deemed by the department to be in need of conservation pursuant to this section. [L 1975, c 65, pt of §1; am L 1983, c 111, §4; am L 1988, c 68, §1]
HI Rev Stat § 195D-4.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-4.5 Taking a monk seal prohibited.

  §195D-4.5 Taking a monk seal prohibited. (a) A person commits the offense of taking a monk seal if the person intentionally or knowingly takes a Hawaiian monk seal (Monachus schauinslandi).  (b) Any person convicted of taking a monk seal shall be guilty of a class C felony; provided that in addition to any other sentence, the environmental court may impose a fine up to $50,000. [L 2010, c 165, §2; am L 2014, c 218, §8]
HI Rev Stat § 195D-5.1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-5.1 Protection of Hawaii's unique flora and fauna.

  §195D-5.1 Protection of Hawaii's unique flora and fauna. 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. [L 1987, c 82, §2] Cross References  Biological survey; designation, see §6E-61.
HI Rev Stat § 195D-5.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-5.5 Products to support the environment.

  §195D-5.5 Products to support the environment. (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.
HI Rev Stat § 195D-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-6 Rules.

  §195D-6 Rules. The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §7; am L 1997, c 380, §6]
HI Rev Stat § 195D-6.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-6.5 Interim rulemaking.

  §195D-6.5 Interim rulemaking. (a) The department, subject to the provisions of this section, may declare any indigenous species as endangered and establish, implement, and enforce interim rules governing the exportation from the State or the taking, possession, sale, offer for sale, delivery, or transport within the State, by any means whatsoever, of any such endangered species. These rules shall not be subject to chapter 91.  (b) An interim rule may be adopted in the event that the exportation, taking, possession, sale, offer for sale, delivery, or transport of any indigenous species, in the absence of effective rules, creates a significant risk of a local extirpation or species extinction, which is so imminent in nature as to constitute an emergency. No interim rule may be adopted without such finding by the department.  (c) Interim rules adopted pursuant to this section shall be effective as stated by the rules; provided that:  (1) Any interim rule shall be published statewide at least once as provided in section 1-28.5(a)(1) within five days after issuance; and  (2) No interim rule shall be effective for more than one hundred eighty days. [L 2004, c 32, §2]
HI Rev Stat § 195D-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-7 Enforcement.

  §195D-7 Enforcement. (a) Any employee or agent of the department upon whom the board has conferred powers of police officers, including the power to serve and execute warrants and arrest offenders, or issue citations throughout the State, and any police officer of the counties of this State shall have the authority to enforce any of the provisions of this chapter or any rule adopted under this chapter.  (b) Any employee or agent of the department, for the purpose of enforcing the terms and conditions of any license issued under this chapter and upon written notification to the affected landowner, may enter upon, cross over, be upon, or remain upon privately owned lands for such purposes and shall not be subject to arrest for trespass while so engaged or for such cause thereafter.  (c) A landowner of property on which an endangered species exists shall not be liable for civil damages for injuries to employees of, or persons under contract with the department if injury to those employees or persons caused by their own negligence occurs while those employees or persons are enforcing the terms and conditions of any license issued under this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §8; am L 1997, c 380, §7]
HI Rev Stat § 195D-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-8 Search and seizure.

  §195D-8 Search and seizure. Any officer or agent authorized pursuant to section 195D-7 shall have the authority to conduct searches as provided by law and to seize any equipment, business records, merchandise, aquatic life, wildlife, or land plant taken, possessed, transported, sold, offered for sale, or used in violation of any section of this chapter or any rule adopted hereunder, and any of the foregoing so seized shall be held by the department pending disposition of environmental court proceedings, or the department prior to forfeiture, may direct the transfer of aquatic life, wildlife, or land plants so seized to a qualified ichthyological, zoological, botanical, educational, or scientific institution for safekeeping, costs thereof to be paid by the defendant. Upon conviction of the person or persons from whom the seizure was made, the environmental court shall declare the items seized forfeited to the State. Such items shall be destroyed or disposed of in any manner as the department may deem appropriate. [L 1975, c 65, pt of §1; am L 1983, c 111, §9; am L 2014, c 218, §8]
HI Rev Stat § 195D-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|195D. Conservation of Aquatic Life, Wildlife, and Land Plants|195D-10 Severability.

  §195D-10 Severability. Should any section, subsection, sentence, clause, or phrase of this chapter, or any rule adopted pursuant thereto be for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or rule adopted pursuant thereto. [L 1975, c 65, pt of §1; am L 1983, c 111, §11] Note  The amendment made by L 2014, c 218, §8 is not included in this section.