reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-21 Penalties.

§183-21 Penalties.
Any person who receives actual notice from the department that one or more cattle or horses belonging to such person have been found to be and are on any forest reserve, game management area, public hunting area, or natural area reserve referred to in section 183-19, excepting in the case of the owner of the land, and who fails or neglects within ten days after the receipt of the notice to remove the cattle or horses from any area or reserve, or to shoot or destroy the cattle or horses, shall be fined $10 for each animal belonging to the person thereafter found on any forest reserve, game management area, public hunting area, or natural area reserve and proven to have been thereon at the time of the service of the notice. If any cattle or horses are still found on any forest reserve, game management area, public hunting area, or natural area reserve, more than ten days after the notice has been served on the owner regarding those same cattle or horses, the department may remove, shoot, or destroy the cattle or horses without compensation to the owner. All cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve shall be deemed prima facie to be the property of the person whose brand if any they bear. [L 1921, c 222, pt of §2; RL 1925, §586, subs 11; RL 1935, §194; RL 1945, §1029; RL 1955, §19-12; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-21; am L 1986, c 339, §10; am L 1988, c 337, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-22 Disposition of fines, etc.

§183-22 Disposition of fines, etc.
All fines, costs, and other charges imposed or collected pursuant to sections 183-19 to 183-21, shall be deposited in the treasury of the State for use by the department of land and natural resources for forestry purposes and all such sums as may be so collected and deposited are appropriated for those purposes. [L 1921, c 222, pt of §2; RL 1925, §586, subs 12; RL 1935, §195; RL 1945, §1030; RL 1955, §19-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-22]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-31 Watershed areas.

§183-31 Watershed areas.
The department of land and natural resources shall determine, after public hearing held in the same manner as provided in section 91-3, areas which are watersheds.
The term "watershed" as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2) an area where water infiltrates into artesian or other ground-water areas from which the domestic water supply of any city, town or community is or may be obtained. [L 1949, c 274, §2; RL 1955, §19-21; am L 1965, c 96, §15; HRS §183-31]
Cross References
Other water development provisions, see chapter 174.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-32 Use of funds, etc.

§183-32 Use of funds, etc.
Such funds as may be appropriated shall only be used by the department of land and natural resources (1) to acquire by purchase or exchange any land, or any interest in any land, within an area which the department has, pursuant to section 183-31 determined to be a watershed and (2) to acquire by condemnation forest reserve easements in any such area; provided that no land shall be subject to such condemnation by the department if the owner thereof, prior to commencement of condemnation proceedings, has surrendered in perpetuity the care, custody, and control of the land to the State as a forest reserve; provided that no funds appropriated by this part shall be used to condemn all or any portion of, or any interest in, any parcel of land now held in fee simple by one or more persons, which parcel has a total area of twenty acres or less, if on July 1, 1949, any portion of the parcel was improved or used for residential purposes, unless the lot or lots are, after July 1, 1949, subdivided for transfer of title into lot sizes of less than one-third acre, in which case all the lots of less than one-third acre may be condemned, and the prohibition thereof shall also be applicable to any lots into which any such parcel shall be subdivided whether or not the lots after the subdivision shall be improved or unimproved. Nothing herein shall prevent the department to accept surrenders for a term of years as provided in section 183-15.
The term "forest reserve easement" as used in this part means and includes the right to the possession and control of land for the purposes of protecting and promoting forest growth thereon and of protecting the surface and underground waters from pollution or contamination, including, without limitation to the general ­ity of the foregoing, the right to exclude the owner in fee (except as hereinafter provided) and all others from the land; provided that the term shall not include any water right, nor shall it authorize the department to deprive the fee simple owner or the owner's lessee of the right to enter upon the owner's land for the purpose of taking, developing, or storing water, or for any other purpose incidental to the full use and enjoyment of the owner's water rights, or of any other rights in the land, provided reasonable means be taken to prevent undue destruction of forest cover and pollution or contamination of water by such activity.
When any forest reserve easement is acquired, the department shall protect and promote the forest growth thereon to the end that the water rights of the fee simple owner will not be impaired. [L 1949, c 274, §3; RL 1955, §19-22; am L 1959, c 263, §4(a); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-32; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-33 Effect on other agencies.

§183-33 Effect on other agencies.
This part shall not amend, limit or in any other manner affect the powers of condemnation conferred upon the several counties, the board of water supply of the city and county of Honolulu, the department of land and natural resources and public utility water companies, by any other law, it being the intent of this part to provide additional funds for the use of the department and to only limit them in the use of the additional funds. [L 1949, c 274, §5; RL 1955, §19-24; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-33]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-34 Use of lands and funds.

§183-34 Use of lands and funds.
No land or interest therein acquired under this part shall be used for other than forest reserve purposes, or purposes directly connected with water supply development except as otherwise provided by act of the legislature, nor shall any provision of this part be construed to authorize the expenditure of funds herein appropriated for the acquisition of any water rights. [L 1949, c 274, §6; RL 1955, §19-25; HRS §183-34]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-35 Vouchers for expenditures.

§183-35 Vouchers for expenditures.
Such moneys herein as may be appropriated shall be expended upon warrants drawn by the comptroller of the State upon vouchers signed by the department of land and natural resources. [L 1949, c 274, §7; RL 1955, §19-26; am L 1957, c 152, §1; am L 1959, c 263, §4(b); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-35]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-42 Strip mining; prior approval of license or permit.

§183-42 Strip mining; prior approval of license or permit.
No original permit or license for strip mining on land within the forest reserve boundaries shall be issued by any officer or agency of the State without the prior approval and concurrence of the department. In determining whether to grant or withhold such approval, the department shall be guided by the standards set forth in chapter 183C. [L 1957, c 234, §3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §19-71; HRS §183-42; am L 1981, c 85, §9; am L 1995, c 11, §4 and c 69, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-44 Fishponds; rules.

§183-44 Fishponds; rules.
(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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-45 Accreted land.

§183-45 Accreted land.
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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183B. Hawaiian Fishponds › 183B-1 Definitions.

§183B-1
Definitions.
As used in this chapter:
"Hawaiian fishponds" means the unique, traditional system and methodology of aquaculture practiced by the aboriginal people of Hawaii, and found nowhere else in the world. Generally referred to as "loko i`a", the system mastered by ancient Hawaiians includes but is not limited to loko kuapa, loko umeiki, and loko pu`uone. Loko i`a are natural or artificial enclosures; loko kuapa are enclosures built upon a reef, loko umeiki are a type of permanent fish-trap structure, and loko pu`uone are enclosed by sand. The term does not include any fishpond designed in a manner or constructed for purposes other than those associated with traditional loko i`a management and culture. [L 1995, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183B. Hawaiian Fishponds › 183B-2 Exemption from environmental impact statement law.

§183B-2
Exemption from environmental impact statement law.
The proposed reconstruction, restoration, repair, or use of any Hawaiian fishpond shall be exempt from the requirements of chapter 343; provided that it will comply with the following conditions:
(1) The fishpond is not adjacent to a sandy beach;
(2) The fishpond stocks only native aquatic organisms;
(3) The fishpond does not operate as an intensive culture system in which cultured organisms require frequent or periodic artificial feeding, artificial aeration of water, or artificial pumping of water through the fishponds for their growth and survival;
(4) Bulk chemicals are not added to the water for the control of pathogens or parasites;
(5) Coastal access is allowed to any person mauka of the fishpond and makai of walls;
(6) The fishpond and its operations do not harm any threatened or endangered species; and
(7) The fishpond is not used for water recreational purposes except those recreational activities customarily and traditionally practiced in Hawaiian fishponds prior to 1778. [L 1995, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183B. Hawaiian Fishponds › 183B-3 Department assistance.

§183B-3 Department assistance.
The department of land and natural resources shall actively assist applicants applying for permits, certifications, and approvals to reconstruct, restore, repair, and use Hawaiian fishponds. The program shall assist applicants in sending permit applications to all affected agencies. [L 1995, c 177, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-1 Findings and purpose.

§183C-1 Findings and purpose.
The legislature finds that lands within the state land use conservation district contain important natural resources essential to the preservation of the State's fragile natural ecosystems and the sustainability of the State's water supply. It is therefore, the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety and welfare. [L 1994, c 270, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-2 Definitions.

§183C-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Board" means the board of land and natural resources.
"Chairperson" means the chairperson of the board of land and natural resources.
"Conservation district" means those lands within the various counties of the State bounded by the conservation district line, as established under provisions of Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or future amendments thereto.
"Department" means the department of land and natural resources.
"Kuleana" means those lands granted to native tenants pursuant to L. 1850, p. 202 entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended.
"Land" means all real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided.
"Landowner" means an owner of land or any estate or interest in that land.
"Land use" means:
(1) The placement or erection of any solid material on land;
(2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;
(3) The subdivision of land; or
(4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land.
"Nonconforming" use means the lawful use of any building, premises or land for any trade, industry, residence or other purposes which is the same as and no greater than that established prior to October 1, 1964, or prior to the inclusion of the building, premises, or land within the conservation district. [L 1994, c 270, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-3 Powers and duties of the board and department.

§183C-3 Powers and duties of the board and department.
The board and department shall:
(1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;
(2) Identify and appropriately zone those lands classified within the conservation district;
(3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;
(4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;
(5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;
(6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and
(7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department. [L 1994, c 270, pt of §1]
Case Notes
Section 13-5-23(L-6), Hawaii Administrative Rules, allowing for construction of single family residences within floodplains and coastal high hazard areas when granted permit approval from the board of land and natural resources, was not facially unconstitutional under the equal protection clause of the Fourteenth Amendment to the U.S. Constitution because it was rationally related to the State's legitimate interests. 438 F. Supp. 2d 1186 (2006).
The board of land and natural resources was not required to engage in rule-making to adopt a standardized methodology for valuation of damages to conservation lands before making a valuation of damage to land in the conservation district resulting from excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).
The intermediate court of appeals correctly determined that the board of land and natural resources had jurisdiction, pursuant to paragraph (7), to institute a proceeding to enforce land use regulations on conservation district lands in a case involving the alleged damages to state lands and natural resources due to excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-5 Nonconforming uses.

§183C-5
Nonconforming uses.
Neither this chapter nor any rules adopted hereunder shall prohibit the continuance of the lawful use of any building, premises, or land for any trade, industrial, residential, or other purpose for which the building, premises, or land was used on October 1, 1964, or at the time any rule adopted under authority of this part takes effect. All such existing uses shall be nonconforming uses. Any land identified as a kuleana may be put to those uses which were historically, customarily, and actually found on the particular lot including, if applicable, the construction of a single family residence. Any structures may be subject to conditions to ensure they are consistent with the surrounding environment. [L 1994, c 270, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-6 Permits and site plan approvals.

§183C-6
Permits and site plan approvals.
(a) The department shall regulate land use in the conservation district by the issuance of permits.
(b) The department shall render a decision on a completed application for a permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the owner may automatically put the owner's land to the use or uses requested in the owner's application. When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, the one hundred eighty days shall be extended an additional ninety days beyond the time necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the applicant shall be subject to the approval of the board.
(c) The department shall hold a public hearing in every case involving the proposed use of land for commercial purposes, at which hearing interested persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the hearing shall be given at least once statewide and in the county in which the property is located. The notice shall be given not less than twenty days prior to the date set for the hearing. The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or hearings, the department shall have the power to summon witnesses, administer oaths, and require the giving of testimony. As used in this subsection, the term "commercial purposes" shall not include the use of land for utility purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2. [L 1994, c 270, pt of §1; am L 1995, c 177, §4; am L 1998, c 2, §50; am L 2016, c 216, §1]
Case Notes
Although subsection (b) references the "hold[ing] [of] a hearing" as part of the permitting process for uses in the conservation district, it does not mandate one; the court could not read the statute to require a hearing for all permit applications in the absence of mandatory language directing the agency to do so. 131 H. 193, 317 P.3d 300 (2013).
The university's conservation district use application necessitated a hearing required by law, i.e., by the administrative rules governing the department of land and natural resources and board of land and natural resources. 131 H. 193, 317 P.3d 300 (2013).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-7 Penalty for violation.

§183C-7 Penalty for violation.
(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]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-8 Zoning order; appeal to circuit environmental court.

§183C-8 Zoning order; appeal to circuit environmental court.
Except as otherwise provided in this chapter, any final order of the department based upon this chapter may be appealed to the circuit environmental court of the circuit in which the land in question is found. The appeal shall be in accord with chapter 91 and the Hawaii rules of civil procedure. [L 1994, c 270, pt of §1; am L 2014, c 218, §8; am L 2016, c 48, § §7, 14; am L 2019, c 213, §1]
Rules of Court
Appeal to circuit court, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183C. Conservation District › 183C-9 Contested cases.

§183C-9 Contested cases.
(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision, except for those appeals heard pursuant to this chapter arising in whole or in part from part III of chapter 205A or arising in whole or in part from chapter 115. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.
(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §2, 14; am L 2019, c 213, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-1 Definitions.

§183D-1 Definitions.
As used in this chapter, unless the context indicates otherwise:
"Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes.
"Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof.
"Board" means the board of land and natural resources.
"Department" means the department of land and natural resources.
"Feral deer" means a deer that has escaped or been released from domestication and is living in a wild and unconfined state.
"Game" means birds and mammals designated by law or by rule for hunting.
"Game birds" means birds designated by law or by rule for hunting.
"Game mammals" means mammals designated by law or by rule for hunting.
"Possess" means to place under direct physical control, restraint, or confinement.
"Predators" means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats.
"Release" means to free an animal from effective confinement or restraint.
"Take" means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess.
"Wild birds" means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds.
"Wildlife" means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section.
"Wild mammals" means mammals, other than game mammals, living in a wild and undomesticated state, and the young of those mammals. [L 1985, c 174, pt of §4; am L 1986, c 272, §1; am L 2001, c 177, §1; am L 2012, c 144, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-4 Game management areas, wildlife sanctuaries, public hunting areas.

§183D-4 Game management areas, wildlife sanctuaries, public hunting areas.
(a) For the purposes of preserving, protecting, conserving, and propagating wildlife, the department shall establish, maintain, manage, and operate game management areas, wildlife sanctuaries, and public hunting areas on land under its control and, as it deems desirable, enter into agreements for taking control of privately owned lands for those purposes.
(b) For the purposes of this section:
"Game management area" means an area so designated by either executive order, rule, cooperative agreement, or action of the board of land and natural resources that has been set aside for the primary purpose of managing, sustaining, and enhancing habitat and populations of game mammals and/or game birds, and providing public hunting and, secondarily, other compatible uses.
"Public hunting area" means those lands designated by the board of land and natural resources as areas where the public may hunt game birds and mammals, including:
(1) Game management areas;
(2) Forest reserves and surrendered lands;
(3) Natural area reserves;
(4) Restricted watersheds;
(5) Cooperative game management areas;
(6) Military training areas;
(7) Unencumbered state lands;
(8) Designated sanctuaries; and
(9) Other lands designated by the board. [L 1985, c 174, pt of §4; am L 1999, c 122, §1; am L 2001, c 118, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-6 Permits for taking wildlife for scientific, educational, or propagation purposes.

§183D-6 Permits for taking wildlife for scientific, educational, or propagation purposes.
(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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-7 Expenditures.

§183D-7 Expenditures.
(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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-8 Cooperation with other governmental authorities.

§183D-8 Cooperation with other governmental authorities.
The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States, or other governmental authorities having an interest in the subject matter of this chapter, in every way possible, for the promotion of the purposes of this chapter. More specifically the department may permit the appropriate agency of the United States to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree. [L 1985, c 174, pt of §4]
Cross References
Wildlife restoration projects, cooperation of Interior Department, see 55 Stat. 632, chapter 367.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-9 Federal aid in wildlife restoration.

§183D-9 Federal aid in wildlife restoration.
The State assents to the provisions of the Pittman-Robertson Federal Aid in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. §669), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative wildlife restoration and management projects, as defined in the Act of Congress and in compliance with the Act and rules and regulations promulgated by the Secretary of the Interior thereunder; provided that federal aid funds granted under the Act shall be used for the purposes of approved projects, and no funds accruing to the State from license fees paid by hunters shall be diverted for any purpose other than as provided for in the Act and rules and regulations promulgated pursuant thereto. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-11 Informer's fee.

§183D-11 Informer's fee.
One-half of the fine imposed and collected in all cases where the defendant has been convicted for a violation of any of the provisions of this chapter or chapter 195D shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply, if the informer is a regular salaried sheriff, deputy sheriff, police officer, warden or constable, or officer or agent of the department. [L 1985, c 174, pt of §4; am L 1987, c 283, §17; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-12 General administrative penalties.

§183D-12
General administrative penalties.
(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative costs of the department or payment for damages or for the cost to correct damages resulting from a violation of subtitle 4 of title 12 or any rule adopted thereunder. The administrative fines shall be as follows:
(1) For a first violation, by a fine of not more than $10,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.
(b) 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 subtitle 4 of title 12 or any rule adopted thereunder.
(c) Any criminal action against a person for any violation of subtitle 4 of title 12 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 subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1996, c 152, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-13 Interstate wildlife violator compact.

§183D-13 Interstate wildlife violator compact.
(a) The department may enter into the interstate wildlife violator compact or similar agreement, whether in the form of a memorandum of understanding, written agreement, or mutual aid compact, with an appropriate state, federal, or foreign entity for mutual assistance in the enforcement of hunting, fishing, and other wildlife laws, rules, or regulations in their respective jurisdictions.
(b) The department may adopt rules pursuant to chapter 91 necessary to implement this section. [L 2021, c 142, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-21 Hunting licenses required.

§183D-21 Hunting licenses required.
No person shall hunt, pursue, kill, or take any game bird or mammal without first procuring a hunting license; provided that section 183D-32 to the contrary notwithstanding, no license shall be required of persons who may be authorized in writing by the board to destroy game birds or game mammals injurious to forest growth or agriculture, or that constitute a nuisance or a health hazard. [L 1985, c 174, pt of §4; am L 1998, c 88, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-22 Application and issuance of licenses; fees.

§183D-22 Application and issuance of licenses; fees.
(a) A hunting license shall be issued to a person by an agent of the department upon:
(1) Written application in the form prescribed by the department;
(2) Payment of a hunting license fee or any other hunting related fee the board may require as provided in this chapter; except that payment of the fee shall be waived for any employee of the department who is required to have a license to carry out duties of the department; and
(3) Showing of a valid Hawaii hunter education certificate or written exemption issued under section 183D-28 or upon showing proof of completion of an approved hunter education course described in section 183D-28(b)(2).
The application shall require a statement under oath of the applicant's name, address, domicile or residence, length of residence in the State, age, race, height, weight, and color of hair and eyes.
(b) The hunting license fee shall be:
(1) $10 for any person who has resided in the State for one year or longer, or who is a member of the armed forces of the United States on active duty and the spouse and children thereof, or who elects to forgo the exemption provided in paragraph (4);
(2) $95 for all other persons;
(3) $50 for a three-day period and $95 for a seven-day period for hunting on a private and commercial shooting preserve for persons who do not meet the requirements of paragraph (1) or (4); and
(4) Free to all Hawaii residents sixty-five years of age or older and to all persons with Hansen's disease who are residents of Kalaupapa, Molokai.
(c) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, restore, or reinstate such a license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1985, c 174, pt of §4; am L 1988, c 12, §2 and c 31, §1; am L 1989, c 96, §1; am L 1992, c 127, §1; am L 1997, c 293, §10; am L 1998, c 88, §2; am L 1999, c 224, §1; am L 2007, c 129, §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
Case Notes
Section 183D-10.5 and this section provided the authority for the department of land and natural resources to require payment of a fee for a hunting-related article such as a stamp; however, since game bird hunting was an activity permitted under this chapter, the department was required under §183D-3 to adopt a rule pursuant to §91-3 when setting the stamp fees for hunting. 117 H. 16 (App.), 175 P.3d 126 (2007).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-23 Licenses expire when.

§183D-23 Licenses expire when.
All licenses shall expire on June 30 next following the date of issuance, except for licenses obtained pursuant to section 183D-22(b)(3). [L 1985, c 174, pt of §4; am L 2007, c 129, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-24 Duplicate licenses.

§183D-24 Duplicate licenses.
Duplicate licenses may be issued upon application stating under oath that the original license has been lost or destroyed and upon payment of a fee of fifty per cent of the current cost of a resident license as provided in section 183D-22(b)(1). [L 1985, c 174, pt of §4; am L 1998, c 288, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-25 Licenses; display thereof.

§183D-25 Licenses; display thereof.
No person to whom a hunting license has been issued shall permit any other person to carry, display, or use the license in any way. Every person to whom a hunting license has been issued shall physically possess the license when hunting and shall show the license upon the demand of any officer authorized to enforce the game laws of the State. No person, upon the request of an officer, shall refuse to show the license or withhold permission to inspect the person's game bag, container, hunting coat or jacket, or carrier, or vehicle of any kind where game might be concealed. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-25.5 Hunting guides; licensing and reporting requirements.

§183D-25.5 Hunting guides; licensing and reporting requirements.
(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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-26 Hunting on private lands prohibited.

§183D-26 Hunting on private lands prohibited.
(a) No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife including game without first having obtained permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder.
(b) No prosecution shall be brought under this section, except upon the sworn complaint of the owner, occupier, or holder of the land or premises, or a duly appointed agent, or if the owner, occupier, or holder is either a corporation or a partnership, then the complaint shall be sworn to by an officer of the corporation or by one of the members of the partnership. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-27 Night hunting on private lands; prohibition.

§183D-27 Night hunting on private lands; prohibition.
Notwithstanding section 183D-26, no person shall take or pursue any game bird, game mammal, wild bird, or wild mammal at night on privately owned lands, except as authorized by the department pursuant to section 183D-61. For the purpose of this section, "night" means the period between one-half hour after sunset and one-half hour before sunrise. [L 1985, c 174, pt of §4; am L 1987, c 156, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-27.5 Harassment of hunters; prohibition. (a) No person shall intentionally prevent or attempt to prevent the lawful taking of game by a person licensed pursuant to section 183D-21 by: (1) Placing the person's self in a location in which human presence may affect the behavior of game to be taken or the feasibility of taking such game; (2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken; (3) Affecting the condition or placement of personal property intended for use in the taking; or (4) Obstructing the person's access to areas in which the person intends to lawfully take game. (b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section. (c) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both. [L 1995, c 186, §1]

§183D-27.5
Harassment of hunters; prohibition.
(a) No person shall intentionally prevent or attempt to prevent the lawful taking of game by a person licensed pursuant to section 183D-21 by:
(1) Placing the person's self in a location in which human presence may affect the behavior of game to be taken or the feasibility of taking such game;
(2) Creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken;
(3) Affecting the condition or placement of personal property intended for use in the taking; or
(4) Obstructing the person's access to areas in which the person intends to lawfully take game.
(b) No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner's agent, with intent to violate this section.
(c) The maximum penalty for violation of subsection (a) or (b) is a fine of $500, thirty days imprisonment, or both. [L 1995, c 186, §1]