reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-29 Agents to collect application fees and sell licenses.

§183D-29 Agents to collect application fees and sell licenses.
(a) The department may designate agents to collect hunting application fees and sell hunting licenses in accordance with this section. Agents shall report all collections of application fees and sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by the report. Wilful failure to make a report shall be cause for cancellation of the agency and upon the cancellation a full accounting and settlement for all applications and licenses shall be made forthwith. All fees collected including application fees shall be remitted to the department at the same time as the report of license sales is made. If the agents prepay for the licenses, then the fees collected shall be retained by the agents, rather than remitted to the department.
(b) Agents shall receive ten per cent of the value of application fees collected and licenses sold. All reports on application fee collections and license sales shall be made on forms supplied by the department. The duly authorized agents of the department may administer oaths as required in license applications. Chapter 40 shall not apply to the agents. [L 1985, c 174, pt of §4; am L 1987, c 160, §1; am L 1988, c 12, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-31 Game birds, declaration by department.

§183D-31 Game birds, declaration by department.
(a) The department may declare, by rule adopted pursuant to chapter 91, any bird which has been or may be introduced into the State to be propagated for hunting purposes, to be a game bird within the meaning of this chapter.
(b) Nothing in this section shall be construed as permitting the taking, stalking, pursuing, or killing of any game bird under domestication or in the legal possession or control of any person, or where otherwise prohibited by law or rule of the department. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-32 Open and closed seasons and bag limits on game birds.

§183D-32 Open and closed seasons and bag limits on game birds.
(a) No person shall intentionally, knowingly, or recklessly take, kill, pursue, or have in possession any bird declared as a game bird by law or by rule of the department at any time, except during an open season duly established and designated by the department for taking, killing, or possessing the same, or except as provided in sections 183D-21, 183D-33, 183D-34, 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, 183D-41, or 183D-42.
(b) Nothing in this section shall be construed as making it unlawful for any person to possess under refrigeration, a number of game birds, legally killed, greater than that fixed as a bag limit by any rule of the department, but not in excess of the daily bag limit for five days. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-34 Private and commercial shooting preserve and farmer's license.

§183D-34 Private and commercial shooting preserve and farmer's license.
(a) For the purpose of encouraging private and commercial shooting preserves, game bird farming, and the domestication and propagation of game birds, a license authorizing the licensee to engage in the business of conducting a private and commercial shooting game preserve, or breeding and selling game birds, as limited in this section, shall be issued by the department pursuant to rules as may be adopted by the department, to any responsible resident person duly applying therefor. The licenses shall expire on June 30 of each year.
(b) The fee for private and commercial shooting preserves and farmer's licenses shall be set by the department; provided that the department may authorize any governmental agency to breed and sell game birds, and may authorize any person to possess lawfully obtained game birds. The fees collected under this subsection shall be deposited into the wildlife revolving fund under section 183D-10.5. [L 1985, c 174, pt of §4; am L 1995, c 135, § §1, 3; am L 1996, c 50, §3; am L 1999, c 224, §3; am L 2007, c 129, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-35 Importation; sale of game birds.

§183D-35 Importation; sale of game birds.
(a) Any responsible resident of good character who is a holder of the license defined in section 183D-34 may bring within the State and have the custody of, for the purpose of conducting a private and commercial shooting preserve, domestication, propagation, or selling, as provided in this chapter, any game bird, except those prohibited by section 150A-6.
(b) Any game bird brought within the State or reared in captivity within the State may be sold or transported for propagation, for food, or for other purposes, if tagged as provided in section 183D-36. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-36 Carcass to be tagged.

§183D-36 Carcass to be tagged.
Any licensee may possess, transport, or sell any game bird brought into the State or raised in captivity within the State as set forth in this section. The carcasses of the game birds may be possessed, transported, or sold at any time, if tagged as directed by the department with an indestructible tag or seal to be supplied by the department to the licensee upon payment of the actual cost. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-37 Retail dealer's license.

§183D-37 Retail dealer's license.
The keeper of a hotel, restaurant, boardinghouse, or club, or any retail dealer in meats, may sell carcasses or parts thereof purchased or received from a licensed game bird farm, tagged and sealed, to any patron or consumer for actual consumption, after securing a license for those purposes from the county director of finance. The license shall cost $5 a year, and shall expire on June 30 of each year. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-38 Transportation.

§183D-38 Transportation.
Any common carrier, at any time, may transport game birds, if the carcasses or parts thereof are tagged or sealed, but to every coop or package containing tagged or sealed game birds, there shall be affixed an additional tag or label upon which shall be plainly printed or written the name of the licensee, the name of the consignee, the name of the person by whom the same was tagged or sealed, and the number of game birds, the carcasses, or parts thereof contained therein. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-39 Report by licensed private and commercial shooting preserve operator; farmer.

§183D-39 Report by licensed private and commercial shooting preserve operator; farmer.
The licensee shall make quarterly reports on the first of July, October, January, and April to the department on forms to be furnished by the department. The report shall give a correct statement of:
(1) The total number of game birds owned, killed, transported, or sold during the period under this chapter;
(2) The names of the persons to whom the same were transported or sold;
(3) The names of the persons by whom the same were tagged and sealed;
(4) The increase of all classes of game birds; and
(5) Such other data as the department deems necessary for the proper protection of the public and observance of the game laws.
Each report shall be verified by the affidavit of the licensee. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-40 Permit; authority under.

§183D-40 Permit; authority under.
After first having obtained a permit from the department, a licensee may obtain any number of game birds from any state game farm or from city park boards from another county, state, or foreign jurisdiction, or, with the consent of the department, transfer to another licensee any game bird taken or secured under this chapter. A licensee, after obtaining a permit may sell, give away, or dispose of the eggs of any game bird, lawfully in the licensee's possession, for propagation purposes only. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-41 Game birds when exclusive property.

§183D-41 Game birds when exclusive property.
Game birds maintained upon enclosed land, upon which notice has been posted that the same is a game farm or upon any land or property upon which notice has been posted that the same is a private and commercial shooting preserve, shall be the exclusive property of the licensed holder. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-42 Inspection of private and commercial shooting preserve and game farm.

§183D-42 Inspection of private and commercial shooting preserve and game farm.
Any member of the board or an authorized representative may enter, at any time, upon any private and commercial shooting preserve or game farm of a licensee for the purpose of inspection thereof, or for the purpose of enforcing this chapter or any game law. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-51 Game mammals defined; exception.

§183D-51 Game mammals defined; exception.
(a) For the purposes of enforcing the wildlife laws of the State the following named mammals are hereby designated as game mammals when living in a wild or feral state not under domestication: deer (family Cervidae), pronghorn (family Antilocapridae), goat (Capra hircus), sheep (Ovis aries), cattle (Bos taurus), pig (Sus scrofa), and any other mammal that may be or has been introduced into the State and released for hunting and for which a hunting season is established by law or by rule of the department.
(b) Nothing in this section shall permit the taking, catching, pursuing, or killing of any mammal in the legal possession or control of any person, or where otherwise prohibited by law or by rule of the department. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-52 Interisland transportation and possession of wild or feral deer prohibited.

§183D-52 Interisland transportation and possession of wild or feral deer prohibited.
No person shall intentionally, knowingly, or recklessly possess, transfer, transport, or release after transport through interisland movement any live wild or feral deer unless permitted by the department or other department of the State. [L 2012, c 144, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-61 Permits to take wild birds, game birds, and game mammals.

§183D-61 Permits to take wild birds, game birds, and game mammals.
(a) Notwithstanding the provisions contained in this chapter, the department may adopt rules pursuant to chapter 91:
(1) Authorizing the taking and collecting of wild birds, game birds, and game mammals for scientific and educational purposes, or for the purpose of distributing wild birds to different localities in the State pursuant to this title;
(2) Authorizing the keeping of wild birds in captivity for the protection, treatment for injury or disease, propagation, and other similar purposes consistent with the preservation, protection, and conservation of wild birds;
(3) Authorizing the taking and destruction of those wild birds, game birds, and game mammals the department may have found after investigation to be destructive to crops or to other game birds and game mammals or otherwise harmful to agriculture or aquaculture, or to constitute a nuisance or a health hazard; or
(4) Authorizing without requiring permits or reports, the destruction within a district of wild birds, game birds, and game mammals which are generally destructive to crops or otherwise harmful to agriculture or aquaculture, or constitute a nuisance or a health hazard within the district.
(b) Except as provided in subsection (a)(4), the rules shall require the person or persons seeking authority to apply for and obtain a written permit from the department. The permits may prescribe terms and conditions the department deems necessary to prevent abuse of the authority granted thereby, and may be canceled by the department, after notice and hearing, for the violation of any term or condition. [L 1985, c 174, pt of §4; am L 1986, c 272, §2; am L 1987, c 156, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-62 Taking, injuring, or destroying wild birds prohibited.

§183D-62 Taking, injuring, or destroying wild birds prohibited.
Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to take, catch, injure, kill, or destroy, any wild bird, or to keep or have possession of any wild bird, dead or alive, or to damage or destroy a nest of any wild bird. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-63 Keeping wild birds in captivity prohibited.

§183D-63 Keeping wild birds in captivity prohibited.
Except as provided in section 183D-61, no person shall keep in captivity any wild bird unless the bird was lawfully imported into the State or was bred in captivity from birds lawfully imported. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-64 Transportation of wild birds from the State prohibited.

§183D-64 Transportation of wild birds from the State prohibited.
No person shall transport or cause to be transported by any means any wild bird from any part of the State; provided that specimens of wild birds required for scientific or educational purposes may be exported from the State only when authorized under permits issued by the department. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183D. Wildlife › 183D-65 Posting; destruction of predators.

§183D-65 Posting; destruction of predators.
(a) On any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the department, predators deemed harmful to wildlife by the department may be destroyed by any means deemed necessary by the department.
(b) Where the predators are dogs and the methods of destruction may endanger pets or hunting dogs, all major points of entrance into the area where the predators are to be destroyed shall be posted with signs indicating that a program of predator destruction in the area is in progress. Any predator may be destroyed in a posted area without claim or penalty whether or not the predator is the property of some person. [L 1985, c 174, pt of §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-1 Definitions.

§184-1 Definitions.
As used in this part, unless otherwise indicated by the context:
"Department" means the department of land and natural resources.
"Land", without prejudice to the generality of the term, includes upland, land under water, beaches, water, and water rights.
"Park" means an area which, by reason of location, natural features, scenic beauty or legendary, historical, or scientific interest, possesses distinctive physical, aesthetic, intellectual, creative, or social values.
"Parkway" means an elongated park transversed by a pleasure vehicle road, but does not include the road.
"State park system" means the parks and parkways designated by the department, control of which is acquired by the department as provided in this part. [L 1949, c 185, pt of §1; RL 1955, §19-30; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §184-1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-2 State park system.

§184-2 State park system.
The department of land and natural resources may designate and bring under its control and management, as parts of the state park system, parks and parkways as follows:
(1) Government owned land within the state forest reserves or otherwise under the jurisdiction of the department may be set aside as a state park or parkway by resolution of the department, subject to the approval of the governor by executive order setting the land aside for such purposes; provided that no lands within the state forest reserve areas that are the watersheds from which the domestic water supply of any city, town or community is or may be obtained shall be so set aside without the prior approval of the state department of health and the prior approval of the board of water supply or county council.
(2) County parks may be acquired for the state park system by consent of the council of the county, if such council and the department agree that the park is of such interest and importance to the people of the whole State as to make such action appropriate.
(3) New parks and parkways may be established:
(A) By acquisition of property in the name of the State, as the department may deem necessary or proper for the development, extension, or improvement of the state park system, and as provided in section 184-3.
(B) By the setting aside of government owned land for such purposes by the governor, as provided by law. [L 1949, c 185, pt of §1; RL 1955, §19-33; am L Sp 1959 2d, c 1, § §19, 21; am L 1961, c 132, §2; HRS §184-2]
Revision Note
References to board of supervisors deleted to conform to county charters.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-3 Powers of department.

§184-3 Powers of department.
The department of land and natural resources, in addition to the other powers herein granted, for the purpose of performing its duties and functions may:
(1) Acquire land in the name of the State or any estate, right, or interest therein or appurtenance thereto, by agreement, gift, devise, lease, or condemnation in accordance with chapter 101, and the department of accounting and general services shall assist the department of land and natural resources therein, at its request, and assign thereto state officers and employees under its supervision for the making of surveys, abstracts, and otherwise as may be of assistance, without reimbursement for such services;
(2) Receive gifts, bequests, or contributions of money or other property;
(3) Accept such condition imposed upon any gift or devise of land, money, or other property as may be acceptable to the department and not inconsistent with the proper discharge of its duties and functions;
(4) Accept transfers and conveyances of rights and titles vested in the United States government to land and buildings within this State, or lease the same under such conditions as the government of the United States may impose;
(5) Make expenditures from funds available for the care, supervision, improvement, development, and protection of the state park system;
(6) Construct and operate suitable public services, facilities, and conveniences on any land under its jurisdiction and control, with power to charge and collect reasonable fees for the use of the same, or in its discretion, enter into contracts, leases, or licenses for the construction or operation of any services, facilities, or conveniences on any land under its jurisdiction and control upon such terms and conditions as are deemed by it to be in the public interest, including in the area covered by the contract, lease, or license the amount of land deemed by it to be reasonably necessary to the success of the undertaking;
(7) Acquire, by condemnation or otherwise, rights appurtenant to abutting property for light, air, and access, whenever necessary or proper for the establishment, development, improvement, or extension of any parkway;
(8) Cooperate with counties, and other political subdivisions and agencies of the State, and with the states and with the United States government in matters relating to planning, establishing, developing, improving, or maintaining any park, parkway, or recreational area;
(9) Accept from a county, park lands which may include related improvements, personnel, equipment, and functions; and
(10) Transfer to a county, park lands which may include related improvements, personnel, equipment, and functions. [L 1949, c 185, pt of §1; RL 1955, §19-34; am L Sp 1959 2d, c 1, § §12, 21; am L 1961, c 132, §2; HRS §184-3; am L 1987, c 335, §2]
Cross References
Exchange of park property with county, see §46-65.5.
State beach park lifeguard services, see §46-12.5.
Statewide trail and access system, see chapter 198D.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-3.4 State parks special fund.

§184-3.4 State parks special fund.
(a) There is established within the state treasury a fund to be known as the state parks special fund, into which shall be deposited all proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement its educational and interpretive programs.
(b) The department shall expend the moneys from the state parks special fund for the following purposes:
(1) Permanent and temporary staff positions;
(2) Planning and development of state parks programs, including the aina hoomalu state parks program;
(3) Construction, repairs, replacement, additions, and extensions of state parks facilities;
(4) Operation and maintenance costs of state parks and state parks programs; and
(5) Administrative costs of the division of state parks.
(c) There is established within the state parks special fund, a Diamond Head State Monument sub-account, into which shall be deposited fifty-five per cent of all proceeds collected from the admission fees charged at the Diamond Head State Monument. The department shall expend the moneys from the Diamond Head State Monument sub-account for repair, maintenance, and operating costs incurred by the State in the management of the Diamond Head State Monument. [L 2000, c 120, §1; am L 2002, c 250, §2; am L 2005, c 235, §2; am L 2007, c 292, §1; am L Sp 2021, c 1, §10]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-4.5 Smoking or use of tobacco products prohibited.

§184-4.5 Smoking or use of tobacco products prohibited.
(a) Within the state park system, it shall be unlawful for any person to engage in:
(1) Smoking; or
(2) The use of tobacco products;
provided that the department may designate exclusive use areas that shall not be subject to this section.
(b) Clearly legible signs shall be conspicuously posted at each park; provided that any signs posted by the department pursuant to this section shall use letters of not less than one inch in height.
(c) For purposes of this section:
"Cigar" means any roll for smoking made wholly or in part of tobacco if the product is wrapped in any substance containing tobacco.
"Cigarette" means any roll for smoking that:
(1) Is made wholly or in part of tobacco, irrespective of size or shape or whether the tobacco is flavored, adulterated, or mixed with any other ingredient; and
(2) Has a wrapper or cover that is made of paper or any other substance or material other than tobacco.
"Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.
"Smoking" means inhaling or exhaling upon, burning, or carrying any lit cigarette, cigar, or pipe or the use of an electronic smoking device.
"Tobacco products" means tobacco in any form, other than cigarettes, that is prepared or intended for consumption or for personal use by humans, including cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco. [L 2015, c 123, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-5.1 Arrest.

§184-5.1 Arrest.
Except when authorized by law to immediately take a person arrested for violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state and private lands before a magistrate, any state parks enforcement officer upon arresting any person for violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state and private lands shall take the name, address, social security number and other pertinent information of the person and shall issue to the person a summons and citation, printed in the form hereinafter described, mandating warning the person to appear and answer to the charge against the person at a certain place and at a time within seven days after the arrest. [L 1974, c 245, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-5.2 Summons or citations.

§184-5.2 Summons or citations.
There shall be a form of summons or citation for use in citing violators of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district which do not mandate the physical arrest of the violators. The summons or citation shall be printed in a form commensurate with the form of other summons or citations used in modern methods of arrest and shall be so designed to include all necessary information to make it valid and legal within the laws and regulations of the State. The form and content of the summons or citations shall be as adopted or prescribed by the district environmental courts.
In every case when a summons or citation is issued the original of the same shall be given to the violator; provided that the district environmental courts may prescribe the issuance to the violator of a carbon copy of the summons or citation and provide for the disposition of the original and any other copies.
Every summons or citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1974, c 245, pt of §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-5.3 Failure to obey summons.

§184-5.3 Failure to obey summons.
Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the state park enforcement officer upon the person's arrest for violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations, traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district, shall be guilty of a petty misdemeanor.
If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required and within the time permitted, the officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.
When a complaint is made to any prosecuting officer of the violation of any state parks, historical objects and sites, and outdoor recreation laws and regulations, traffic laws and ordinances; and the laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state lands and lands within the conservation district, the officer who issued the summons or citation shall subscribe to it under oath administered by another official or officials of the department of land and natural resources whose names have been submitted to the prosecuting officer and who have been designated by the chairperson of the board of land and natural resources to administer the same. [L 1974, c 245, pt of §2; am L 1975, c 24, §6 and c 87, §1; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-5.5 General administrative penalties.

§184-5.5 General administrative penalties.
(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines to recover administrative fees and costs as documented by receipts or affidavits, including attorney's fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs; or payment for damages or for the cost to correct damages resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.
(b) 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, by a fine of not more than $10,000.
(c) In addition, a fine of up to $5,000 may be levied for each:
(1) Archaeological or historical feature appropriated, damaged, removed, excavated, disfigured, defaced, or destroyed;
(2) Geological feature destroyed, disturbed, mutilated, dug, removed, excavated, quarried, blasted, or exploded;
(3) Public property destroyed, defaced, removed, damaged, or possessed;
(4) Wildlife molested, disturbed, injured, trapped, taken, caught, possessed, poisoned, introduced, or killed; or
(5) Habitat disturbed,
in violation of this chapter or any rule adopted thereunder.
(d) Any criminal penalty for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs. [L 2002, c 24, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-6 Duties of department.

§184-6 Duties of department.
The department of land and natural resources shall preserve the parks and parkways in the state park system in their natural condition so far as may be consistent with their use and safety, and improve them in such manner as to retain to a maximum extent their natural scenic, historic, and wildlife values for the use and enjoyment of the public. [L 1949, c 185, pt of §1; RL 1955, §19-37; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §184-6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-7 County contributions.

§184-7 County contributions.
Any county may donate, grant, convey, lease upon a nominal consideration or appropriate land, money or other property for the development, improvement, extension, operation, or maintenance of the state park system by the department of land and natural resources as provided in this part. [L 1949, c 185, pt of §1; RL 1955, §19-38; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §184-7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-8 Budget.

§184-8 Budget.
The department of land and natural resources shall submit to the director of finance, annually, the budgetary estimates and information required by chapter 40 and shall include therein estimates of the financial requirements of the department for the operation of a state parks system as provided by this part. [L 1949, c 185, §7; RL 1955, §19-39; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, § §14, 21; am L 1961, c 132, §2; am L 1963, c 114, §1; HRS §184-8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-21 Acquisition and conveyance of lands for National Parks.

§184-21 Acquisition and conveyance of lands for National Parks.
Those provisions of various Acts of Congress authorizing the acquisition of private lands for purposes of the Hawaii National Park and City of Refuge National Historical Park by exchanges or otherwise, such exchanges not to be limited by restrictions of the land laws of the State of Hawaii, or authorizing the governor of Hawaii to acquire and convey to the United States lands and interests in lands, which provisions are "Territorial laws" pursuant to section 15 of Public Law 86-3 of the 86th Congress, are hereby ratified and adopted as laws of the State of Hawaii without any termination or expiration date. [L Sp 1959 1st, c 6, §1; HRS §184-21]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 184. State Parks and Recreation Areas › 184-31 Aina hoomalu state parks program established; designation of aina hoomalu sites.

§184-31 Aina hoomalu state parks program established; designation of aina hoomalu sites.
The department shall establish and manage a state parks interpretive program to be known as the "aina hoomalu state parks program". The aina hoomalu state parks program shall consist of those parks which contain unique and significant natural or cultural history or features. The department shall designate those state parks throughout the State which are to be included in the aina hoomalu state parks program and shall develop interpretive programs for these parks. [L 1991, c 312, pt of §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-1 Definitions.

§185-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Administrator" means the administrator of forestry and wildlife.
"Board" means the board of land and natural resources.
"Branch" means an area comprising a county of the State.
"Department" means the department of land and natural resources.
"Manager" means the forestry and wildlife manager of a designated branch. [L 1994, c 140, §1]
Revision Note
This section is new. Former §185-1 renumbered as §185-1.5.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-1.5 Responsible agency.

§185-1.5 Responsible agency.
The department shall take measures for the prevention, control, and extinguishment of wildland fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves and shall cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of fires on forest, grass, brush, and watershed lands not within the department's fire protection responsibilities described above. [L 1953, c 100, §3; RL 1955, §19-51; am L 1957, c 98, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-1; am L 1974, c 64, pt of §1; am L 1988, c 338, §1; ren and am L 1994, c 140, §2]
Revision Note
This section is former §185-1.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-2 Administrator and managers.

§185-2 Administrator and managers.
The administrator shall be responsible for coordinating the work of managers and reviewing their plans for fire protection and control within the meaning of this chapter. A manager shall be in charge of lands within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves for the manager's branch, and shall be in charge or in support of all measures for the prevention, control, and execution of wildland fire protection in the manager's branch. [L 1953, c 100, §4; RL 1955, §19-52; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-2; am L 1974, c 64, pt of §1; am L 1994, c 140, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-3 Powers and duties of the administrator and managers.

§185-3 Powers and duties of the administrator and managers.
(a) The administrator shall be responsible to the board for supervision of the organization plans and actions of the managers.
(b) The administrator shall have the power and duty to:
(1) Review and approve plans prepared by the managers;
(2) Establish procedures and guidelines for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;
(3) Establish procedures, guidelines, and conditions for the issuance of burning permits and for determining periods when forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves shall be closed;
(4) Close or partially close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves, by restricting certain activities when necessary;
(5) Summon, when necessary, additional firefighting assistance, equipment, supplies, and materials needed to extinguish fires; and
(6) Do any act which the manager is empowered to perform under this chapter.
(c) The manager shall have the power and duty to:
(1) Prepare a plan for fire protection within the meaning of section [185-1.5];
(2) Take necessary measures for the prevention, control, and extinguishment of fires coming within the meaning of this chapter;
(3) Issue fire warning notices during dry periods or other seasons when fire hazards are great;
(4) Close forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves to public access or restrict their use during dry periods when necessary, to reduce fire risk;
(5) Close public access to areas in which fire control operations are ongoing;
(6) Issue burning permits as provided in section 185-7;
(7) Receive, audit, and if correct, approve and transmit to the department through the administrator, all reports and accounts for expenses incurred in the prevention, control, and extinguishment of any fires which come within the meaning of this chapter;
(8) Summon, when necessary, additional firefighting assistance, equipment, supplies, or materials to assist in fighting a fire;
(9) Assume full responsibility for directing the control and extinguishment of any fire coming within the meaning of this chapter, including directing the control and extinguishment of any fire on or threatening any lands included in section [185-1.5] as may be provided for under mutual aid agreements with other fire control agencies; and
(10) Conduct educational work in the protection of forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves against fires. [L 1953, c 100, §5; RL 1955, §19-53; am L 1957, c 98, §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-3; am L 1974, c 64, pt of §1; gen ch 1985; am L 1988, c 338, §2; am L 1994, c 140, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-4 Payment for firefighting.

§185-4 Payment for firefighting.
(a) No federal or county agency summoned by the administrator or manager to assist in extinguishing a fire shall be reimbursed for expenses incurred in such firefighting unless specified by mutual aid agreement.
(b) No owner, lessee, or occupier of any lands upon which a fire has occurred, nor any employee of such persons, nor any person who has any vested interest in and to the lands or that person's employees shall be entitled to the compensation provided for in this chapter, for services and materials rendered in and upon the land in the extinguishment of any fire; provided that the prohibition shall not apply to owners or persons holding interests to any lands which have been surrendered to the department under agreement as a public forest reserve for a period of ten years or more or as a public hunting area for a period of five years or more or to any owner who suffered a fire as a result of allowing use of the owner's land by the general public without compensation.
(c) All reimbursable expenses incurred in controlling or extinguishing a fire by the administrator or a manager shall be payable from the firefighter's contingency fund, provided the fire suppression budget is exceeded, and the owner, lessee, or agency having control over the lands has not been negligent in starting or failing to control or extinguish a fire. Any person, agency, or corporation summoned by the administrator or a manager to assist in extinguishing a fire eligible under this chapter to claim for reimbursement for wages, equipment use, supplies, or materials must submit an itemized statement of such claims to the administrator through the manager within forty-five working days after the fire has been extinguished in order to have it honored.
(d) There shall be established under the control of the department a firefighter's contingency fund into which shall be deposited appropriations made by the legislature. [L 1953, c 100, §6; RL 1955, §19-54; am L 1957, c 98, §3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §185-4; am L 1974, c 64, pt of §1; am L 1978, c 93, §1; am L 1986, c 209, §1; am L 1993, c 161, §1; am L 1994, c 140, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-5 Rates of pay for firefighting.

§185-5 Rates of pay for firefighting.
Persons summoned by the administrator or a manager or by anyone authorized by the administrator or a manager for controlling or extinguishing a fire, within the meaning of this chapter, and who are eligible for compensation under this chapter, shall receive compensation at an hourly rate equivalent to the prevailing entry level rate of the civil service classification for the skill for which the person is called on to perform. The rental rates of equipment shall not exceed the prevailing interdepartmental rates for equipment of similar type as established by the department of accounting and general services and supplies or material expended shall be paid for at the actual cost of replacement. [L 1953, c 100, §7; RL 1955, §19-55; am L Sp 1959 2d, c 1, §12; HRS §185-5; am L 1974, c 64, pt of §1; gen ch 1985; am L 1994, c 140, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-6 Insurance protection.

§185-6 Insurance protection.
All persons who have performed services required under this chapter, which services are made compensable under the terms of this chapter, shall, in case of injury or death arising out of and in the performance of the functions pursuant to this chapter, or their dependents, be entitled to all of the benefits provided in chapter 386 including medical services and supplies; provided that for the purposes of such benefits, average weekly wages shall be computed on the basis of earnings from the usual employment of such persons. The cost thereof shall be a charge upon the appropriate fund. [L 1953, c 100, §8; RL 1955, §19-56; HRS §185-6; am L 1974, c 64, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-7 Fire danger periods, burning permits, setting fires, penalties.

§185-7 Fire danger periods, burning permits, setting fires, penalties.
(a) During periods of weather when the threat of fire is particularly dangerous within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves in any branch, the manager shall establish a fire danger period by causing a fire warning to be issued by publishing a notice containing information setting forth the type of closure and a designation of the affected areas or by posting notices in public places with similar information. During fire danger periods, the manager may:
(1) Totally close or limit use within an area;
(2) Prohibit any burning;
(3) Prohibit smoking in specified areas, including in automobiles operating in the area; and
(4) Prohibit camping in certain areas.
However, in areas where fire control operations are in progress, a manager may prohibit public access and use without prior notice for purposes of effective fire control operations and public safety.
(b) The manager will minimize the threat of fires by maintaining control through the issuance and management of burning permits or the establishment of rules by the department, pursuant to chapter 91. On other lands where the department has direct fire protection responsibility, as described in section [185-1.5], and on adjoining property that offer a significant threat to those lands, the department shall establish agreements with the department [of] health to require burning plans acceptable to the managers and the county fire chief. The issuance of permits shall be at the discretion of the issuing officer who shall take into account whether the issuance of a permit is compatible with safety. Holders of permits shall start no fires during a heavy wind or without sufficient help present to control same and shall maintain a constant watch over the fires until they have been extinguished.
(c) Any person who violates any restriction of a closure or any person who discards burning material within a closed fire area, or, every person who sets a fire on land within the closed fire area without a permit, or, every person who wilfully, maliciously, or negligently sets a fire which burns property not owned, leased, or controlled by the person shall be guilty of a misdemeanor. Any person violating this section shall be fined not less than $250 nor more than $4,000 and shall be held liable for restitution for any suppression costs and damages to public or private property. Setting fires or causing them to be set or allowing them to escape shall be prima facie evidence of wilfulness, malice, or negligence under this section; provided that nothing herein contained shall apply to a person who, in good faith, sets a back fire to check a fire already burning. A "closed fire area" is defined as the area wherein a total closure or specific burning restrictions are in effect during a fire danger period. [L 1953, c 100, §9; RL 1955, §19-57; HRS §185-7; am L 1974, c 64, pt of §1; gen ch 1985; am L 1994, c 140, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 185. Land Fire Protection Law › 185-8 OLD REPEALED. §185-8 Government agencies to assist.

§185-8 OLD REPEALED.
L 1972, c 9, §1.
§185-8 Government agencies to assist.
All agencies of the State or its political subdivisions shall assist in extinguishing any fire when duly summoned by the administrator or any manager. [L 1953, c 100, §11; RL 1955, §19-59; HRS §185-9; ren and am L 1974, c 64, pt of §1; am L 1994, c 140, §8]