reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-45 Loans, terms, and restrictions.

§189-45 Loans, terms, and restrictions.
The department may make loans to individuals or businesses for the financing of expenses incurred in the purchase, construction, renovation, maintenance, and repair of small fishing vessels. The loans may be made in conjunction with loans made by other financial institutions including the Small Business Administration or loans guaranteed by the National Marine Fisheries Service. Where the loans made by the department are secured, such security may be subordinated to the loans made by other financial institutions, when such subordination is required in order to obtain loans from such institutions. The necessity for and the extent of security required in any loan shall be determined by the director.
The foregoing powers shall be subject, however, to the following restrictions and limitations:
(1) No loan shall exceed $50,000.
(2) No loan shall be made for a term exceeding ten years.
(3) Each loan shall bear simple interest at the rate of seven and one-half per cent a year.
(4) The commencement date for the repayment of the first installment on the principal of each loan may be deferred by the director, but in no event shall such initial payment be deferred in excess of two years. [L 1975, c 167, §11; am L 1976, c 70, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 189. Commercial Fishing › 189-46 Reports.

§189-46 Reports.
The department shall make a report for the period ending December 31 of each year to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than February 1 immediately following the period covered by the report. [L 1975, c 167, §12; am L 1976, c 70, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-1 Conservation area; administration.

§190-1 Conservation area; administration.
All marine waters of the State are hereby constituted a marine life conservation area to be administered by the department of land and natural resources subject to this chapter and any other applicable laws not inconsistent herewith or with any rules adopted pursuant hereto. No person shall fish for or take any fish, crustacean, mollusk, live coral, algae or other marine life, or take or alter any rock, coral, sand or other geological feature within any conservation district established pursuant to this chapter except in accordance with section 190-4 and rules adopted by the department pursuant hereto. [L 1955, c 192, §2; RL 1955, §21-131; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-1; am L 1981, c 16, §1]
Law Journals and Reviews
Protecting Hawai`i's Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai`i's Fish Stocks. 29 UH L. Rev. 243 (2006).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-1.5 State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. [L 1990, c 126, §4]

§190-1.5
State marine waters.
As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary. [L 1990, c 126, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-2 Establishment and modifications of conservation district.

§190-2 Establishment and modifications of conservation district.
The department of land and natural resources may establish and from time to time modify the limits of one or more conservation districts in each county and may, if it deems necessary, declare all waters within any county a conservation district. [L 1955, c 192, §5; RL 1955, §21-134; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-3 Rules.

§190-3 Rules.
The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe and limit the methods of fishing, including the type and mesh and other description of nets, traps, and appliances, and otherwise regulate the fishing and taking of marine life either generally throughout the State or in specified districts or areas. The rules shall upon taking effect supersede any state laws inconsistent therewith. [L 1955, c 192, §6; RL 1955, §21-135; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-3; am L 1981, c 16, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-4 Permits.

§190-4 Permits.
The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. 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. [L 1955, c 192, §7; RL 1955, §21-136; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §190-4; am L 1981, c 16, §3; am L 2010, c 77, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-4.5 Anchoring, boating, and mooring in marine life conservation districts; rules. (a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter. (b) Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter. [L 1988, c 381, §1; am L 1991, c 183, §1]

§190-4.5
Anchoring, boating, and mooring in marine life conservation districts; rules.
(a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter.
(b) Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter. [L 1988, c 381, §1; am L 1991, c 183, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190. Marine Life Conservation Program › 190-5 Penalty.

§190-5 Penalty.
(a) Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b), (c), and (d).
(b) The punishment, in addition to any other penalties, shall be a fine of not less than:
(1) $250 for a first offense;
(2) $500 for a second offense; and
(3) $1,000 for a third or subsequent offense.
(c) A fine in addition to the fine under subsection (b) may be levied for each specimen of aquatic life taken, killed, or injured in violation of this chapter or any rule adopted thereunder as follows:
(1) For a first offense, up to $250 or the retail market value of the specimen, whichever is higher;
(2) For a second offense, up to $500 or the retail market value of the specimen, whichever is higher; and
(3) For a third or subsequent offense, up to $1,000 or the retail market value of the specimen, whichever is higher.
(d) The court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.
(e) The court may allow the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department of land and natural resources may recommend to the court an order of community service that benefits the resource that was damaged.
(f) The department of land and natural resources may recommend to the court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:
(1) Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;
(2) Engaging in certain fishing activities;
(3) Handling, operating, or possessing certain fishing gear or boating equipment; and
(4) Taking or possessing certain species of aquatic life. [L 1955, c 192, §8; RL 1955, §21-137; HRS §190-5; am L 1981, c 16, §4; am L 1999, c 195, §9; am L 2016, c 67, §3; am L 2022, c 35, §6]
Cross References
General administrative penalties, see §187A-12.5.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-2 Findings and purpose.

§190D-2 Findings and purpose.
Article XI of the constitution of the State of Hawaii relating to the conservation, control, and development of resources, provides in section 6 that the State shall have the power to manage and control the marine, seabed, and other resources located within the boundaries of the State, including its archipelagic waters, and reserves to the State all such rights outside state boundaries not specifically limited by federal or international law.
The legislature finds that the State's marine waters offer the people of Hawaii sources of energy, minerals, food, and usable space. The legislature further finds that the proper management and development of these ocean resources require defined rights of usage and tenure.
The purpose of this chapter is to establish procedures for the leasing of state marine waters and to guarantee property rights and protection for any activities approved under these procedures. [L 1986, c 91, pt of §1; am L 1999, c 176, § §2, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-3 Definitions.

§190D-3 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Agency" means any federal, state, local, or foreign government or any entity of any such government.
"Application" means a conservation district use application.
"Board" means the board of land and natural resources.
"Chairperson" means the chairperson of the board of land and natural resources.
"Commercial lease" means a lease of state marine waters or submerged lands for marine activities designed for profit.
"Department" means the department of land and natural resources.
"Economic unit" means the water column, state submerged lands beneath the water column, and water surface above the water column which shall be treated as one economic unit for the calculation of lease rents.
"Lessee" means the holder of a valid lease granted pursuant to this chapter.
"Mariculture" means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored.
"Marine activities" means ocean thermal energy conversion (OTEC); mariculture; and other energy or water research, scientific, and educational activities in, on, or under state marine waters, which are exclusive, non-transient in nature, and which occupy a discrete area of state marine waters.
"Noncommercial lease" means a lease of state marine waters for marine activities not designed for profit.
"OTEC" means ocean thermal energy conversion.
"OTEC facility" means an ocean thermal energy conversion facility which is located onshore, standing on submerged lands, or moored in state marine waters, and which is designed to use temperature differences in ocean water to produce energy or energy product equivalents and includes any surface and subsurface structures, intake and discharge pipes, and underwater power cables integrated with or appurtenant to such a facility.
"State marine waters" means all waters of the State, including the water column, water surface, and state submerged lands, extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial sea, notwithstanding any law to the contrary.
"Water column" means the vertical extent of marine waters, including the surface, above submerged lands. [L 1986, c 91, pt of §1; am L 1990, c 126, §5; am L 1999, c 176, § §3, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-21 Leasing of state marine waters and submerged lands for private uses.

§190D-21 Leasing of state marine waters and submerged lands for private uses.
(a) The board may lease state marine waters for marine activities upon compliance with section 171-53 and with the concurrence of the director of transportation. Leases may be issued only for marine activities which are allowed pursuant to an approved application. The board shall make a determination that each lease is a commercial or noncommercial lease.
(b) The board shall not lease state marine waters when existing programs of the department, such as the marine life conservation district program, shoreline fisheries management area program, or the natural area reserve program will suffer adverse impacts as a consequence of the proposed activities; provided that no lease shall be awarded within state marine waters designated as being necessary for national defense purposes, as determined by the department in consultation with the appropriate federal agencies.
(c) The board shall not lease state marine waters unless the board finds that a lease for the proposed activity, after detailed consideration of the present uses, is clearly in the public interest upon consideration of the overall economic, social, and environmental impacts and consistent with other state policy goals and objectives.
(d) The board shall not lease state marine waters unless the board finds that the applicant for a lease has complied with applicable federal, state, and county statutes, ordinances, and rules.
(e) The board may require any person who has obtained approval of an application for marine activities or the operation of an OTEC facility in state marine waters to enter into a lease for the conduct of those activities.
(f) The board shall not approve an application, if in so doing it would fail to protect the public's use and enjoyment of the reefs in the state marine waters. [L 1986, c 91, pt of §1; am L 1999, c 176, § §5, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-22 Leasing procedure.

§190D-22 Leasing procedure.
(a) Any person who wants to obtain a lease for marine activities in state marine waters shall request a lease from the board at the time of filing an application.
(b) Upon receipt of a completed application and authorization of a lease, the board shall:
(1) Negotiate with and grant a lease to the applicant; or
(2) Conduct a public auction and grant the lease to the highest qualified bidder.
Public auctions shall be conducted in accordance with chapter 171. If an auction is held and the applicant submitting a completed application is not the highest qualified bidder, the board shall require the highest qualified bidder to indemnify the applicant for all legitimate costs incurred in the preparation of any environmental assessment or environmental impact statement included in the application pursuant to chapter 343 and the rules adopted thereunder. In establishing and following internal procedures for lease applications, the board shall attempt to minimize costs to those applicants submitting completed applications.
(c) The board shall not revoke or modify its approval of an application in such a way as to invalidate, impair, limit, or affect, directly or indirectly, in whole or in part, the rights of a lessee as set forth in the lease granted to the lessee pursuant to this chapter. [L 1986, c 91, pt of §1; am L 1999, c 176, § §6, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-24 Konohiki fishing rights.

§190D-24 Konohiki fishing rights.
(a) The provisions of this chapter shall not abridge or alter in any way konohiki fishing rights recognized in chapter 187A, including the right to sublease private konohiki fishing grounds for marine activities. No lease shall be granted by the board which conflicts with or impairs konohiki fishing rights.
(b) Any traditional fishing or marine activity conducted within konohiki fishing grounds is subject to all applicable state laws and rules enacted pursuant to the State's police powers over fisheries and navigable waters. [L 1986, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-32 Rules.

§190D-32 Rules.
The board may adopt such rules as are necessary and appropriate to carry out the purposes and provisions of this chapter. The adoption of these rules shall be in accordance with chapter 91. [L 1986, c 91, pt of §1; am L 1999, c 176, § §8, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-33 Revenues.

§190D-33 Revenues.
The revenues obtained from the leasing of state marine waters pursuant to this chapter shall be deposited into the special land and development fund to be used for planning, research, and development of the aquaculture industry; provided that the portion of revenues subject to chapter 10, shall be deposited into the public land trust fund as provided by law. [L 1986, c 91, pt of §1; am L 1999, c 176, § §9, 11; am L 2002, c 203, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-34 Penalties.

§190D-34 Penalties.
Any person who conducts any mariculture or OTEC activities prohibited by a lease granted by the board, or who conducts these activities in or upon state marine waters without having obtained the approval of the board, shall be fined not more than $10,000 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1986, c 91, pt of §1; am L 1999, c 176, § §10, 11; am L 2002, c 203, §1]
Cross References
General administrative penalties, see §187A-12.5.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-35 Civil liability.

§190D-35 Civil liability.
Any person who wilfully or recklessly damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board, or who wilfully or recklessly damages, disturbs, interferes with, takes, or possesses any improvements, assets, marine plants or animals, or equipment in an area leased to a person, without the permission of that person, shall be subject to civil proceedings initiated by any person damaged thereby, notwithstanding the result in any criminal proceedings commenced under section 190D-36. [L 1986, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 190D. Ocean and Submerged Lands Leasing › 190D-36 Criminal liability.

§190D-36 Criminal liability.
Any person who negligently or wilfully damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board or who negligently or wilfully damages, disturbs, interferes, takes, or possesses any improvements, assets, marine plants or animals, or equipment in an area leased to a person, without the permission of that person, shall be treated in accordance with the applicable provisions of chapter 708. [L 1986, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-21 Authorization.

§193-21 Authorization.
The governor is authorized to avail the State of the benefits of any law or laws of the United States, now existing or to be enacted, which will enable young persons to work for state, local, and private nonprofit agencies in programs related to the public interest such as hospital, education, or welfare activities as well as state conservation projects. [L 1963, c 74, §9; Supp, §98N-22; HRS §193-21; am L 1980, c 97, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-22 Administration.

§193-22 Administration.
To carry out the program authorized by this part, the governor may:
(1) Enter into an agreement or agreements, or designate the department of labor and industrial relations, or any department or departments of the state government as the state agency or state agencies to enter into an agreement or agreements, with the proper authorities of the United States;
(2) Designate the department of labor and industrial relations, or any department or departments of the state government to design programs which would permit or contribute to a public undertaking or service that would not otherwise be provided, in order to provide useful work experience opportunities for unemployed youths so that their employability may be increased through the use of the local area youth employment programs authorized by federal law, in accordance with the provisions of the applicable federal law; the designated department or departments may also make appropriate rules and regulations to carry out the programs so designed; and
(3) Defray one-half of all costs incurred with respect to the programs, or any other proportion of the costs of the programs which may be required by the applicable laws of the United States out of any moneys appropriated to any department or departments which may be designated by the governor to participate in the programs, without regard to the original purpose of the appropriations. [L 1963, c 74, §10; Supp, §98N-23; HRS §193-22]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-23 Personnel laws; applicability.

§193-23 Personnel laws; applicability.
The provisions of chapters 76, 78, and 88 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and except provisions of state law relating to the application of the Social Security Act of the United States to the extent that the Act shall be applicable under the federal law establishing the youth programs, shall not apply to persons employed under this part. [L 1963, c 74, §11; Supp, §98N-24; HRS §193-23; am L 1979, c 105, §17; am L 2002, c 148, §17]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-31 Authorization.

Note
Part heading amended by L 2015, c 43, §2.
§193-31 Authorization.
The governor is authorized to avail the State of the benefits of any law or laws of the United States, now existing or to be enacted, such as Title 16 United States Code, sections 1701 to 1706, or any other law or laws of similar purport. [L 2001, c 268, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-32 Administration.

§193-32 Administration.
To carry out the program authorized by this part, the governor may:
(1) Enter into an agreement or agreements, or designate the department of land and natural resources, or any other state department or departments as the state agency or agencies to enter into an agreement or agreements, with the proper authorities of the United States;
(2) Designate the department of land and natural resources, or any state department or departments to design programs to provide healthful outdoor training and employment for young persons and to advance the conservation, development, and management of natural resources and recreational areas, in accordance with the applicable federal law; provided that the designated department or departments may also adopt appropriate rules under chapter 91 to carry out the programs so designed;
(3) Defray one-half of all costs incurred with respect to the programs or any other proportion of the costs of the programs, which may be required by the applicable laws of the United States, out of any moneys appropriated to the department or departments designated to participate in the programs, without regard to the original purpose of the appropriations; and
(4) Designate the department of land and natural resources to administer or enter into an agreement for the administration of a green jobs youth corps to provide temporary work and training opportunities in one or more of the following fields:
(A) Natural resource management;
(B) Agriculture; or
(C) Other sustainability-related professions;
provided that these opportunities shall be available to young adults who are thirty-eight years of age or younger; provided further that the department shall partner with an organization that received accreditation from the Corps Center of Excellence Accreditation Program or has at least ten years of experience providing similar programming statewide in the State, or both. [L 2001, c 268, pt of §1; am L 2021, c 181, §2; am L 2022, c 33, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 193. Conservation: Employment Programs › 193-33 Personnel laws; applicability.

§193-33 Personnel laws; applicability.
The provisions of chapters 76 to 80, and 88, except provisions of state law relating to the application of the Social Security Act of the United States to the extent that the Act shall be applicable under the federal law establishing the youth programs, shall not apply to persons employed under this part. [L 2001, c 268, pt of §1]
Note
Chapters 77, 79, and 80 referred to in text are repealed.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 194. Invasive Species Council › 194-1 Definitions.

§194-1 Definitions.
As used in this [chapter], unless the context requires otherwise:
"Council" means the [invasive species council].
"Department" means any entity that is a member of the [invasive species council] established under section [194-2(a)]. [L 2003, c 85, §2; am L 2004, c 10, §16; am L 2006, c 109, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 194. Invasive Species Council › 194-3 Lead agencies; accountability.

§194-3 Lead agencies; accountability.
A state department that is designated as a lead agency under section [194-2(a)(7)], with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that designated function of invasive species control. The lead agency shall:
(1) Coordinate all efforts between other departments and federal and private agencies to control or eradicate the designated invasive species;
(2) Prepare a biennial multidepartmental budget proposal for the legislature forty days before the convening of the regular session of the legislature in each odd-numbered year, showing the budget requirements of each of the lead agency's assigned invasive species function that includes the budget requirements of all departments that it leads for that species, as well as other federal and private funding for that invasive species;
(3) Prepare and distribute an annual progress report forty days prior to the convening of each regular session of the legislature to the governor and the legislature that includes the status of each assigned function; and
(4) Any other function of a lead agency necessary to effectuate the purposes of this [chapter]. [L 2003, c 85, §4; am L 2004, c 10, §16; am L 2006, c 109, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 194. Invasive Species Council › 194-4 Relation of chapter to other laws.

§194-4 Relation of chapter to other laws.
Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this [chapter], a department is authorized to examine, control, and eradicate all instances of invasive species identified by the council for control or eradication and found on any public or private premises or in any aircraft or vessel landed or docked in waters of the State. [L 2003, c 85, §5; am L 2004, c 10, §16; am L 2006, c 109, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 194. Invasive Species Council › 194-5 Entry; private property.

§194-5 Entry; private property.
(a) Whenever any invasive species identified by the council for control or eradication is:
(1) Found on private property; or
(2) Reasonably suspected to be on private property, based on the results of systematic surveys or reports or proximity to known populations,
regardless of whether the presence of the invasive species is due to natural dispersal from neighboring or nearby properties or to intentional establishment by the owner, tenant, or occupant of the property, a department or applicable county, or its employees or authorized agents may enter the premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to the court order in subsection (d).
(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State. If the owner resides out of the State or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.
(c) The department or applicable county, or its employees or authorized agents may instead cause notice to be given, and order the owner to control or eradicate the invasive species, if the species was intentionally and knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within a reasonable time as the department or county may deem proper, pursuant to the notice requirements of this section.
(d) If the owner thus notified fails to comply with the order of the department, the applicable county, or its employee or authorized agent, within the time specified by the department or county, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable subsection (b), the department, the applicable county, or its employee or authorized agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member, county employee, or agent in gaining entry onto the premises, and executing measures to control or eradicate the invasive species.
(e) The department or applicable county may recover by appropriate proceedings the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the department's or county's order.
(f) In no case shall the department, the county, or any officer, employee, or authorized agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter. [L 2003, c 85, §6; am L 2004, c 10, §16; am L 2006, c 109, §2; am L 2017, c 182, §3; am L 2019, c 197, §2]
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 › 194. Invasive Species Council › 194-6 Entry; public property.

§194-6 Entry; public property.
(a) Whenever any invasive species is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the department or its agent, as the case may be, to the person officially in charge thereof, and the person shall be reasonably notified and ordered by the department to control or eradicate the invasive species.
(b) In case of a failure to comply with the order, the mode of procedure shall be the same as provided in case of private persons in section [194-5]. [L 2003, c 85, §7; am L 2004, c 10, §16; am L 2006, c 109, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 194. Invasive Species Council › 194-7 Rules.

§194-7 Rules.
The invasive species council may adopt rules pursuant to chapter 91, to effectuate this [chapter]. [L 2003, c 85, §8; am L 2004, c 10, §16; am L 2006, c 109, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-1 Findings and declaration of necessity.

§195-1 Findings and declaration of necessity.
The legislature finds and declares that (1) the State of Hawaii possesses unique natural resources, such as geological and volcanological features and distinctive marine and terrestrial plants and animals, many of which occur nowhere else in the world, that are highly vulnerable to loss by the growth of population and technology; (2) these unique natural assets should be protected and preserved, both for the enjoyment of future generations, and to provide base lines against which changes which are being made in the environments of Hawaii can be measured; (3) in order to accomplish these purposes the present system of preserves, sanctuaries and refuges must be strengthened, and additional areas of land and shoreline suitable for preservation should be set aside and administered solely and specifically for the aforesaid purposes; and (4) that a statewide natural area reserves system should be established to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the natural flora and fauna, as well as geological sites, of Hawaii. [L 1970, c 139, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-2 Definitions.

§195-2 Definitions.
As used in this chapter, unless otherwise indicated by the context:
"Board" means the board of land and natural resources.
"Commission" means the natural area reserves system commission.
"Cooperating entity" or "cooperator" means a private nonprofit land-holding organization or any other body deemed by the department as satisfactorily able to assist in the identification, acquisition, and management of natural area reserves.
"Department" means the department of land and natural resources.
"Heritage program" means a comprehensive natural resource inventory data base for public information that includes the location of rare plants, animals, and natural communities (ecosystems) in the State.
"Landowner" means any person or entity having the fee simple interest in land in the State.
"Natural area reserve" means an area designated as a part of the Hawaii natural area reserves system, pursuant to criteria established by the commission. [L 1970, c 139, pt of §1; am L 1987, c 350, §2; am L 1991, c 326, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-3 Hawaii natural area reserves system.

§195-3 Hawaii natural area reserves system.
There shall be a Hawaii natural area reserves system, hereinafter called the "reserves system", which shall consist of areas in the State of Hawaii which are designated in the manner hereinafter provided as natural area reserves. The reserve system shall be managed by the department of land and natural resources. [L 1970, c 139, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-4 Powers and duties of the department.

§195-4 Powers and duties of the department.
(a) To preserve, manage, and protect the reserves system, the department is authorized, in addition to any other powers, to:
(1) Designate and bring under its control and management, as part of the reserves system, any areas as follows:
(A) State owned land under the jurisdiction of the department may be set aside as a natural area reserve by resolution of the department, subject to the approval of the governor by executive order setting the land aside for that purpose;
(B) New natural area reserves may be established:
(i) By gift, devise, grant, reimbursement to cooperators, exchange, or purchase of land or any interest therein, including, but not limited to, conservation easements;
(ii) By eminent domain pursuant to chapter 101; or
(iii) By the setting aside of state owned land for that purpose by the governor, as provided in section 171-11;
(2) Cooperate or contract with any federal, state, or county governmental agency, quasi-governmental agency, private organization, or individual in carrying out the purpose of this chapter;
(3) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition or management, or both, of natural area reserves;
(4) Implement, after consultation with the commission and based on the most comprehensive up-to-date compilation of scientific data, the acquisition, management, protection, and use of natural area reserves; and
(5) Prepare and take the necessary steps to implement the management plan set forth in section 195-11.
(b) The department, with at least twenty days public notice, shall conduct one or more public hearings before terminating state funding for a management plan approved by the board under the natural area partnership program, requesting the governor to revoke or modify an executive order that sets aside lands for the reserves system, or prior to the designation of the following types of lands into the reserves system:
(1) State lands under the jurisdiction of the department;
(2) State lands that are removed from other uses or modified by the governor through an executive order that sets aside land for the natural area reserves system;
(3) Lands acquired by eminent domain pursuant to chapter 101; and
(4) State lands proposed by the governor for inclusion into the reserves system, as provided in section 171-11.
The notice shall be given in the county where the proposed natural area reserve or natural area partnership is located and also statewide. The notice shall contain, but not be limited to, the time and place of the hearing, the location of the land, and the proposed changes. [L 1970, c 139, pt of §1; am L 1987, c 350, §3; am L 1991, c 326, §3; am L 1992, c 180, §1; am L 1998, c 2, §52]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-5 Rules and regulations.

§195-5 Rules and regulations.
(a) The department of land and natural resources may, subject to chapter 91, make, amend and repeal rules and regulations having the force and effect of law, governing the use, control and protection of the areas included within the reserves system, provided that no rule or regulation which relates to the permitted use of any area assigned to the reserves system shall be valid and no use of any such area shall be permitted unless such rule or regulation or permitted use shall have been specifically approved by the natural area reserves system commission.
(b) The department may confer upon such of its employees as it deems reasonable and necessary the powers to serve and execute warrants and arrest offenders or issue citations in all matters relating to the enforcement within the reserves system of the law and rules and regulations applicable thereto. [L 1970, c 139, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-6 Natural area reserves system commission.

§195-6 Natural area reserves system commission.
There shall be a natural area reserves system commission, hereinafter called the "commission". The commission shall consist of thirteen members who shall be appointed in the manner and serve for the term set in section 26-34. Six of the members of the commission shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology; one member shall be a person possessing membership in a hiking organization organized in the State; one member shall be a person possessing membership in a hunting organization organized in the State; and one member shall be a person possessing a background in native Hawaiian traditional and customary practices. The chairperson of the board of land and natural resources, the director of the office of planning and sustainable development, the chairperson of the board of agriculture and the president of the University of Hawaii, or their designated representatives, shall serve as ex officio[,] voting members. The governor shall appoint the chairperson from one of the appointed members of the commission. The members shall receive no compensation for their services on the commission but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties.
The commission shall be a part of the department for administrative purposes as provided in section 26-35.
Any action taken by the commission shall be by a simple majority of its members. Seven members of the commission shall constitute a quorum to do business.
The commission may engage employees necessary to perform its duties, including administrative personnel, as provided by section 26-35.
The commission shall adopt rules guiding its conduct and shall maintain a record of its activities and actions. [L 1970, c 139, pt of §1; am L 1987, c 336, §8 and c 350, §4; am L 1993, c 274, §1; am L 1996, c 299, §3; am L 2013, c 4, §1; am L 2021, c 153, §8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-6.5 Natural area partnership program.

§195-6.5 Natural area partnership program.
(a) There is established in the department, a natural area partnership program to provide state funds on a two-for-one basis with private funds for the management of private lands that are dedicated to conservation. Payments shall be made from the natural area reserve fund with funds specifically appropriated for this purpose.
(b) In order to qualify under this program, an applicant shall be a landowner or a cooperating entity of private land of natural area reserve quality and shall agree to:
(1) Dedicate the private land in perpetuity through transfer of fee title or a conservation easement to the State or a cooperating entity; provided that:
(A) The dedication may be revoked if state funding is terminated without the concurrence of the landowner and cooperating entity; and
(B) If a private landowner or cooperating entity elects to withdraw from the program, the perpetual conservation easement shall remain in effect;
(2) Have the private land managed by the cooperating entity or qualified landowner according to a management plan prepared by the cooperating entity or landowner and approved by the board that meets the standards established by the department for the system. The management plan shall include provisions to allow public hunting wherever feasible; provided that:
(A) Hunting activities shall be in compliance with applicable laws; and
(B) Game animals shall not be introduced to any partnership area and hunting shall be conducted as a conservation purpose of this program.
In-kind services such as heavy equipment and existing sources of labor may be utilized as a portion of the private contribution in implementing the management plan;
(3) A penalty payback provision in the event the landowner or cooperating entity ceases to implement the approved management plan, unless the board approves modifications to the plan or state funding is terminated;
(4) Submit an annual report to the board detailing the year's management accomplishments, areas needing technical advice, proposed modifications to the plan, and objectives and budget for the coming year. To facilitate the review, the department shall have the right to make inspections of the land after notifying the landowner; and
(5) Any other conditions the department shall require by rules adopted pursuant to chapter 91.
[L 1991, c 326, pt of §1; am L 1992, c 180, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-6.6 Reports.

§195-6.6 Reports.
The department shall submit annually a comprehensive status report on the natural area reserves system and the natural area partnership program to include, but not be limited to:
(1) A description of activities and accomplishments;
(2) Compliance with chapter 42F requirements;
(3) An analysis of the problems and issues encountered in meeting or failing to meet the objectives set forth in the management plans;
(4) The status of public hunting opportunities;
(5) The financial condition of the fund, including receipts and expenditures for the fund for the previous fiscal year; and
(6) Plans and management objectives for the next fiscal year.
The report shall be submitted to the governor and the legislature no later than twenty days prior to the convening of each regular legislative session. [L 1991, c 326, pt of §1; am L 1992, c 180, §3; am L 1997, c 190, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 195. Natural Area Reserves System › 195-7 Powers and duties.

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