Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 107 - THREATENED AND ENDANGERED PLANTS › Section 13-107-2 - Definitions

Current through June, 2024
As used in this chapter unless the context requires
					 otherwise:
"Accidental or non-negligent death" means death of plants
					 which occurs despite the reasonable care of the plant possessor;
"Authorized representative" means the administrator,
					 foresters, botanists, conservation enforcement officers, or other persons
					 within the department authorized by the board to act for the board;
"Board" means the board of land and natural
					 resources;
"Commercial use" means the transfer of a plant by a party
					 or their agent for any fee, charge, or other compensation.
"Commercial-use plants" means garden-grown stocks (not
					 wild-collected) , belonging to a threatened or endangered species which have
					 been approved by the department for commercial use.
"Controlled environment" means a habitat, excluding the
					 endangered and threatened species wild population habitat, which is
					 horticulturally manipulated for the purpose of growing and producing offspring
					 of select species;
"Cultivated plants" means propagules or plants germinated
					 from garden-grown stock as well as from wild populations and grown or cared for
					 in a controlled environment;
"Cultural use" means use of plants for traditional native
					 Hawaiian practices;
"Department" means the department of land and natural
					 resources;
"Educational use" means use of plants or plant parts for
					 display purposes to aid in education about that plant;
"Endangered plants" means all species, subspecies, or
					 sub-populations of plants that have been officially listed as endangered by the
					 State of Hawaii, including those taxa listed in the exhibit entitled "Exhibit
					 1, Chapter 13-107, Endangered Plants of Hawaii" dated 5/15/97, which is located
					 at the end of this chapter and incorporated by reference;
"Experimental populations" means any populations
					 (including offspring arising solely therefrom), resulting from outplanting
					 outside a controlled environment;
"Garden-grown stock" means plants and propagules from
					 cultivated plants;
"License" means written permission by the department to do
					 a particular act or series of acts which without such permission would be
					 unauthorized or prohibited;
"Native" means endemic and indigenous species which
					 arrived and occur naturally in Hawaii without the aid of humans;
"Outplanting" means planting and growing threatened and
					 endangered plants in the wild through human intervention;
"Plant" means any member of the plant kingdom, including
					 seeds, roots, and other parts thereof;
"Propagule" means a living plant part such as a cutting or
					 a seed that can reproduce a plant;
"Species" means and shall include any subspecies or lower
					 taxa of plant(s);
"State" means the State of Hawaii;
"State land" means lands under the direct control of the
					 state;
"Take" means to cut, collect, uproot, destroy, injure,
					 possess native endangered or threatened species of plants, or to attempt to
					 engage in any such conduct;
"Threatened species" means all species, subspecies, or
					 sub-populations of plants that have been officially listed as threatened by the
					 state, including those taxa listed in the exhibit entitled "Exhibit 2, Chapter
					 13-107, Threatened Plants of Hawaii", dated 5/15/97, which is located at the
					 end of this chapter and incorporated by reference;
"Wild populations" means naturally occurring populations
					 that do not occur as a result of outplanting.