reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-51 - Kona crab

Current through June, 2024
(a) It is unlawful for any person to take,
				  possess, or sell any pa[BAR]pa'i kualoa less than four inches in carapace
				  length.
(b) It is unlawful for any
				  person to take, possess, or sell any pa[BAR]pa'i kualoa taken from the waters
				  within the jurisdiction of the State from May through September.
(c) The possession of any pa[BAR]pa'i kualoa
				  from May through September by any person is prima facie evidence that the
				  person is guilty of a violation of this section; provided that any commercial
				  marine dealer may sell, or any hotel, restaurant, or other public eating house
				  may serve pa[BAR]pa'i kualoa lawfully caught during the open season by first
				  procuring a license to do so pursuant to section
				  13-74-41.
(d) It is unlawful for any person to take,
				  possess, or sell any pa[BAR]pa'i kualoa with eggs. Any pa[BAR]pa'i kualoa with
				  eggs caught must immediately be returned to the waters from which the crab was
				  taken. The possession of any pa[BAR]pa'i kualoa showing indications of its eggs
				  having been scraped or removed is prima facie evidence of a violation of this
				  section.
(e) It is unlawful for any
				  person to pursue, take, or kill any pa[BAR]pa'i kualoa in the State with a
				  spear.
(f) It is unlawful for any
				  person to possess or sell any speared pa[BAR]pa'i kualoa.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-52 - Samoan crab

Current through June, 2024
(a) It is unlawful for any person to take,
				  possess, or sell any Samoan crab less than six inches in width measured across
				  the carapace or back.
(b) It is
				  unlawful for any person to take, kill, possess, or sell any Samoan crab with
				  eggs. Any Samoan crab with eggs caught must immediately be returned to the
				  waters from which the Samoan crab was taken. The possession of any Samoan crab,
				  showing indications of its eggs having been scraped or removed is prima facie
				  evidence of a violation of this section.
(c) It is unlawful for any person to pursue,
				  take, or kill any Samoan crab in the State with a spear.
(d) It is unlawful for any person to possess
				  or sell any speared Samoan crab.
(e) It is unlawful for any person to take or
				  kill any female Samoan crab.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-53 - Spiny lobster

Current through June, 2024
(a) It is unlawful
				  for any person to take, kill, possess, or sell any ula less than three and
				  one-fourth inches in carapace length, measured in a straight line along the
				  carapace or head, from the ridge between the two largest spines above the eyes
				  to the rear edge of the carapace.
(b) It is unlawful for any person to take,
				  kill, possess, or sell any ula taken from the waters within the jurisdiction of
				  the State during the months of May, June, July, and August.
(c) The possession of any ula by any person
				  during the months of May, June, July, and August is prima facie evidence that
				  the person is guilty of a violation of this section; provided that any
				  commercial marine dealer may sell, or any hotel, restaurant, or other public
				  eating house may serve ula lawfully caught during the open season by first
				  procuring a license to do so pursuant to section
				  1374-41.
(d) It is unlawful for any person to take,
				  kill, possess, or sell any ula with eggs. Any ula with eggs caught must
				  immediately be returned to the waters from which the ula was taken. The
				  possession of any ula showing indications of its eggs having been scraped or
				  removed is prima facie evidence of a violation of this section.
(e) It is unlawful for any person to pursue,
				  take, or kill any ula in the State with a spear.
(f) It is unlawful for any person to possess
				  or sell any speared ula.
(g) It is
				  unlawful for any person to possess or sell any ula in a condition where the
				  body is mutilated, or the carapace and tail are separated.
(h) It is unlawful for any person to take or
				  kill any female ula.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-54 - Slipper lobster

Current through June, 2024
(a) It is unlawful
				  for any person to take, kill, possess, or sell any ula pa[BAR]papa less than
				  two and three-fourths inches in tail width, measured in a straight line across
				  the widest spot of the tail between the first and second abdominal
				  segments.
(b) It is unlawful for
				  any person to take, kill, possess, or sell any ula pa[BAR]papa taken from the
				  waters within the jurisdiction of the State during the months of May, June,
				  July, and August.
(c) The
				  possession of any ula pa[BAR]papa by any person during the months of May, June,
				  July, and August is prima facie evidence that the person is guilty of a
				  violation of this section; provided that any commercial marine dealer may sell,
				  or any hotel, restaurant, or other public eating house may serve ula
				  pa[BAR]papa lawfully caught during the open season by first procuring a license
				  to do so pursuant to section
				  1374-41.
(d) It is unlawful for any person to take,
				  kill, possess, or sell any ula pa[BAR]papa with eggs. Any ula pa[BAR]papa with
				  eggs caught must immediately be returned to the waters from which the ula
				  pa[BAR]papa was taken. The possession of any ula pa[BAR]papa showing
				  indications of eggs having been scraped or removed is prima facie evidence of a
				  violation of this section.
(e) It
				  is unlawful for any person to pursue, take, or kill any ula pa[BAR]papa in the
				  State with a spear.
(f) It is
				  unlawful for any person to possess or sell any speared ula
				  pa[BAR]papa.
(g) It is unlawful for
				  any person to possess or sell any ula pa[BAR]papa in a condition where the body
				  is mutilated, or the carapace and tail are separated.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-55 - He'e

Current through June, 2024
It is unlawful for any person to take, possess, or sell any
					 he'e less than one pound in weight.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-70 - Stony corals

Current through June, 2024
(a) Except as
				  otherwise provided in this section or authorized by law:
(1) Subject to subsections (b) and (c), it is
				  unlawful for any person to take, break, or damage any stony coral, except as
				  provided in sections 171-58.5 and
				  205A-44, HRS;
(2) It is unlawful for any person to damage
				  any stony coral by any intentional or negligent activity causing the
				  introduction of sediment, biological contaminants, or pollution into state
				  waters;
(3) It is unlawful for any
				  person to sell any stony coral; except that stony coral rubble pieces or
				  fragments imported for the manufacture and sale of coral jewelry, or dead stony
				  coral obtained through legal dredging operations in Hawaii for agricultural or
				  other industrial uses, may be sold.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95 - RULES REGULATING THE TAKING AND SELLING OF CERTAIN MARINE RESOURCES › Section 13-95-71 - Live rocks

Current through June, 2024
(a) Except as otherwise provided in this
				  section or authorized by law:
(1) Subject to
				  subsections (b) and (c), it is unlawful for any person to take, break, or
				  damage any live rock;
(2) Subject
				  to subsection (b), it is unlawful for any person to damage any live rock by any
				  intentional or negligent activity causing the introduction of sediment,
				  biological contaminants, or pollution into state waters; and
(3) It is unlawful for any person to sell any
				  live rock.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-95.1-2 - Penalty

Current through June, 2024
(a) Any person who violates any provision of
					 this chapter shall be subject to administrative fines as provided by chapter
					 187A, HRS.
(b) Any administrative fine imposed under
					 this section for any violation of a provision of this chapter shall not
					 preclude the imposition of criminal penalties pursuant to section
					 188-70, HRS, or as may
					 be otherwise provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-95.1-3 - Scope

Current through June, 2024
(a) Unless expressly provided otherwise, the
					 scope of jurisdiction for subchapter
					 2 shall be as follows:
Subchapter
						2 shall apply to the take or possession
						of marine life from, in, or on the lands or waters of Maui island subject to
						state jurisdiction or control. For purposes of this section, "waters of Maui
						island" means all ocean waters within three nautical miles seaward from the
						highest wash of the waves on the shores of Maui, excluding all waters within
						two nautical miles from the shores of Kaho'olawe island, as shown on Exhibit 1
						entitled "Map of Maui Island Fisheries", dated May 19, 2014, and located at the
						end of this chapter.
(b)
					 Nothing in this chapter shall restrict the State's claims to jurisdiction and
					 authority over its marine waters.
(c) The take and possession provisions of
					 this chapter supersede any conflicting take or possession provisions in chapter
					 13-95.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-95.1-4 - Exceptions

Current through June, 2024
(a) The prohibitions of this chapter shall
					 not apply to authorized employees of the department when acting in the course
					 of their official duties, departmental agents and contractors engaged in
					 authorized departmental activities, or to any persons conducting activities
					 permitted under a valid license or permit listed under section
					 13-95-1.1
					 that expressly refers to this chapter.
(b) Native Hawaiian traditional and customary
					 rights recognized under article XII, section 7, of the Hawaii State
					 Constitution shall not be abridged.
(c) For the purposes of this chapter, any
					 commercial marine dealer may possess more than the allowed number of aquatic
					 specimens, only if the specimens were purchased from other individual(s) with:
(1) A valid commercial marine license
					 pursuant to section
					 189-2,
					 HRS; or
(2) A valid special marine
					 product license; and has receipts issued for each purchase pursuant to section
					 189-11,
					 HRS. Receipts shall include the first and last name and license number of the
					 person to whom the receipt is issued.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 1 - GENERAL PROVISIONS › Section 13-95.1-5 - Severability

Current through June, 2024
If any provision of this chapter, or the application
						thereof to any person or circumstances, is held invalid, the remaining
						provisions, or application of the provisions which can be given effect without
						the invalid provision or application, shall not be affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 2 - MAUI ISLAND FISHERIES › Section 13-95.1-20 - Goatfish

Current through June, 2024
(a) No person may take or possess any kumu,
					 moano kea, or weke nono less than twelve inches in length.
(b) Except as provided in subsection (f), no
					 person may take or possess any other goatfish less than eight inches in
					 length.
(c) No person may take more
					 than one kumu per day, or possess more than one kumu at any one time.
(d) No person may take more than
					 two moano kea per day, or possess more than two moano kea at any one time.
(e) No person may take more than
					 two munu per day, or possess more than two munu at any one time.
(f) Notwithstanding subsection (b), any
					 person may take up to fifty 'oama per day, or possess up to fifty 'oama at any
					 one time, provided that no 'oama may be taken by any means other than
					 hook-and-line fishing.
(g) No
					 person may sell any 'oama at any time.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 2 - MAUI ISLAND FISHERIES › Section 13-95.1-21 - Uhu

Current through June, 2024
(a) No person may take or possess any uhu
					 'ele'ele or uhu uliuli at any time.
(b) No person may take or possess any uhu
					 palukaluka or any uhu 'ahu'ula less than fourteen inches in length.
(c) Any other department size restriction
					 notwithstanding, subject to subsections (a) and (b), any person may take any
					 other uhu greater than ten inches in length.
(d) No person may take more than two uhu of
					 any variety per day, or possess more than two uhu of any variety at any one
					 time."
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part V - PROTECTED MARINE FISHERIES RESOURCES › Chapter 95.1 - ISLAND-BASED FISHERIES RULES › Subchapter 2 - MAUI ISLAND FISHERIES › Exhibit 1 - Map of Maui Island Fisheries

Current through June, 2024
Click
						here to view image
The Maui Island Fisheries rules do NOT apply to waters
						  within two nautical miles of Kahoolawe island (which are governed by the
						  Kahooolawe Island Reserve Commission's separate authority, Hawaii
						  Administrative Rules chapter 13-261).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 99 - INTRODUCED FRESHWATER FISHES › Section 13-99-1 - Prohibited activities

Current through June, 2024
No person shall catch, take, kill, possess, remove, or
					 sell, or offer for sale any of the introduced freshwater fishes listed in
					 §
										13-99-2 from the waters of the
					 State, except as provided in §
										13-99-2, and other rules affecting
					 freshwater fisheries management areas contained in Administrative Rules, title
					 13, subtitle 4, part III, chapters
					 61 through
					 70, provided that any such species of
					 fishes raised in private ponds or waters may be harvested and sold at any
					 time.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 99 - INTRODUCED FRESHWATER FISHES › Section 13-99-2 - Open seasons

Current through June, 2024
(a) A year-round
				  open season is established for the taking of largemouth black bass
				  (
Micropterus salmoides)
, smallmouth black bass
				  (
Micropterus dolomieui)
, bluegill sunfish
				  (
Lepomis
macrochirus)
,
				  channel catfish (
Ictalurus punctatus)
, tucunare
				  (
Cichla ocellaris
) and oscar (
Astronotus
				  ocellatus)
from the waters of the State, except as otherwise
				  regulated at specified freshwater fisheries management areas contained in
				  Administrative Rules, title 13, subtitle 4, part III, chapters
				  61 through
				  70, and subject to the following
				  applicable daily bag and minimum size limits:
(1) Ten largemouth black bass or ten
				  smallmouth black bass, or an aggregate total of ten such fishes not less than
				  nine inches (22.86 centimeters) in length;
(2) Three channel catfish of any
				  size;
(3) Three tucunare not less
				  than twelve inches (30.48 centimeters) in length; and
(4) Three oscar not less than ten inches
				  (25.40 centimeters) in length.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 99 - INTRODUCED FRESHWATER FISHES › Section 13-99-3 - Penalty

Current through June, 2024
A person violating the provisions of this chapter shall be
					 guilty of a petty misdemeanor, and upon conviction thereof, shall be punished
					 as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 100 - O'OPU AND HINANA › Section 13-100-1 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided:
"O'opu" means the members of the family Gobiidae known as
					 the o'opu nakea (
Awaous
stamineus
), o'opu naniha (
A.
genevittatus
), o'opu nopili (
Sicyopterus
					 stimpsoni
), and o'opu alamo'o (
Lentipes
concolor)
.
"Hinana" means young o'opu.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 100 - O'OPU AND HINANA › Section 13-100-2 - Prohibited activities

Current through June, 2024
No person shall:
(1) Fish for, catch, take, injure, or kill
				  any o'opu or hinana with any gill, draw, drag, cross or seine net;
(2) Possess any gill, draw, drag, cross or
				  seine net on or about the river/stream bank or in the water where o'opu or
				  hinana can be taken; and
(3) Sell,
				  or offer for sale, any o'opu or hinana, provided that any o'opu or hinana
				  raised in private ponds or waters may be harvested and sold.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part VI - PROTECTED FRESHWATER FISHERIES RESOURCES › Chapter 100 - O'OPU AND HINANA › Section 13-100-3 - Penalty

Current through June, 2024
Any person violating the provisions of this chapter shall
					 be punished as provided by section
					 188-70, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 1 - GENERAL PROVISIONS › Section 13-104-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
					 this chapter is to regulate activity within forest reserves established
					 pursuant to sections
					 183-11
					 and
					 183-15,
					 Hawaii Revised Statutes.
(b) These
					 rules shall apply to all persons entering the boundaries and jurisdiction of a
					 forest reserve. All persons shall observe and abide by officially posted signs
					 within forest reserves. Everyone using the forest reserves should conduct
					 themselves in a safe and courteous manner. Users of the forest reserves should
					 be aware that there are certain inherent risks involved due to other users and
					 the environment and should use caution at all times.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 1 - GENERAL PROVISIONS › Section 13-104-3 - Penalty

Current through June, 2024
(a) Any person violating any of the
					 provisions of this chapter shall be subject to penalty as provided by law. All
					 revenues generated from fines or penalties imposed pursuant to this section
					 shall be deposited into the forest stewardship fund. Any equipment, article,
					 instrument, aircraft, vehicle, business record, or natural resource used or
					 taken in violation of the provisions of this chapter may be seized and subject
					 to forfeiture as provided by section
					 199-7,
					 Hawaii Revised Statutes, and chapter
					 712A, Hawaii Revised
					 Statutes.
(b) Restrictions and
					 prohibitions imposed by this chapter shall not apply to state employees or
					 their agents acting in the scope of their employment while within the forest
					 reserve. Any penalty imposed may take into account emergency situations, such
					 as fire or other disasters or where necessary to protect life or property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-4 - Preservation of public property and resources

Current through June, 2024
The following activities are prohibited within a forest
						reserve:
(1) To remove, injure, or
					 kill any form of plant or animal life, either in whole or in part, except as
					 authorized by the board or authorized representative or as provided by the
					 rules of the board;
(2) To remove,
					 damage, or disturb any natural feature or resource (e.g., natural stream beds)
					 except as authorized by the board or its authorized representative;
(3) To remove, damage, or disturb any
					 historic or prehistoric remains;
(4) To remove, damage, or disturb any notice,
					 marker, or structure;
(5) To enter,
					 occupy, or use any building, structure, facility, motorized vehicle, machine,
					 equipment, or tool within a forest reserve except as authorized by the board or
					 its representative;
(6) To engage
					 in any construction or improvement except as authorized by the board;
(7) To sell, peddle, solicit, or offer for
					 sale any merchandise or service except with written authorization from the
					 board;
(8) To distribute or post
					 handbills, circulars, or other notices;
(9) To introduce any plant or animal except
					 as approved by the board; and
(10)
					 To enter or remain within a forest reserve while under the influence of
					 alcohol, narcotics, or drugs, to a degree that may endanger or cause annoyance
					 to other persons, or endanger oneself or property. The use or possession of
					 narcotics, drugs, or alcohol within forest reserves is prohibited.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-5 - Litter and sanitation

Current through June, 2024
The following acts are prohibited within a forest
						reserve:
(1) To drain, dump, or leave
					 any litter, animal waste or remains, or any other material which pollutes or is
					 likely to cause pollution in the forest reserve, including streams and other
					 water sources;
(2) To deposit any
					 body waste in areas without comfort stations, without digging a hole and
					 covering all signs of the waste;
(3) To deposit any body waste within 15 0
					 feet of a spring, stream, lake, or reservoir; and
(4) To leave or abandon any large refuse,
					 such as refrigerators or stoves, household garbage or trash, or other forms of
					 waste or debris.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-5.5 - Abandoned and unattended property

Current through June, 2024
No person shall abandon or leave personal property
						unattended within a forest reserve for any purpose not otherwise authorized or
						inconsistent with the purposes of the forest reserve. All such property may be
						seized, impounded, or otherwise confiscated by the board or any authorized
						representative.
(1) If unattended
					 personal property, including but not limited to motor vehicles, interferes with
					 the safe or orderly-management of a forest reserve or is stored on the
					 publicly-managed lands, the personal property may be seized or impounded by the
					 board or its authorized representative. Any article or instrument that is
					 dangerous, noxious, hazardous, or considered as contraband under the laws of
					 the State of Hawaii, which could endanger the health, safety, or welfare of the
					 public, or public property, may be immediately seized and disposed of by any
					 authorized representative of the department if found abandoned or unattended in
					 the forest reserve.
(2) All
					 impounded vehicles shall be towed to a place of storage. Owners of towed
					 vehicles shall contact the division or the division of conservation and
					 resource enforcement branch office for information on towed vehicles. Towing,
					 storage, and other related costs shall be assessed pursuant to section
					 290-11,
					 Hawaii Revised Statutes.
(3) All
					 impounded or confiscated property, other than vehicles, shall be moved to a
					 place of storage, and the owner shall be assessed moving, storage, and other
					 related costs. Additionally, the owner of this property shall bear the
					 responsibility for the risk of any loss or damage to their property.
(4) Abandoned vehicles may be sold at public
					 auction pursuant to section
					 290-11,
					 Hawaii Revised Statutes. All other impounded or confiscated property shall be
					 disposed of pursuant to section
					 171-31.5,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-6 - Report of injury or damage

Current through June, 2024
All incidents resulting in injury or death to persons or
						damage to property shall be reported by the person or persons involved as soon
						as possible to the board or its authorized representative. This report does not
						relieve persons from the responsibility of making any other accident reports
						which may be required under federal, state, or county statutes, ordinances, and
						rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-7 - Fire use restrictions

Current through June, 2024
The following acts are prohibited within a forest
						reserve:
(1) To build any fire on the
					 ground or in any structure not otherwise authorized by this section;
(2) To build any fire without using a
					 portable stove or other self-contained unit;
(3) To leave a fire unattended without
					 extinguishing all traces of heat;
(4) To deposit or discard any potential
					 fire-producing material, such as embers, coals, or ashes that are too hot to
					 touch;
(5) To set on fire or cause
					 to be set on fire any live or dead vegetation except for department fire
					 control measures; and
(6) To start
					 a fire in windy conditions in a place or manner that is likely to cause live or
					 dead vegetation to be set on fire.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-7.5 - Closing of areas

Current through June, 2024
(a) The board, or
					 its chairperson, may close or restrict the public use of all or any portion of
					 a forest reserve in the event of an emergency or when deemed necessary for:
(1) The protection of the biological,
					 geological, or cultural resources of the area;
(2) Health, safety, or welfare
					 reasons;
(3) The protection of
					 property; or
(4) Management
					 activities, by the posting of appropriate signs indicating the duration,
					 extent, and scope of closure.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-8 - Hunting and fishing

Current through June, 2024
The hunting, fishing, trapping, or disturbing of any
						fish, animal, or bird is prohibited except as permitted by department hunting
						or fishing rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-9 - Firearms or other weapons

Current through June, 2024
Firearms and other weapons, including those discharging
						projectiles by air or gas operation; or bow and arrow, are prohibited except as
						permitted by department hunting rules and are subject to all applicable
						federal, state, and county statutes, ordinances, and rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-10 - Swimming and bathing

Current through June, 2024
Swimming and bathing in all waters within a forest
						reserve are permitted at an individual's own risk except in waters and at times
						where the activities are prohibited by the board or its authorized
						representative in the interest of public health and safety. The prohibited
						waters and times shall be designated by posted signs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-11 - Vehicles and transportation

Current through June, 2024
The following acts are prohibited while under the
						jurisdiction of the state within a forest reserve:
(1) To drive, operate, or use any motorized
					 or non-motorized land vehicle, glider, hang glider, aircraft, unmanned aircraft
					 system, balloon, or parachute carelessly and without due caution for the rights
					 or safety of others and in a manner that endangers any person or
					 property;
(2) To launch or land
					 aircraft, gliders, helicopters, balloons, parachutes, or other similar means of
					 transportation without a permit for that purpose from the board or its
					 authorized representative; provided that landing is authorized without a permit
					 in case of any emergency;
(3) To
					 drive, operate, or use any motorized vehicle in any area or trails not
					 designated for that purpose, including areas requiring four-wheel drive
					 only;
(4) To park any motorized or
					 non-motorized vehicle or trailer except in designated areas;
(5) To drive, lead, or ride a horse, mule,
					 other animal, or non-motorized land vehicle in areas and on roads or trails
					 that are posted against such activity;
(6) To drive, operate, or use any motorized
					 land vehicle without a functioning street legal muffler, and without a valid
					 vehicle license plate, registration and safety sticker if required by the
					 appropriate respective county; and
(7) To launch, land, or operate any unmanned
					 aircraft system without a permit for that purpose from the board or its
					 authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-12 - Animals

Current through June, 2024
(a) Dogs, cats, and other animals are
					 prohibited within a forest reserve unless crated, caged, or on a leash, at all
					 times except for hunting dogs when permitted by chapters
					 13-122 and 13-123.
(b) All dogs used for hunting shall be
					 crated, caged, or leashed or otherwise under restrictive control during
					 transportation while in transit at all times, to and from hunting areas within
					 the forest reserve.
(c) Dogs, cats,
					 or other domestic animals, observed by an authorized representative of the
					 board to be running at large or in the act of killing, injuring, or molesting
					 humans, wildlife, or property, may be disposed of in the interest of public
					 safety and the protection of the forest reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-13 - Audio devices and noise

Current through June, 2024
Creating noise or sound within a forest reserve, either
						vocally or otherwise (e.g., public address systems, radios, television sets,
						musical instruments) or use of any noise producing devices (e.g., electric
						generating plants or other equipment driven by motors or engines) in a manner
						and at times which creates a nuisance is prohibited.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-14 - Explosives

Current through June, 2024
The use or possession of fireworks, firecrackers, or
						explosive devices within a forest reserve is prohibited.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-15 - Disorderly conduct

Current through June, 2024
Disorderly-conduct, as defined in section
						711-1101,
						Hawaii Revised Statutes, is prohibited within a forest reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-16 - Camping

Current through June, 2024
No person shall camp, or use recreational trailers or
						other camper units within any forest reserve, except with the prior written
						authorization of the board or its authorized representative and as permitted by
						the rules of the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 2 - PUBLIC USE › Section 13-104-17 - Compliance with laws

Current through June, 2024
All persons entering the boundaries of a forest reserve
						shall comply with all federal, state, and county laws, ordinances, and rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-18 - General provisions for permits

Current through June, 2024
(a) The board or
					 its authorized representative may issue the following types of permits:
(1) Camping;
(2) Special use;
(3) Collecting;
(4) Commercial; and
(5) Access.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-19 - Camping permits

Current through June, 2024
(a) All persons,
					 groups, organizations, or associations wishing to camp within a forest reserve
					 shall obtain a camping permit authorizing the use of the specific area and
					 facilities for camping purposes for the stated date or dates.
(b) Each camping permit will reserve the use
					 of a designated area for the stated date or dates of use. Camping is permitted
					 only in designated areas or sites.
(c) No person, group, organization, or
					 association shall remain at any one specific camping site for longer than seven
					 days; provided that the board or its authorized representative may extend the
					 length of stay for good cause.
(d)
					 After issuance of a camping permit, a period of at least thirty days shall pass
					 before another camping permit for the same designated area may be issued to any
					 person listed on any previously valid or current camping permit. The board or
					 its authorized representative may waive a portion of the thirty-day period for
					 good cause.
(e) Camping permits may
					 be denied, canceled, or terminated for the following reasons:
(1) When the size of the group will exceed or
					 exceeds the capacity of the existing site or facilities;
(2) When there are inadequate facilities to
					 meet the immediate needs of the camper or campers;
(3) When repairs or improvements are being
					 made at the campsite; or
(4) When a
					 state of emergency is declared or for other reasons involving the health,
					 safety, and welfare of the applicants or permittees; upon the declaration of
					 the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-20 - Special use permits

Current through June, 2024
(a) Special use
					 permits are only issued by the board or its authorized representative. Special
					 uses are those provided for in this section and which are considered compatible
					 with the functions and purposes of each individual area, facility, or unit
					 within a forest reserve. Special uses include but are not limited to community
					 activities, such as meetings, weddings, concerts, shows, and other community
					 events; and the scientific collection of plants and animals.
(b) Applications for special use permits
					 shall be received by the board or its authorized representative at least
					 fifteen working days in advance of the date the permit is to be in effect,
					 however, the deadline may be waived by the board or its authorized
					 representative upon a showing of good cause.
(c) A request for a special use permit shall
					 be considered on its own merits, including its potential effect on forest
					 reserve resources and the public's use and enjoyment of the forest reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-21 - Collecting permits

Current through June, 2024
(a) Persons wishing
					 to collect forest products for personal use and at no charge shall obtain a
					 collecting permit authorizing the collection in a specific area.
(b) Each application for a collecting permit
					 shall be considered on its own merits, including its potential effect on forest
					 reserve resources and the public's use and enjoyment of the forest
					 reserve.
(c) Collecting permits
					 shall specify:
(1) The date or dates of
					 collection;
(2) The quantities and
					 products to be collected;
(3) The
					 areas of collection; and
(4) Any
					 other terms and conditions deemed necessary by the board or its authorized
					 representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-22 - Commercial permits

Current through June, 2024
(a) Commercial use
					 permits. The board or its authorized representative may issue commercial use
					 permits.
(1) Applications for commercial use
					 permits shall be received by the board or its authorized representative at
					 least thirty working days in advance of the date the permit is to be in effect;
					 however, the deadline may be waived by the board or its authorized
					 representative upon a showing of good cause.
(2) A request for a commercial use permit
					 shall be considered on its own merits, including its potential effect on forest
					 reserve resources and the public's use and enjoyment of the forest
					 reserve.
(3) The value of the
					 commercial activity shall be decided by the board or its authorized
					 representative and shall not exceed $10,000.
(4) The time of entry for the commercial
					 activity shall not exceed thirty days, except that the board or its authorized
					 representative may extend this time for good cause.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-23 - Access permits

Current through June, 2024
Permits for access to or entry into forest reserves may
						be required by the board or its authorized representative for the following
						purposes:
(1) To comply with the
					 requirements of private landowners or lessees who permit access to forest
					 reserves through their land;
(2) To
					 control the number of people using a forest reserve or an area within a forest
					 reserve in order to minimize any impact upon environmentally sensitive
					 areas;
(3) To control the types of
					 uses of a forest reserve or an area within a forest reserve in order to
					 minimize the dangers of incompatible uses in the same area (e.g., horseback
					 riding and motorcycle riding);
(4)
					 To control uses of a forest reserve, or any portion thereof, which may be under
					 closure or otherwise restricted; and
(5) For scientific research activities that
					 are otherwise prohibited by this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 3 - PERMITS › Section 13-104-24 - Commercial activities

Current through June, 2024
No person shall engage in commercial activities of any
						kind in a forest reserve without a written permit from the board or its
						authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 4 - FEES AND CHARGES › Section 13-104-25 - General statement

Current through June, 2024
(a) This subchapter
					 establishes user fees and charges for services, facilities, and activities for
					 forestry and recreational purposes, where applicable under the jurisdiction of
					 the division.
(b) The fees and
					 charges are:
(1) Collected to offset the
					 expenses of operating, maintaining, and managing the facilities and
					 services;
(2) Fixed with due regard
					 to the primary purposes of providing public outdoor recreational facilities and
					 promoting an appreciation and connection with Hawaii's forests; and
(3) Set by categories.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 4 - FEES AND CHARGES › Section 13-104-26 - Payment

Current through June, 2024
(a) Method of payment of fees and charges
					 shall be online by credit card or by business check, cashier's check, money
					 order, or cash at division branch offices or the administration
					 office.
(b) All fees shall be paid
					 in advance of issuance of a permit, except aa specified by chapter
					 13-104.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 4 - FEES AND CHARGES › Section 13-104-27 - Camping and cabin rental fees

Current through June, 2024
The camping and cabin rental fees shall be set according
						to the amounts in Schedule A - Camping and Cabin Rental Fees - 12/28/16.
Schedule A
Camping and Cabin Rental
									 Fees
12/28/16
Maximum No. Campsites
Maximum No. Persons per campsite
Resident Fee ($/night/
									 campsite)
Nonresident Fee ($/night/
									 campsite)
Category 1
Up to 5
Up to 15
$12*
$18**
Unimproved campsite or improved
									 campsite with minimal amenities (i.e., trailside camping or a campsite with
									 picnic table and shelter and clivus toilet)
Category 2
1 Cabin
Up to 6
$30/night per cabin ***
$50/night per cabin ***
Improved campsite or small cabin that
									 houses no more than 6 persons
Category 3
1 Cabin
Up to 20
$60/night per cabin ***
$90/night per cabin ***
Improved campsite or large cabin that
									 houses 7 or more persons
* A resident camping permit for up to 6 persons
									 is $12.
Additional persons will cost $2 per
									 person.
** A nonresident camping permit for up to 6
									 persons is $18. Additional persons will cost $3 per person.
***Fee reflects total cost for cabin rental
									 regardless of number of persons staying overnight.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 104 - RULES REGULATING ACTIVITIES WITHIN FOREST RESERVES › Subchapter 4 - FEES AND CHARGES › Section 13-104-28 - Commercial use permit fees

Current through June, 2024
Commercial use permit fees are listed in Schedule B -
						Commercial Use Permit Fees - 12/28/16 and shall apply depending on the
						applicable commercial activity or activities; provided that the requested
						recreational facility is approved for commercial use by the forestry and
						wildlife manager.
Schedule B
Commercial Use Permit Fees
12/28/16
Base commercial use permit processing
									 fee
$10
Price per pedestrian
$5
Price per non-motorized bicycle or horseback
									 rider
$7
Price per motorized vehicle up to 5
									 people
$25
Price per motorized vehicle up to 8
									 people
$50
Price per motorized vehicle up to 12
									 people
$75
Price per motorized vehicle up to 15+
									 people
$100
Price per operator and/or passenger of aerial
									 craft launching from and/or landing in a forest reserve
$5
Price per campsite, facility, or cabin per
									 day
$100
Price per commercial film permit
$100
Price per item/activity (miscellaneous)
$20