reglab/statecodes huggingface dataset:
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 13-104-29 - Kiln fees

Current through June, 2024
Kiln fees are listed in Schedule C - Kiln Fees - 12/28/16
						and shall be paid no later than fifteen days after kiln services are rendered.
Schedule C
Kiln Fees
12/28/16
Unit
Unit Cost
1 - 900 Board Feet
$0.70 each
901 - 1000 Board Feet
$0.60 each
1001 - 1500 Board Feet
$0.50 each
1501 and up Board Feet
$0.40 each
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 13-104-30 - Permit processing fees

Current through June, 2024
The fee for the processing of an access permit for
						scientific research purposes shall be $50. The fee for processing any other
						permit shall be $10.
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 13-104-31 - Parking and entrance fees

Current through June, 2024
The fee for parking a vehicle may be assessed at $5 per
						vehicle, per day.
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 13-104-32 - Fee for copies of rules

Current through June, 2024
The fee per copy of these rules shall be 10 cents per
						page. No fee shall be charged for copies furnished to federal, state, or local
						governmental agencies. The fee may be waived in other instances at the
						discretion of the administrator or the administrator's authorized
						representative when a waiver is in the public interest.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  these rules is to regulate watershed areas established pursuant to section
				  183-31, Hawaii
				  Revised Statutes.
(b) These rules
				  shall apply to all persons entering the boundaries of a restricted
				  watershed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-2 - Definitions

Current through June, 2024
As used in these rules, unless context requires
					 otherwise:
"Restricted watersheds" means those watersheds where water
					 supplies are vulnerable to contamination by public access and are therefore
					 designated as restricted watersheds to public access.
"Watershed" means an area from which the domestic water
					 supply of any city, town, or community is or may be obtained or an area where
					 water infiltrates into artesian or other groundwater areas from which the
					 domestic water supply of any city, town, or community is or may be
					 obtained.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-3 - Prohibited entry

Current through June, 2024
(a) All persons are prohibited from entering
				  a restricted watershed, except as provided in section 13-105-4.
(b) This prohibition shall not apply to use
				  of the main government roads.
(c)
				  Any activity of a commercial nature is prohibited.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-4 - Permitted entry

Current through June, 2024
(a) The board of land and natural resources
				  or its authorized representative may authorize the issuance of permits to enter
				  a restricted watershed as follows:
(1)
				  Purposes connected with the performance of official duties, research and other
				  scientific pursuits, and other purposes determined to be appropriate and
				  necessary for the public's interest.
(2) Public hunting and fishing as permitted
				  by department of land and natural resources hunting and fishing
				  rules.
(3) Hiking, observation of
				  flora and fauna, and other recreational or educational purposes which may be
				  determined acceptable for any given watershed area.
(4) Collecting of fruits, greenery and other
				  plant parts for personal use, which may be determined acceptable for any given
				  watershed area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-5 - Designations of [closed] restricted watersheds

Current through June, 2024
The following areas are designated restricted watersheds.
					 All survey maps and metes and bounds descriptions are on file with the survey
					 division of the department of accounting and general services (DAGS) as
					 follows:
(1) Hilo Restricted Watershed
				  Within the Hilo Forest Reserve
,
South Hilo, Island of
				  Hawaii (Map and description designated C.S.F. #18,835 and dated December 16,
				  1980, DAGS)
(2) Kohala Restricted
				  Watershed Within the Kohala Forest Reserve
,
South
				  Kohala, Island of Hawaii (Map and description designated C.S.F. #18,836 and
				  dated December 16, 1980, DAGS)
(3)
				  Haao Springs Restricted Watershed Within the Kau Forest
				  Reserve
,
Waiohinu, Kau, Island of Hawaii (Map and
				  description designated C.S.F. #18,837 and dated December 16, 1980,
				  DAGS)
(4) Waiahole Restricted
				  Watershed Within the Waiahole Forest Reserve
,
Waiahole, Koolaupoko, Island of Oahu (Map and description designated
				  C.S.F.#18,834 and dated December 16, 1980, DAGS)
(5) Waianae-Kai Restricted Watershed Within
				  the Waianae-Kai Forest Reserve
,
Waianae-Kai, Waianae,
				  Island of Oahu (Map and description designated C.S.F. #19,103 and dated
				  December 16, 1980, DAGS)
(6)
				  Honolulu Restricted Watershed Within the Honolulu Watershed Forest
				  Reservation
,
Honolulu, Island of Oahu (Map and
				  Honolulu Watershed Forest description designated C.S.F. #18,833 and dated
				  December 16, 1980, DAGS)
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-5.1 - Compliance with laws

Current through June, 2024
All persons entering the boundaries of a
					 restricted watershed shall comply with all federal, stater 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 105 - RULES REGULATING [CLOSED] RESTRICTED WATERSHEDS › Section 13-105-6 - Penalty

Current through June, 2024
Any person violating any of the provisions of these rules
					 shall be
guilty of a misdemeanor and shall be
penalized as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 1 - GENERAL PROVISIONS › Section 13-106-1 - Purpose and applicability

Current through June, 2024
The purpose of this chapter is to provide rules to enact
						Chapter 186, Hawaii Revised Statutes, which authorizes the board of land and
						natural resources to classify lands as tree farms, if it is suited for the
						sustained production of forest products in quantity sufficient to establish a
						business in the sale thereof.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 1 - GENERAL PROVISIONS › Section 13-106-2 - Definitions

Current through June, 2024
As used in this title, unless the context requires
						otherwise:
(1) "Administrator" means
					 the administrator of the division of forestry and wildlife;
(2) "Authorized representative" means the
					 administrator, foresters, and other persons authorized by the department to act
					 for the board;
(3) "Board" means
					 the Board of land and natural resources;
(4) "Commercial tree species'' means trees of
					 any species maintained for eventual harvest and for a realization of profit in
					 the business thereof:
(5)
					 "Department" means the department of land and natural resources;
(6) "Division" means the division of forestry
					 and wildlife;
(7) "Forest" means
					 forest land occupied by forest trees and associated wildlife species, and
					 timber thereon;
(8) "Forest
					 landowner" means the legal owner(s) of the property or lessee(s) of the
					 property;
(9) "Forest management
					 plan" means a written document for the management of a specified area for the
					 establishment, growth and harvesting of timber. It identifies forest management
					 goals and objectives and forestry prescriptions necessary for the growing and
					 harvesting of a commercial tree species;
(10) "Forest product" means any saleable item
					 made from wood that is taken and/or harvested from forest trees;
(11) ''Monoculture" means a predominant
					 representation of non-native forest trees that are of the same
					 species;
(12) "Native forest" means
					 a forest containing a range of plant species which are endemic or indigenous to
					 Hawaii and represents natural plant communities appropriate to the
					 area;
(13) "Prescription" means
					 prescribed treatments used in forest management;
(14) "Same vicinity" means areas with similar
					 soil type, forest or vegetative cover, and annual rainfall
					 distribution;
(15) "Sustained
					 production" means forestry practices that do not reduce the capacity of the
					 land to support successive or continuous yields;
(16) "Tree farm" means any public land or
					 privately owned forest land that is capable of sustaining commercial tree
					 species;
(17) "Wood" means woody
					 tissue growth of any tree species living or dead.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 1 - GENERAL PROVISIONS › Section 13-106-3 - Eligibility

Current through June, 2024
(a) Any property of not less than ten acres:
(1) Included within the agricultural district
					 pursuant to section
					 205-2,
					 Hawaii Revised Statutes: or
(2)
					 Included within the conservation district and zoned for commercial forest use;
					 is eligible for classification as tree farm property if it is suited for the
					 sustained production of forest products in quantity sufficient to establish a
					 business in the sale thereof; and
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 2 - FOREST MANAGEMENT PLAN › Section 13-106-4 - Application procedures

Current through June, 2024
The owner of any property which complies with the
						requirements specified in section
						186-2, Hawaii Revised
						Statutes, may apply to the board for classification of the owner's property as
						tree farm property. The application shall include:
(1) A description of the property;
(2) A forest management plan approved by the
					 Division which addresses the establishment, maintenance, and harvest of forest
					 products in a sustained manner while exercising sound conservation
					 prescriptions;
(3) The board may
					 require that the application be signed by all persons having a legal interest
					 in or holding any legal encumbrance upon the property, and shall state that all
					 of them will comply with the management plan upon its approval; and
(4) All public hearings, environmental
					 assessments and conservation district use permits required by statute or rules
					 of the department shall be completed before any management plan is approved;
					 and
(5) A non-refundable fee of $50
					 payable to the department must accompany the application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 2 - FOREST MANAGEMENT PLAN › Section 13-106-5 - Management plan format

Current through June, 2024
The minimum management plan standards shall
						include:
(1) Cover Sheet - Lists the
					 forest landowner's name and address; location of the property described in the
					 management plan; the name, address, title and phone number of the person
					 completing the plan; and the date the plan was completed.
(2) Signature Page - Signatures of the forest
					 landowner, person who writes the plan, and the division are required.
(3) Introduction - Describes the landowner's
					 goals and objectives.
(4) General
					 Property Description - Covers the description of the property. The description
					 shall include: Tax Map Key description, acres designated as tree farm property,
					 location to nearest town, general aspect, slope, elevation, annual rainfall,
					 access roads, forest composition, size and crown class, soil classes,
					 threatened and endangered species information and conservation district use
					 classification.
(5) Area map -
					 Outlines the property considered for tree farm classification. It should detail
					 the major highways, access roads, streams, and elevations including a scale and
					 north arrow. A topographic map is preferred.
(6) Brief history of forest management and
					 use - Covers the property's history pertaining to forest age, structure,
					 composition and condition.
(7)
					 Definitions and symbols - Technical terms used in the management plan should be
					 defined. For example, "board foot" is a measure of wood volume having 144 cubic
					 inches of wood i.e. 1" x 12" x 12".
(8) Soils classification and suitability -
					 Each soil type shall be identified along with the acres involved. Information
					 can be obtained from the United States Department of Agriculture, Soil
					 Conservation Service's Soil Survey handbook.
(9) Forest landowner's plan of action - The
					 management plan must identify forest management prescriptions that the forest
					 landowner has agreed to follow. The following items must be considered and
					 addressed in the management plan: site preparation, planting, replanting,
					 weeding, fertilizing, thinning, pruning, fire protection, harvesting, soil
					 erosion, aesthetics, wildlife, watershed, recreation and marketing.
(10) Regulations - Compliance to all federal,
					 state, and county laws, rules and ordinances to include mitigation of
					 threatened and endangered species should be addressed here.
(11) Summary of forest management concerns
					 and recommendations - This section lists and summarizes the forest
					 prescriptions necessary to qualify this property as a tree farm. A time table
					 of the forest management prescriptions is required.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 2 - FOREST MANAGEMENT PLAN › Section 13-106-6 - Classification by board

Current through June, 2024
If the board finds that the property identified in the
						application is suited for the sustained production of forest products in
						quantity sufficient to establish a business in the sale thereof, the property
						shall be classified by the board as tree farm property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 3 - AGREEMENT WITH OWNER › Section 13-106-7 - Agreement

Current through June, 2024
Upon classification, the board shall be responsible for
						preparing, executing, and administering an agreement with the applicant and
						others having a legal interest in or encumbrance upon the tree farm property.
						The agreement shall contain other terms and conditions prescribed by the board
						and shall be for a period of not less than twenty years but shall contain, as a
						minimum, the following conditions:
(1)
					 Cancellation and termination, (a) The agreement shall be canceled and
					 terminated and the tree farm property shall thereby be declassified if, upon
					 investigation, the board determines that the owner of the property is not
					 complying with this chapter or the management plan, (b) The Administrator will
					 duly notify the respective county of this action;
(2) Withdrawal, (a) Any owner of tree farm
					 property desiring to withdraw all or part of the property from the operations
					 of this chapter may at any time make written application to the board, (b) The
					 Administrator will duly notify the respective county of this action;
(3) Amendment. Any owner of tree farm
					 property with the approval by the division may propose to amend the management
					 plan to adapt the plan to current conditions;
(4) Forest landowner responsibilities. The
					 owner shall develop and maintain timber tree species as specified in the
					 management plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 3 - AGREEMENT WITH OWNER › Section 13-106-8 - Penalties

Current through June, 2024
Failure by the forest landowner to comply with the plan
						and agreement terms may result in the cancellation of the Tree Farm designation
						by the board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 3 - AGREEMENT WITH OWNER › Section 13-106-9 - Periodic review of tree farm property by board or authorized representative

Current through June, 2024
Upon written notification to the landowner, the tree
						farm property may be reviewed at least every two years by the board or its
						authorized representatives. The review shall determine whether the owner is in
						compliance with the management plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 106 - RULES FOR ESTABLISHING TREE FARMS › Subchapter 3 - AGREEMENT WITH OWNER › Section 13-106-10 - Additional land inclusion

Current through June, 2024
A landowner may at any time apply to the board to have
						more acreage classified as tree farm property subject either to a new agreement
						or to amend the original agreement.
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 13-107-3 - Prohibited activities

Current through June, 2024
(a) No person shall
				  or attempt to take, sell, or offer for sale, deliver, carry, ship, transport,
				  or export, any native threatened or endangered plant or parts thereof from any
				  lands within the State of Hawaii, except as an authorized representative of the
				  department and as provided for in this chapter.
(b) No person shall outplant any threatened
				  or endangered species on another landowner's property without the permission of
				  the landowner and obtaining the appropriate license from the department, except
				  as provided for in this chapter.
(c) Horticultural activities within a
				  controlled environment cannot be used to either justify or mitigate
				  transplantation, removal, or destruction of wild plants or populations of both
				  threatened and endangered plants.
(d) No person shall sell threatened and
				  endangered plants unless that plant species has been approved by the department
				  for commercial use.
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 13-107-4 - Licenses

Current through June, 2024
(a) Licenses for collecting, possessing,
				  transporting, propagating, and outplanting threatened or endangered species of
				  plants from wild populations may be issued by the board or its authorized
				  representative for propagation, education, cultural, or scientific purposes or
				  to enhance the survival of the species.
(b) Applications for licenses shall be in
				  writing and contain:
(1) A description of the
				  project, including its purpose, location, methods, and study plan, and length
				  of duration;
(2) Information as to
				  species, location (if known), and both number of plants and plant parts to be
				  collected;
(3) The name, address,
				  and affiliation of the collector(s) or organization sponsoring the
				  project.
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 13-107-5 - Transfer of plants by licensees

Current through June, 2024
(a) License holders
				  may give away, donate, or sell threatened and endangered plants derived from
				  garden-grown stocks only if they comply with all requirements under this
				  chapter.
(b) Licensee(s) are
				  responsible for providing written information concerning restrictions
				  established by the department and the island of origin with all plants that are
				  given away, donated, or sold. Licensee(s) are encouraged to provide educational
				  materials that emphasize the need to protect wild populations.
(c) An annual summary shall be submitted to
				  the department by the license holder by July 1 of each year for the duration of
				  the license period and shall include:
(1) The
				  name and address of the licensee;
(2) The scientific, common name, and numbers
				  of the plants given away, donated, or sold during the past fiscal
				  year.
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 13-107-6 - Commercial-use plant species

Current through June, 2024
(a) All threatened
				  and endangered plant species from garden-grown stock can be used commercially.
				  Petitions to exclude certain threatened and endangered plant species from being
				  used commercially must be submitted in writing to the department.
(b) The petition will be referred to a
				  committee composed of a minimum of five members who are knowledgeable of the
				  biological conditions required to grow threatened and endangered plants, which
				  shall include at least one nursery association representative, one from the
				  native Hawaiian community knowledgeable in traditional arts and religious
				  practices, and one citizen at large knowledgeable in the cultivation and use of
				  native plants. The committee shall evaluate, based upon the best knowledge
				  available, whether commercial use of a plant species will endanger wild
				  populations of that or any other native plant species, and will make
				  recommendations to the department, which will approve or deny these
				  petitions.
(c) The petitioner will
				  be responsible for obtaining the information needed by the committee to make a
				  recommendation as to the status of a plant species.
(d) The committee will review commercial-use
				  plant species two years after the initial recommendation, make a second
				  recommendation five years after the initial recommendation and every two years
				  thereafter to recommend continuing, denying, or excluding plant species from
				  commercial use based upon chapter
				  195D, HRS, protection of the wild
				  populations, enforcement issues, and enhancement of the plant species. The
				  committee may, however, review any plant species at anytime.
(e) Commercial-use plants may only be sold if
				  accompanied by a tag provided by the department. Each plant must have a tag
				  which will be sold to licensees at cost and to commercial vendors with a
				  surcharge to cover administrative expenses. The tag will indicate to the
				  department, the vendor, and the buyer that the plant is from garden-grown stock
				  and not from a wild population.
(f)
				  Accidental death of plants sold with a tag will not be subject to penalty under
				  this chapter.
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 13-107-7 - Compliance with laws

Current through June, 2024
All persons applying for licenses under this chapter shall
					 comply with all federal, state, and county laws, rules, and required permits or
					 licenses.
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 13-107-9 - Exemption

Current through June, 2024
(a) Person(s) who possessed plants or plant
				  parts prior to their listing as threatened or endangered may voluntarily submit
				  the following documentation to the division of forestry and wildlife:
(1) The species' scientific and common
				  name;
(2) The location and number
				  of plants; and
(3) Where the plants
				  were obtained, if known.
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 13-107-10 - Severability

Current through June, 2024
These rules are declared to be severable and if any
					 portion or the application thereof to any person or property is held invalid
					 for any reason, the validity of the remainder of these rules or the application
					 of the remainder to other persons or property shall not be
					 affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 1 - GENERAL PROVISIONS › Section 13-109-1 - Purpose and applicability

Current through June, 2024
The purpose of this section is to provide rules to
						implement chapter
						195F, HRS, which authorizes the
						board of land and natural resources to establish a forest stewardship program
						to financially assist applicants to manage, protect, and restore important
						natural resources on private forest or formerly forested
						property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 1 - GENERAL PROVISIONS › Section 13-109-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context requires
						otherwise:
"Administrator" means the administrator of the division
						of forestry and wildlife, department of land and natural resources.
"Agreement" means a written program management contract
						between the board and applicant.
"Applicant" means any person having an interest in or
						holding any encumbrance upon private property in the State, including any
						person having a leasehold interest in the real property with an unexpired term
						of ten or more years.
"Board" means the board of land and natural
						resources.
"Chairperson" means the chairperson of the board of land
						and natural resources.
"Department" means the department of land and natural
						resources.
"Division" means the division of forestry and wildlife,
						department of land and natural resources.
"Forest stewardship advisory committee" means a group of
						people representing federal, state and county resource agencies, private
						landowners, forest industry, consulting foresters, and environmental and
						conservation organizations who advise the administrator.
"Hold-down rate" means the maximum cost-share rate that
						the program will pay to an applicant to implement a practice.
"Management plan" means a written document for the
						management of a specified area identifying forest stewardship management goals,
						objectives, and forestry-practices necessary for the long-term management of
						forest resources, fire hazards, timber and wood products, soil and water
						resources, riparian areas, wetlands, fish and wildlife habitats, and outdoor
						recreation.
"Natural area partnership program" is a state program as
						set forth in chapter
						195, HRS, and is designed to manage
						private lands that are of natural area quality that are permanently dedicated
						to conservation.
"Potential natural area reserve" means land or water
						areas within the protective subzone of the conservation district established
						pursuant to 183C, HRS, intact native natural communities identified by the
						heritage program pursuant to section
						195-2, HRS, and other
						lands or waters meeting criteria established by the natural areas reserves
						system pursuant to section
						195-2, HRS.
"Practice" means a management action that is eligible
						for program cost-share assistance.
"Program" means the forest stewardship program
						established in section
						195F-3,
						HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 1 - GENERAL PROVISIONS › Section 13-109-3 - Establishment and duties of the forest stewardship advisory committee

Current through June, 2024
(a) The chairperson shall establish a forest
					 stewardship advisory committee to advise and assist the division to plan,
					 coordinate, and implement the program. The chairperson shall appoint a
					 chairperson and members to the forest stewardship advisory committee. Members
					 shall be volunteers, serve part-time, and shall not be compensated for duties
					 performed.
(b) The forest
					 stewardship advisory committee shall perform the following duties:
(1) Review and recommend for approval to the
					 administrator, program proposal and management plans prior to board
					 submittal;
(2) Establish and
					 periodically review hold-down rates for each program practice; and
(3) Advise the department on other program
					 policies and guidelines.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 1 - GENERAL PROVISIONS › Section 13-109-4 - Applicant eligibility

Current through June, 2024
(a) In order to
					 qualify under this program, applicants shall be private individuals, joint
					 owners, private organizations, private associations, or corporations.
(b) Applicants are eligible to receive
					 program assistance if private forest is:
(1)
					 Managed by applying approved practices as defined by chapter
					 195F-5(b),
					 HRS.
(2) Managed so as not to
					 degrade native vegetation, as defined by section
					 195F-2, HRS., while
					 applicant is implementing approved management plan as set forth in section
					 195F-5,
					 HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 1 - GENERAL PROVISIONS › Section 13-109-5 - Applicant enrollment

Current through June, 2024
(a) Applicants
					 found eligible under section 13-109-4 shall follow these steps for program
					 enrollment:
(1) Applicants shall submit a
					 program proposal to the forest stewardship advisory committee for
					 consideration. The proposal shall describe the applicant's forest management
					 objectives, including proposed practices, and the nature of the forest
					 resources to be managed. The forest stewardship advisory committee shall
					 recommend for approval to the administrator, eligible proposals that adequately
					 address current program priorities. Program priorities include, but are not
					 limited to:
(A) Enhancement and protection of
					 key watershed areas in the public interest;
(B) Development or adaptation of new forestry
					 and conservation techniques for Hawaii;
(C) Provision for economic diversification
					 and rural employment;
(D)
					 Preservation or restoration of especially valuable natural resources, including
					 native plants, animals and ecosystems.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 2 - MANAGEMENT PLAN › Section 13-109-7 - Forest stewardship management plan

Current through June, 2024
(a) The forest
					 stewardship management plan shall include:
(1) Cover sheet. This page lists the
					 applicant's name and address; location of private property described in the
					 plan; the name, address, title, and phone number of the person completing the
					 plan; and the date the plan is completed.
(2) signature page. This page shall be signed
					 by the applicant, person preparing the plan, and by the administrator
					 certifying that the plan meets the criteria established for the
					 program.
(3) Stewardship plan
					 preface. This form, when checked off by the person writing the program
					 management plan, lists the natural resource values:
(A) Reforestation
(B) Soil and water quality;
(C) Agroforestry;
(D) Forest health;
(E) Archaeological or cultural
					 resources;
(F) Wildlife
					 enhancement;
(G) Threatened and
					 Endangered species; and
(H) Native
					 resources.
that the applicant has considered to qualify this
						program plan as a stewardship project.
(4) Introduction. This portion of the plan
					 briefly describes private property being dedicated to the program, current and
					 historic land uses, including any commercial uses, and a concise summary of the
					 applicant's specific forest management objectives.
(5) Land and resource description. This
					 portion describes the physical and ecological characteristics of the property
					 being dedicated to the program including existing vegetation, slope, elevation,
					 aspect, access, soil and watershed conditions, fish and wildlife habitats,
					 recreational and aesthetic values, historic or cultural resources, and
					 threatened and endangered species pursuant to chapter
					 195D, HRS.
(6) Recommended practices. This portion
					 describes one or more forest stewardship practices as recommended by the person
					 writing the applicant's program management plan as provided in section
					 13-109-6(a) (1)to(8).
(7) Practice
					 implementation schedule. This portion summarizes the annual practices and
					 estimates corresponding annual costs for the duration of the approved project
					 implementation period in a table format it shall outline the program practices,
					 approved program reimbursements, and the applicant's costs.
(8) Budget summary. This portion estimates
					 the annual total costs contributed by the program and applicant for the
					 duration of the approved project implementation period.
(9) Program map. A program map or topographic
					 map at one inch equals twenty-four thousand feet scale shall be attached to the
					 program management plan. The map shall delineate the area which the applicant
					 is dedicating to the program.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 3 - AGREEMENT WITH APPLICANT › Section 13-109-8 - Agreement and conditions

Current through June, 2024
(a) The division
					 shall develop, process, and administer an agreement with the applicant for
					 board approval that shall include:
(1) The
					 scope of work and time of performance to implement program practices;
(2) The applicant's compensation for
					 implementing approved program practices;
(3) Amendment procedures to the applicant's
					 management plan;
(4) Procedures to
					 inspect completed program practices;
(5) Applicant's program management plan;
					 and
(6) Other terms and conditions
					 as determined by the board. The agreement shall be for a minimum of ten
					 years.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 3 - AGREEMENT WITH APPLICANT › Section 13-109-9 - Reports

Current through June, 2024
(a) The applicant shall submit semiannual
					 progress reports every six months to the division for each year in which the
					 applicant receives program funding. The reports shall detail program
					 accomplishments, areas requiring technical advice, and any proposed
					 modifications to the program management plan and other conditions deemed
					 necessary by the board to implement the purposes of chapter
					 195F, HRS.
(b) Upon applicant's submittal of progress
					 reports and program practice invoices, the division shall inspect and approve
					 the work on private property after prior notice has been made to the applicant.
					 Upon approval, the division shall reimburse the applicant an amount up to fifty
					 per cent of the total actual cost to implement approved management practices
					 and based on the program budget in the agreement and as provided in section
					 13-109-8(d) (1) (A) to (D).
(c) In
					 the event that the applicant determines in good faith that it is unable to
					 fulfill its financial and program management obligations, the division may
					 renegotiate the terms of the agreement with the applicant. Terms of the
					 agreement shall include:
(1) Reestablishment
					 of management priorities;
(2)
					 Deferral or discontinuation of the specified work; or
(3) An extension of time to accomplish the
					 specified work.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 3 - AGREEMENT WITH APPLICANT › Section 13-109-10 - Penalty payback provisions

Current through June, 2024
(a) Failure by the
					 applicant to comply with the management plan and agreement terms may result in
					 the cancellation of the forest stewardship designation by the board.
(b) In the event that the applicant defaults
					 on the agreed terms between the board and applicant, the applicant shall
					 promptly pay the State the following payback and penalty moneys:
(1) If the applicant defaults in the first
					 three years following the initial date of the agreement, the applicant shall
					 pay back all matching funds to the State;
(2) If the applicant defaults after the first
					 three years following the initial date of the agreement, the applicant shall
					 pay back matching funds received for the immediately preceding three years to
					 the State; and
(3) A penalty
					 provision consisting of an interest payment as determined in the agreement
					 between the board and applicant shall be added to the refund due to the State.
					 Interest payment shall be calculated on an annual per cent of funds received by
					 the applicant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 1 - FORESTRY › Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP › Subchapter 3 - AGREEMENT WITH APPLICANT › Section 13-109-11 - Payback provision for commercial timber production

Current through June, 2024
If an applicant's primary management objective is
						commercial timber production, the board may require as a condition to receiving
						state matching funds a payback provision that a certain percentage of all
						matching state funds be paid back to the state upon each commercial timber
						harvest as set forth in the contract between the board and the applicant. A
						commercial timber harvest as used herein is defined as a certain minimum volume
						of timber removed per acre from a certain minimum acreage of the applicant's
						property as determined by the division or as set forth in the contract between
						the board and the applicant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  these rules is to prohibit the hunting of wildlife on all public lands or other
				  lands except as authorized by the board of land and natural resources or its
				  authorized representative.
(b)
				  These rules shall apply to all persons entering public lands as defined by
				  section
				  171-2,
				  Hawaii Revised Statutes, and any other lands as defined in section
				  13-121-2.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-2 - Definitions

Current through June, 2024
As used in these rules unless context requires
					 otherwise:
"Board" means the board of land and natural
					 resources.
"Public lands" means those lands defined by section
					 171-2,
					 Hawaii Revised Statutes.
"Public shooting range" means an area designated by the
					 board as a location where activities related to target archery and firearms
					 shooting may be conducted.
"Other lands" means any private, county, or federal lands,
					 or lands under the control or jurisdiction of other state departments which
					 have been accepted by and are now under the control and jurisdiction of the
					 board by cooperative agreement, surrender agreement, license, permit,
					 memorandum of understanding, or otherwise, with the owner or controlling
					 agency.
"Wildlife" means any non-domesticated species of mammal or
					 bird, whether reared in captivity or not, living in a wild state and includes
					 any part, product, egg, or offspring thereof, or the dead body or parts
					 thereof.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-3 - Hunting prohibited

Current through June, 2024
(a) It is
				  prohibited to hunt, take, kill, capture, or possess any wildlife at any time on
				  public lands and other lands under the control of the board except as
				  authorized by law, license, permit, or administrative rule of the
				  board.
(b) It is prohibited to
				  enter or remain on public lands and other lands under the control of the board
				  while carrying any firearm, including air or gas operated forms, bow and arrow,
				  or any other weapon, trap, snare, poison, or any device designed to capture,
				  take, or kill wildlife, except as authorized by law, license, permit, or
				  administrative rule of the board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-4 - Seizure of gear

Current through June, 2024
Any hunting gear or appliance used or possessed in
					 violation of this rule may be seized and forfeited pursuant to section
					 199-7,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-5 - Penalty

Current through June, 2024
Any person violating any of the provisions of these rules
					 shall be penalized accordingly as provided in sections
					 171-6.4,
					 171-31.6,
					 191-3, 191-6, 191-10, 191-13, 191-16, 191-21, 191-23, or
					 195D-9, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 121 - RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS › Section 13-121-6 - Public shooting ranges

Current through June, 2024
(a) The department
				  shall have the authority to negotiate and enter into agreements, concessions,
				  or leases with an individual, private business, concessionaire, nonprofit
				  entity or other public or private organization to manage and operate public
				  shooting ranges as may be authorized under Hawaii Revised Statutes, section
				  183D-28.
(b) The department or its designated
				  representative may set criteria for the use of public shooting ranges to
				  provide for hunting and shooting safety, education and training, public safety,
				  and public recreation.
(c)
				  Notwithstanding prohibitions established in chapters 13-122 and 13-123, Hawaii
				  Administrative Rules, when using a public shooting range, authorized firearms
				  or equipment may include all legally possessed and used firearms, hunting
				  equipment, and ammunition, except as prohibited under this section.
(d) The following activities are prohibited
				  within public shooting ranges unless authorized by the board or its authorized
				  representative:
(1) Hunting, including animal
				  control activities;
(2)
				  Camping;
(3) The use or possession
				  of alcohol;
(4) The use or
				  possession of any incendiary devices or any other explosive devices;
(5) The building of any fire on the ground or
				  in any structure; and
(6) The
				  introduction or accompaniment of any animals such as cats or other
				  pets.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 5 - FORESTRY AND WILDLIFE › Part 2 - WILDLIFE › Chapter 122 - RULES REGULATING GAME BIRD HUNTING, FIELD TRIALS, AND COMMERCIAL SHOOTING PRESERVES › Subchapter 1 - PUBLIC GAME BIRD HUNTING › Section 13-122-1 - Purpose

Current through June, 2024
The purpose of these rules is to regulate game bird
						hunting, field trials
,
and commercial shooting
						preserves.