HRS div. 1, tit. 12, ch. 183D, pt. V — Wild Birds and Other Wildlife | Hawaii Revised Statutes (official capitol.hawaii.gov pages via Internet Archive captures, 2011-2026; partial) — Hawaii

HRS §183D-61 Permits to take wild birds, game birds, and game mammals

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

HRS §183D-62 Taking, injuring, or destroying wild birds prohibited

183D-62. Taking, injuring, or destroying wild birds prohibited Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to take, catch, injure, kill, or destroy, any wild bird, or to keep or have possession of any wild bird, dead or alive, or to damage or destroy a nest of any wild bird. [L 1985, c 174, pt of §4]

HRS §183D-63 Keeping wild birds in captivity prohibited

183D-63. Keeping wild birds in captivity prohibited Except as provided in section 183D-61, no person shall keep in captivity any wild bird unless the bird was lawfully imported into the State or was bred in captivity from birds lawfully imported. L 1985, c 174, pt of §4

HRS §183D-64 Transportation of wild birds from the State prohibited

183D-64. Transportation of wild birds from the State prohibited No person shall transport or cause to be transported by any means any wild bird from any part of the State; provided that specimens of wild birds required for scientific or educational purposes may be exported from the State only when authorized under permits issued by the department. [L 1985, c 174, pt of §4]

HRS §183D-65 Posting; destruction of predators

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

HRS §183D-66 Wildlife trafficking; prohibited

183D-66. Wildlife trafficking; prohibited (a) No person shall sell, offer to sell, purchase, trade, possess with intent to sell, or barter for any part or product from the following animal family, genus, or species: elephant (Elephantidae), rhinoceros (Rhinocerotidae), tiger (Panthera tigris), great ape (Hominoidea), hippopotamus (Hippopotamus amphibius), lion (Panthera leo), pangolin (Manis), cheetah (Acinonyx jubatus), jaguar (Panthera onca), or leopard (Panthera pardus). (b) Unless otherwise authorized by federal law including the Marine Mammal Protection Act, 16 United States Code, chapter 31, no person shall sell, offer to sell, purchase, trade, possess with intent to sell, or barter for any part or product from the following marine family, genus, or species: sea turtle (Chelonioidea), monk seal (Neomonachus), narwhal (Monodon monoceros), whale (Cetacea), or walrus (Odobenus rosmarus) insofar as the species, subspecies, or distinct population segment is listed: (1) On appendix I or II of the Convention on International Trade in Endangered Species; or (2) As endangered or threatened under the Endangered Species Act. (c) Unless otherwise authorized by federal law including the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. section 1851 et seq.) as amended, no person shall sell, offer to sell, purchase, trade, possess with intent to sell, or barter for any part or product from rays and sharks (Elasmobranchii) insofar as the species is listed: (1) On appendix I of the Convention on International Trade in Endangered Species; or (2) As endangered or threatened under the Endangered Species Act. (d) No person shall sell, offer to sell, purchase, trade, possess with intent to sell, or barter for any part or product from mammoth (Mammuthus), although the species is extinct. (e) To the extent permitted under federal law, none of the prohibitions set forth in this section shall apply if: (1) The covered animal species part or product is part of a bona fide antique; provided that: (A) The antique status of the part or product is established by the owner or seller thereof with historical documentation showing the antique to be not less than one hundred years old; (B) The covered animal species part or product is less than twenty per cent by volume of the antique; and (C) The covered animal species part or product is a fixed component or components of a larger manufactured item and is not, in its current form, the primary source of value of the item; (2) The distribution of the covered animal species part or product is: (A) For a bona fide educational or scientific purpose; or (B) To or from a museum; (3) The distribution of the covered animal species part or product is to a legal beneficiary of an estate, trust, or other inheritance; (4) The covered animal species part or product is less than twenty per cent by volume of a gun, knife, or musical instrument, including without limitation string instruments and bows, wind and percussion instruments, and pianos, if the owner or seller provides historical documentation showing the item was manufactured no later than 1975 and the covered animal species part or product is a fixed component or components of a larger manufactured item and is not, in its current form, the primary source of value of the item; (5) The sale, offer for sale, purchase, trade, possession with intent to sell, or barter of the covered animal species part or product is expressly authorized by federal law or permit; or (6) The activity is authorized under section 183D-6. (f) There is established a rebuttable presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling similar items. This rebuttable presumption shall not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent. (g) None of the prohibitions set forth in this section shall apply to traditional cultural practices expressly protected under article XII, section 7, of the state constitution. (h) For the purposes of this section, "covered animal species part or product" means any item that contains, or is wholly or partially made from, any covered animal species. (i) The department of land and natural resources may adopt rules pursuant to chapter 91, as needed, to further implement or enforce this section. [L 2016, c 125, §2; am L 2017, c 12, §9]