General Provisions

HRS div. 1, tit. 12, ch. 183D, pt. I

in effect

HRS §183D-1 Definitions

183D-1. Definitions As used in this chapter, unless the context indicates otherwise: "Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. "Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, and other parts thereof. "Board" means the board of land and natural resources. "Department" means the department of land and natural resources. "Feral deer" means a deer that has escaped or been released from domestication and is living in a wild and unconfined state. "Game" means birds and mammals designated by law or by rule for hunting. "Game birds" means birds designated by law or by rule for hunting. "Game mammals" means mammals designated by law or by rule for hunting. "Possess" means to place under direct physical control, restraint, or confinement. "Predators" means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. "Release" means to free an animal from effective confinement or restraint. "Take" means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. "Wild birds" means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds. "Wildlife" means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section. "Wild mammals" means mammals, other than game mammals, living in a wild and undomesticated state, and the young of those mammals. [L 1985, c 174, pt of §4; am L 1986, c 272, §1; am L 2001, c 177, §1; am L 2012, c 144, §3]

HRS §183D-2 Powers and duties of department

183D-2. Powers and duties of department The department shall: (1) Manage and administer the wildlife and wildlife resources of the State; (2) Enforce all laws relating to the protecting, taking, hunting, killing, propagating, or increasing the wildlife within the State and the waters subject to its jurisdiction; (3) Establish and maintain wildlife propagating facility or facilities; (4) Subject to the provisions of title 12, import wildlife for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction; (5) Distribute, free of charge, as the department deems to be in the public interest, game for the purpose of increasing the food supply of the State; provided that when in the discretion of the department the public interest will not be materially interfered with by so doing, the department may propagate and furnish wildlife to private parties, upon such reasonable terms, conditions, and prices as the department may determine; (6) Ascertain, compile, and disseminate, free of charge, information and advice as to the best methods of protecting, propagating, and distributing wildlife in the State and the waters subject to its jurisdiction; (7) Gather and compile information and statistics concerning the area, location, character, and increase and decrease of wildlife in the State; (8) Gather and compile information concerning wildlife recommended for release in different localities, including the care and propagation of wildlife for protective, productive, and aesthetic purposes and other useful information, which the department deems proper; (9) Have the power to manage and regulate all lands which may be set apart as game management areas, public hunting areas, and wildlife sanctuaries; (10) Pursuant to section 183D-65 of this chapter, destroy predators deemed harmful to wildlife; (11) Formulate, and from time to time recommend to the governor and legislature, such additional legislation necessary or desirable to implement the objectives of title 12; and (12) Preserve, protect, and promote public hunting. [L 1985, c 174, pt of §4; am L 1999, c 122, §2]

HRS §183D-3 Rules

183D-3. Rules Subject to chapter 91, the department shall adopt, amend, and repeal rules: (1) Concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department; (2) Protecting, conserving, monitoring, propagating, and harvesting wildlife; (3) Concerning size limits, bag limits, open and closed seasons, and specifications of hunting gear which may be used or possessed; and (4) Setting fees for activities permitted under this chapter, unless otherwise provided for by law. The rules may vary from county to county or in any part of the county and may specify certain days of the week or certain hours of the day in designating open seasons, except that any fees established by rule shall be the same for each county. All rules shall have the force and effect of law. [L 1985, c 174, pt of §4; am L 1988, c 12, §1]

HRS §183D-4 Game management areas, wildlife sanctuaries, public hunting areas

183D-4. Game management areas, wildlife sanctuaries, public hunting areas (a) For the purposes of preserving, protecting, conserving, and propagating wildlife, the department shall establish, maintain, manage, and operate game management areas, wildlife sanctuaries, and public hunting areas on land under its control and, as it deems desirable, enter into agreements for taking control of privately owned lands for those purposes. (b) For the purposes of this section: "Game management area" means an area so designated by either executive order, rule, cooperative agreement, or action of the board of land and natural resources that has been set aside for the primary purpose of managing, sustaining, and enhancing habitat and populations of game mammals and/or game birds, and providing public hunting and, secondarily, other compatible uses. "Public hunting area" means those lands designated by the board of land and natural resources as areas where the public may hunt game birds and mammals, including: (1) Game management areas; (2) Forest reserves and surrendered lands; (3) Natural area reserves; (4) Restricted watersheds; (5) Cooperative game management areas; (6) Military training areas; (7) Unencumbered state lands; (8) Designated sanctuaries; and (9) Other lands designated by the board. [L 1985, c 174, pt of §4; am L 1999, c 122, §1; am L 2001, c 118, §1]

HRS §183D-4.5 Game management advisory commission

183D-4.5. Game management advisory commission (a) There is established within the department a game management advisory commission, which shall serve in an advisory capacity to the board. The game management advisory commission shall consist of the following nine members: (1) One member from the county of Kauai; (2) Three members from the county of Maui, with one member from each of the islands of Maui, Lanai, and Molokai; (3) Two members from the county of Hawaii, with one member from east Hawaii and one member from west Hawaii; (4) One member from the city and county of Honolulu; (5) One at-large member; and (6) The chairperson of the board of land and natural resources or the chairperson's designated representative, who shall serve as an ex officio, voting member; provided that each member, other than the chairperson of the board, shall be appointed by the governor in the manner provided in section 26-34, shall be a hunter licensed in the State under this chapter, and shall have leadership experience in working directly with local hunter or shooting organizations; provided further that at least one member shall have knowledge, experience, and expertise in the area of native Hawaiian cultural practices; and provided further that no more than three members shall represent, be employed by, or be under contract to any sector of government. (b) The game management advisory commission shall select its own chairperson from among its members. The members shall receive no compensation for their services on the game management advisory commission but shall be entitled to reimbursement for necessary expenses, including travel expenses, while attending meetings and while in the discharge of their duties. (c) The game management advisory commission may recommend policies and criteria regarding the management, protection, and promotion of public hunting in Hawaii and may recommend amendments to existing department policies and procedures relating to hunting, particularly regarding this chapter and chapters 122, 123, and 124 of title 13, Hawaii Administrative Rules. (d) The game management advisory commission shall: (1) Consult and advise the board on any matter affecting hunting, including proposed rules and regulations; (2) Assist in the evaluation and development of game management plans as appropriate or required and any changes to those plans as necessary; (3) Assist in establishing criteria to be used in determining whether an area is suitable for hunting; (4) Advise on studies of areas for sustainable yield game production or enhancement; (5) Recommend to the board the areas that are suitable for game production or enhancement; (6) Recommend policies and criteria regarding the management, protection, and permitted uses of areas that are used for hunting; (7) Assist the department in developing ways and means to extend and strengthen game management areas, other designated hunting areas, and mixed-use areas within the State; (8) In carrying out its duties, consult the most comprehensive up-to-date compilation of scientific data; (9) Make recommendations relating to the process of hunting rules modification; (10) Collaborate with agencies and other persons who gather information and implement hunting programs and data; (11) Take testimony and acquire information as it desires and communicate its findings and recommendations to the board; and (12) Assist the department on policies, plans, and procedures related to the control of game mammals, including aerial shooting activities by the department and its contractors. (e) Any action taken by the game management advisory commission shall be validated by a simple majority of its members. Five members shall constitute a quorum. (f) All meetings of the game management advisory commission shall be conducted subject to chapter 92. (g) Except as otherwise provided in this chapter, the game management advisory commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36. (h) The department shall provide administrative support to the game management advisory commission. Federal moneys and other moneys that become available to the department may be used to offset administrative costs incurred by the department for purposes of this subsection. (i) The game management advisory commission shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2017, and each regular session thereafter, on its efforts to comply with this section, including a summary of its activities during the year preceding the regular session for which the report was prepared. (j) The game management advisory commission may adopt rules pursuant to chapter 91 to implement this section. [L 2016, c 210, §2; am L 2019, c 111, §3]

HRS §183D-5 Penalties

183D-5. Penalties (a) Any person violating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted under this chapter shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as follows: (1) For a first conviction, by a mandatory fine of not less than $100, or imprisonment of not more than thirty days, or both; (2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $500, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and (3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $1,000, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State. (b) Any person violating section 183D-66, 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows: (1) For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both and all animal parts, products, or items containing prohibited animal parts or products involved in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; (2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and (3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State. (c) Any person who violates section 183D-52 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows: (1) For a first conviction, by a mandatory fine of not less than $10,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both; (2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $15,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both; and (3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $25,000 and payment of any costs incurred in the eradication of any deer and the deer's progeny that has been possessed, transferred, transported, or released after transport, or by imprisonment of not more than one year, or both. (d) Any person who violates section 183D-35, 183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be fined not less than $100 or imprisoned not more than thirty days, or both. (e) In addition to any other penalty imposed under this section, a mandatory fine of $100 shall be levied for each bird illegally taken under this chapter and a mandatory fine of $500 shall be levied for each mammal illegally taken under this chapter. (f) Any person who is convicted of violating any of the game laws of the State shall immediately have the person's hunting license forfeited and any person convicted for a second offense shall not be granted a license to hunt for a period of three years after the date of the second conviction. (g) The environmental court, in lieu of the actual cash payment of any mandatory fine, may allow the defendant to perform the community service as directed by the department of land and natural resources at the rate of one hour of service for every $10 of mandatory fine imposed. (h) Any criminal action against a person for any violation of this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1985, c 174, pt of §4; am L 1996, c 50, §2 and c 152, §2; am L 1999, c 196, §1; am L 2012, c 144, §4; am L 2014, c 218, §8; am L 2016, c 125, §3; am L 2020, c 50, §1]

HRS §183D-6 Permits for taking wildlife for scientific, educational, or propagation purposes

183D-6. Permits for taking wildlife for scientific, educational, or propagation purposes (a) Notwithstanding the provisions of any other law, the department may take wildlife for scientific, educational, or propagation purposes, except as prohibited by chapter 195D. (b) Notwithstanding the provisions of any other law, the department may issue permits to any person to take wildlife in any part of the State, for scientific, educational, or propagation purposes, except as prohibited by chapter 195D and subject to the rules adopted by the department. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. (c) Any wildlife taken under the authority of the permit shall be accompanied by the permit while being taken or transported and shall be exempt from seizure while being transported or while in possession, in accordance with the permit. [L 1985, c 174, pt of §4]

HRS §183D-7 Expenditures

183D-7. Expenditures (a) The department may expend all appropriations made for the purpose of effectuating the objectives of title 12. The department may expend proceeds in the wildlife revolving fund, without appropriation or allotment as authorized under section 37-40, for the purposes specified under section 183D-10.5. All expenditures by the department shall be approved and certified by the board. (b) To further the purposes of title 12, the department may use lands set apart for its use by the governor, and may accept gifts and contributions of property or service or enter into contracts for the furtherance of the purposes of this chapter, from the State or from any county or other government or from private parties. [L 1985, c 174, pt of §4; am L 1988, c 67, §2]

HRS §183D-8 Cooperation with other governmental authorities

183D-8. Cooperation with other governmental authorities The department shall endeavor to secure the cooperation and assistance of and shall cooperate with the appropriate agency of the United States, or other governmental authorities having an interest in the subject matter of this chapter, in every way possible, for the promotion of the purposes of this chapter. More specifically the department may permit the appropriate agency of the United States to occupy any land or building and use any appliance, apparatus, or property held or controlled by the department, either independently or in conjunction with the department, upon such terms and conditions as the department and the agency may mutually agree. [L 1985, c 174, pt of §4]

HRS §183D-9 Federal aid in wildlife restoration

183D-9. Federal aid in wildlife restoration The State assents to the provisions of the Pittman-Robertson Federal Aid in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. §669), as amended. The department shall perform those acts as may be necessary to the conduct and establishment of cooperative wildlife restoration and management projects, as defined in the Act of Congress and in compliance with the Act and rules and regulations promulgated by the Secretary of the Interior thereunder; provided that federal aid funds granted under the Act shall be used for the purposes of approved projects, and no funds accruing to the State from license fees paid by hunters shall be diverted for any purpose other than as provided for in the Act and rules and regulations promulgated pursuant thereto. [L 1985, c 174, pt of §4]

HRS §183D-10.5 Wildlife revolving fund; establishment

183D-10.5. Wildlife revolving fund; establishment (a) There is established a wildlife revolving fund under the department of land and natural resources. (b) The following proceeds shall be retained by or transmitted to the department of land and natural resources for deposit into the wildlife revolving fund: (1) Moneys collected as fees for hunting licenses, attendance of hunter education training programs, and use of public target ranges; (2) Moneys collected under the provision of any law relating to the importation, taking, catching, or killing of game, wildlife, and products thereof; (3) Moneys, other than informers' fees authorized under section 183D-11, collected as fines or bail forfeitures for violation of this chapter or any provision of chapter 195D concerning wildlife conservation; and (4) Moneys collected from the sale of: (A) Any article, in addition to a hunting license, which a person is required to purchase from the department in order to hunt, when the requirement is established by law or rule; and (B) Any work of art upon which the article under subparagraph (A) is based. (c) Expenditures from the wildlife revolving fund shall be limited to the following: (1) For programs and activities to implement or enforce this chapter, including the provision of state funds to match federal aid grants under the Pittman-Robertson Federal Aid in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. §669), as amended, for projects concerning wildlife; (2) For programs and activities to implement or enforce chapter 195D concerning wildlife conservation; (3) For acquisition of the use, development, or maintenance of trails and accessways into or through forest reserves, natural area reserves, game management areas, wildlife sanctuaries, public hunting areas, private and commercial shooting preserves, or private lands where hunting or hiking by the public is authorized; and (4) For research programs and activities concerning wildlife conservation and management. Research programs and activities funded under this paragraph may be conducted by personnel of the department or through grants-in-aid to or contracts with the University of Hawaii or other qualified persons. (d) The proceeds of the wildlife revolving fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or other instruments of indebtedness. (e) In addition to subsections (c) and (f), the department may use moneys in the wildlife revolving fund for the importation into, and the management, preservation, propagation, and protection of, game or wildlife in the State; provided that the department prior to authorizing expenditures or expending funds from the wildlife revolving fund shall first use those funds to maximize the State's participation to secure federal funds under the Pittman-Robertson Federal Aid in Wildlife Restoration Act, as amended. (f) Nothing in this section shall be construed as prohibiting the funding with general funds or other funds of programs and activities to implement or enforce this chapter or chapter 195D concerning wildlife conservation. (g) The department shall prepare and submit an annual report on the status of the wildlife revolving fund to the legislature no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to: (1) The source and application of moneys deposited into the fund, including a description of the criteria and process used to determine funding priorities; (2) A description of programs and activities supported by the fund; (3) A summary of program highlights and accomplishments; and (4) A description of future program plans, including specific goals and objectives. [L 1988, c 67, §1; am L 1990, c 83, §1; am L 1991, c 290, §1]

HRS §183D-11 Informer's fee

183D-11. Informer's fee One-half of the fine imposed and collected in all cases where the defendant has been convicted for a violation of any of the provisions of this chapter or chapter 195D shall be paid to the person giving the information leading to the arrest of the person so convicted; provided that this section shall not apply, if the informer is a regular salaried sheriff, deputy sheriff, police officer, warden or constable, or officer or agent of the department. [L 1985, c 174, pt of §4; am L 1987, c 283, §17; am L 1989, c 211, §10; am L 1990, c 281, §11]

HRS §183D-12 General administrative penalties

183D-12. General administrative penalties (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative costs of the department or payment for damages or for the cost to correct damages resulting from a violation of subtitle 4 of title 12 or any rule adopted thereunder. The administrative fines shall be as follows: (1) For a first violation, by a fine of not more than $10,000; (2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and (3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000. (b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of wildlife taken, killed, injured, or damaged in violation of subtitle 4 of title 12 or any rule adopted thereunder. (c) Any criminal action against a person for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 1996, c 152, §1]

HRS §183D-13 Interstate wildlife violator compact

183D-13. Interstate wildlife violator compact (a) The department may enter into the interstate wildlife violator compact or similar agreement, whether in the form of a memorandum of understanding, written agreement, or mutual aid compact, with an appropriate state, federal, or foreign entity for mutual assistance in the enforcement of hunting, fishing, and other wildlife laws, rules, or regulations in their respective jurisdictions. (b) The department may adopt rules pursuant to chapter 91 necessary to implement this section. [L 2021, c 142, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0183D/HRS_0183D-.htmFetched: 11/10/2026