Chapter 195D — Chapter 195D
16 sections in this chapter.
HRS §195D-1 Findings and declaration of necessity
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[PART I. GENERAL PROVISIONS] §195D-1 Findings and declaration of necessity. Since the discovery and settlement of the Hawaiian Islands by humans, many species of aquatic life, wildlife, and land plants that occurred naturally only in Hawaii have become extinct and many are threat…
HRS §195D-10 Severability
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§195D-10 Severability. Should any section, subsection, sentence, clause, or phrase of this chapter, or any rule adopted pursuant thereto be for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion…
HRS §195D-2 Definitions
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§195D-2 Definitions. As used in this chapter: "Aquatic life" means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animals that inhabit the freshwater or marine environment, and includes any part, product, egg…
HRS §195D-21 Habitat conservation plans
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[PART II. RECOVERY] §195D-21 Habitat conservation plans. (a) The department may enter into a planning process with any landowner for the purpose of preparing and implementing a habitat conservation plan. An agreement may include multiple landowners. Applications to enter into a p…
HRS §195D-22 Safe harbor agreements
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§195D-22 Safe harbor agreements. (a) To encourage landowners to voluntarily engage in efforts that benefit endangered, threatened, proposed, and candidate species, except as otherwise provided by law, the board, upon approval by not less than two-thirds of the board's authorized …
HRS §195D-24 Confidentiality
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§195D-24 Confidentiality. All information submitted to the board by a landowner pursuant to section 195D-21 or 195D-22, in the course of preparing a habitat conservation plan or safe harbor agreement for private lands, respectively, shall be kept confidential until notice of the …
HRS §195D-25 Endangered species recovery committee
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§195D-25 Endangered species recovery committee. (a) There is established within the department for administrative purposes only, the endangered species recovery committee, which shall serve as a consultant to the board and the department on matters relating to endangered, threate…
HRS §195D-27 REPEALED
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§195D-27 REPEALED. L 2012, c 145, §1.
HRS §195D-3 Determination by the department relating to conservation of particular species
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§195D-3 Determination by the department relating to conservation of particular species. (a) The department is authorized to conduct investigations on any species of aquatic life, wildlife, and land plants in order to develop information relating to their biology, ecology, populat…
HRS §195D-31 Trust fund
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§195D-31 Trust fund. (a) There is established within the state treasury a trust fund to be known as the endangered species trust fund to be administered by the department to implement the purposes of this chapter. The fund shall consist of moneys from the following sources: (b) T…
HRS §195D-4 Endangered species and threatened species
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§195D-4 Endangered species and threatened species. (a) Any species of aquatic life, wildlife, or land plant that has been determined to be an endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under this chapter and any indigenou…
HRS §195D-5 Conservation programs
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§195D-5 Conservation programs. (a) The department shall conduct research on indigenous aquatic life, wildlife, and land plants, and on endangered species and their associated ecosystems, and shall utilize the land acquisition and other authority vested in the department to carry …
HRS §195D-6 Rules
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§195D-6 Rules. The department may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter. [L 1975, c 65, pt of §1; am L 1983, c 111, §7; am L 1997, c 380, §6]
HRS §195D-7 Enforcement
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§195D-7 Enforcement. (a) Any employee or agent of the department upon whom the board has conferred powers of police officers, including the power to serve and execute warrants and arrest offenders, or issue citations throughout the State, and any police officer of the counties of…
HRS §195D-8 Search and seizure
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§195D-8 Search and seizure. Any officer or agent authorized pursuant to section 195D-7 shall have the authority to conduct searches as provided by law and to seize any equipment, business records, merchandise, aquatic life, wildlife, or land plant taken, possessed, transported, s…
HRS §195D-9 Penalty
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§195D-9 Penalty. (a) Any person who violates any of the provisions of this chapter or the provisions of any rule adopted pursuant to this chapter shall be guilty of: (b) In addition to the above penalties, except for violations under approved habitat conservation plans under sect…