Title 12, Conservation And Resources

§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 …

§195D-23 Incentives. (a) After approval of a habitat conservation plan or safe harbor agreement, or issuance of an incidental take license pursuant to this chapter, no agencies or departments of the State, in order to protect a threatened or endangered species, may impose any new…

§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 …

§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…

[§195D-26] Annual report; endangered species. The department, after consultation with the endangered species recovery committee, by December 31 of each year, shall prepare a report summarizing: The report and all information pertaining to incidental take licenses shall be availab…

[§195D-28] Relation of chapter to other laws. The rights and remedies in this chapter shall be cumulative and in addition to any and all rights and remedies that may exist under applicable state and federal laws. [L 1997, c 380, pt of §2]

[§195D-29] Release or establishment of endangered or threatened species outside its current range. The department may authorize the release or establishment of any population, including eggs, propagules, or individuals, of an endangered or threatened species outside its current o…

§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…

[§195D-30] Net gain in recovery of species. All habitat conservation plans, safe harbor agreements, incidental take licenses, and subsequent actions authorized under those plans, agreements, and licenses shall be designed to result in an overall net gain in the recovery of Hawaii…

§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…

[§195D-32] Citizen suits. (a) Except as provided in subsection (b), any person, acting as a private attorney general, may commence a civil suit on the person's behalf: (b) The circuit environmental courts shall have jurisdiction to enforce this section or to order the department …

§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…

[§195D-4.5] Taking a monk seal prohibited. (a) A person commits the offense of taking a monk seal if the person intentionally or knowingly takes a Hawaiian monk seal (Monachus schauinslandi). (b) Any person convicted of taking a monk seal shall be guilty of a class C felony; prov…

[§195D-4.7] Taking, harming, or killing a Hawaiian hawk; prohibited. Except as otherwise provided in section 183D-62, the intentional taking, harming, or killing of an `io, or Hawaiian hawk (Buteo solitarius), shall be subject to penalties under section 195D-9. [L 2025, c 98, §2]

§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 …

[§195D-5.1] Protection of Hawaii's unique flora and fauna. The department of land and natural resources shall initiate amendments to the conservation district boundaries consistent with section 205-4 in order to include high quality native forests and the habitat of rare native s…

[§195D-5.5] Products to support the environment. (a) There is established within the department a program to financially benefit the environment by the development of environmentally-themed products such as collectible stamps, credit cards, and coins to be commercially sold to th…

§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]

[§195D-6.5] Interim rulemaking. (a) The department, subject to the provisions of this section, may declare any indigenous species as endangered and establish, implement, and enforce interim rules governing the exportation from the State or the taking, possession, sale, offer for …

§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…

§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…

§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…