Title 12, Conservation And Resources

§185-5 Rates of pay for firefighting. Persons summoned by the administrator or a manager or by anyone authorized by the administrator or a manager for controlling or extinguishing a fire, within the meaning of this chapter, and who are eligible for compensation under this chapter…

§185-6 Insurance protection. All persons who have performed services required under this chapter, which services are made compensable under the terms of this chapter, shall, in case of injury or death arising out of and in the performance of the functions pursuant to this chapter…

§185-7 Fire danger periods, burning permits, setting fires, penalties. (a) During periods of weather when the threat of fire is particularly dangerous within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves in any branch, the manage…

§185-8 Government agencies to assist. All agencies of the State or its political subdivisions shall assist in extinguishing any fire when duly summoned by the administrator or any manager. [L 1953, c 100, §11; RL 1955, §19-59; HRS §185-9; ren and am L 1974, c 64, pt of §1; am L 1…

§185-9 Obstructing the administrator or managers; penalty. Any person who obstructs or interferes with or prevents the administrator or any manager or any person in the performance of any duty authorized by this chapter shall be fined not less than $500 nor more than $2,000. [L 1…

§186-1 Definitions. When used herein: "Board" means the board of land and natural resources. "Department" means the department of land and natural resources. "Owner" shall include any person leasing the real property of another under a lease having a stated term of not less than …

§186-11 Additional lands. An owner of land 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 the original agreement. [L 1963, c 141, §12; Supp, §87D-12; HRS §186-11; am L 1989, c 50, §6]

§186-2 Eligibility. (a) Any property of not less than ten acres: is eligible for classification as tree farm property if it is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof. (b) Prope…

§186-3 Applications; management plans. (a) The owner of any property which complies with the requirements specified in section 186-2 may apply to the board for classification of the owner's property as tree farm property. The application shall comply with rules adopted by the dep…

§186-4 Classification; rules. (a) If the board finds that the property identified in the application is suited for the raising of commercial tree species and other forest products in quantity sufficient to establish a business in the sale thereof, and that the use will not have a…

§186-5 Agreement with owner. Upon classification, the board shall be responsible for preparing, executing, and administering an agreement with the applicant and others having an interest in or encumbrance upon the tree farm property. The agreement shall be for a period of not les…

[§186-5.5] Right to harvest. (a) The owner of land shall have the right to harvest new trees generated according to a management plan approved by the department on lands within the agricultural district as provided by section 186-2(a)(1), or on degraded forest and pasture lands w…

§186-6 Development and maintenance of tree farm property. The applicant shall implement the tree farm management plan according to the schedule set forth in the plan. If the board determines that a satisfactory crop has not been established within the schedule set forth in the ma…

PART I. GENERAL PROVISIONS §187A-1 Definitions. As used in this subtitle, 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 pu…

[§187A-1.5] State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial …

[§187A-1.6] Applicability of statutes and rules. This subtitle and any rules under this subtitle relating to fishing which are applicable to state marine waters shall also apply to the following persons in waters outside state marine waters but within the federal conservation zon…

§187A-10 Agents to sell licenses. (a) The department may designate agents to sell fishing licenses in accordance with this section. Agents shall report all sales of licenses to the department monthly and not later than the fifteenth day of the month following the month covered by…

§187A-12 University of Hawaii may use land, etc. The University of Hawaii shall have the privilege, free of charge, of using the land, buildings, apparatus, and appliances of the department for the purposes of a biological laboratory and for research and investigation in connecti…

[§187A-12.4 Misrepresentation or false statement in receipts and reports.] Any person who knowingly misrepresents any material fact or makes a false statement in any document required by subtitle 5 of title 12, or any rule adopted thereunder, shall be guilty of a petty misdemeano…

§187A-12.5 General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover admin…

§187A-13 General penalty; community service. (a) Any person violating this chapter or any rule adopted thereunder for which a penalty is not otherwise provided, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than: (b) A fin…

§187A-14 Informer's fee. One-half of the fine imposed and collected in all cases wherein the defendant has been convicted for a violation of subtitle 5 of title 12 or any rule adopted thereunder shall be paid to the person giving the information leading to the arrest of the perso…

§187A-15 Rights of inspection of catch. Any agent of the department upon whom the board has conferred powers of police officers or any other enforcement officer of the State shall have the authority to conduct examinations and searches of: if such agent or officer has probable ca…

§187A-2 Powers and duties of department. The department shall:

PART II. FISHING RIGHTS §187A-21 Public fishing grounds. Except as otherwise provided by law, all fishing grounds appertaining to any government land or otherwise belonging to the government, except ponds, shall be and are forever granted to the people, for the free and equal use…

§187A-22 Use of adjoining lands. No person who has bought any government land, or obtains the land by lease or other title, has or shall have greater right than any other person over any fishing ground not included in the title, although adjacent to the land. [L 1985, c 94, pt of…

§187A-23 Konohiki rights. (a) The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the konohiki, whose lands by ancient regu…

[§187A-3.5] Aquaculturist license and license to sell prohibited aquatic life. (a) Notwithstanding the provisions in subtitle 5 of title 12, or administrative rules adopted thereunder, the department may issue to any qualified aquaculturist a license to fish, possess, rear, and s…

[PART III.] ALIEN AQUATIC ORGANISMS [§187A-31] Definitions. For the purposes of this part, "high risk vessel" includes fishing and recreational vessels and floating structures, such as barges, dry docks, drilling rigs, and cranes, which have spent extended periods of time tied up…

[§187A-32] Alien aquatic organisms; lead agency; rules. (a) The department is designated as the lead state agency for preventing the introduction and carrying out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organi…

§187A-4 Administrator. The board shall appoint an administrator of aquatic resources who shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development activities under this title, and such other matters as the boa…

PART IV. Aquatic mitigation banking and aquatic in-lieu fee mitigation §187A-41 Aquatic mitigation banking and aquatic in-lieu fee mitigation. The department may establish and operate aquatic mitigation banks and aquatic in-lieu fee mitigation programs for the purpose of restorin…

[§187A-42] Rules. The department may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 2016, c 211, pt of §2]

§187A-5 Rules. (a) Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the protection and propagation of introduced and transplanted aquatic life or the conservation and allocation of the natural supply of aquatic life in any area. The ru…

[§187A-5.5] Consistency of state and federal fisheries regulations. (a) The department shall adopt administrative rules pursuant to chapter 91 for fisheries located in both state and federal waters, that are equivalent to and consistent with federal fisheries regulations for the …

[PART V.] OCEAN STEWARDSHIP [§187A-51] Ocean stewardship special fund. [Section repealed on January 1, 2031. L 2024, c 214, §2.] (a) There is established in the treasury of the State the ocean stewardship special fund to be administered by the department. (b) The following shall …

§187A-52 Ocean stewardship user fee. (a) All persons required to obtain a permit from the department to engage in commercial activity pursuant to sections 200-4, 200-10, 200-24, and 200-37, or any rules adopted thereunder, shall collect an ocean stewardship user fee from each pas…

§187A-6 Special activity permits. (a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the…

§187A-6.5 Release and confiscation of harmful aquatic life. (a) No person shall release any live non-native fish or other live non-native aquatic life being held in an aquarium or other confinement for scientific study, exhibition, display, sale, or for any other purpose, into an…

§187A-7 Expenditures. (a) The department may expend all appropriations made for the purpose of effectuating the objects of title 12. (b) To further the purposes of title 12, the department may: (c) All expenditures by the department shall be approved and certified by the board. […

§187A-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 ti…

§187A-9 Federal aid in sport fish restoration. The State hereby assents to the provisions of the Federal Aid in Sport Fish Restoration (Dingell-Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 U.S.C. §777), as amended. The department shall perform those acts as may be necessary to th…

§187A-9.5 Sport fish special fund. (a) There is established in the department a sport fish special fund. (b) The following proceeds shall be retained by or transmitted to the department for deposit into the sport fish special fund: (c) Expenditures from the sport fish special fun…

[§188-22.5] State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority, including the United States territorial …

[§188-22.6] Designation of community-based subsistence fishing area. (a) The department of land and natural resources may designate community-based subsistence fishing areas and carry out fishery management strategies for such areas, through administrative rules adopted pursuant …

[§188-22.7] Miloli`i fisheries management area. The Miloli`i fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community-based subsistence fishing area, as provided in section 188-22.6. The dep…