Title 1, General Provisions

[§5-12] State marine mammal. The humpback whale is established and designated as the official marine mammal of the State, to be effective so long as the legislature of the State does not otherwise provide. [L 1979, c 110, §1]

[§5-12.2] State land mammal. The ōpe`ape`a, otherwise known as the Hawaiian hoary bat (Lasiurus cinereus semotus), is established and designated as the official land mammal of the State. [L 2015, c 13, §2]

[§5-12.5] State mammal. The Hawaiian monk seal (Monachus schauinslandi) is established and designated as the official mammal of the State. [L 2008, c 72, §2]

[§5-13.5] State individual sport. Surfing is adopted, established, and designated as the official individual sport of the State. [L 1998, c 174, §2]

[§5-14] State team sport. Outrigger canoe paddling is adopted, established, and designated as the official team sport of the State, to be effective for as long as the legislature of the State does not otherwise provide. [L 1986, c 219, §2]

[§5-15] State gem. The black coral is established and designated as the official gem of the State. [L 1987, c 9, §1]

[§5-15.5] State plant. Kalo (Colocasia esculenta (L.) Schott), the Hawaiian word for taro, is adopted, established, and designated as the official plant of the State. [L 2007, c 36, §2; am L 2008, c 71, §1]

[§5-15.7] State limu. Limu kala (Sargassum echinocarpum), the Hawaiian word for the water plant endemic to Hawaii, is adopted, established, and designated as the official limu of the State. [L 2023, c 230, §2]

§5-16 State flower and individual island flowers. The native yellow hibiscus (Hibiscus brackenridgei A. Gray), also known as the Pua Aloalo or Ma`o-hau-hele, is established and designated as the official flower of the State. The `ōhi`a lehua (metrosideros macropus M. collina), al…

[§5-16.5] Official island colors. The color red is established and designated as the official color of the island of Hawai`i. The color pink is established and designated as the official color of the island of Maui. The color golden yellow is established and designated as the off…

[§5-17] State bird. The nene (Branta sandwicensis), also known as the Hawaiian goose, is established and designated as the official bird of the State. [L 1988, c 178, §1]

[§5-18] State flag. As used in this [chapter], unless the context otherwise requires: "Flag" means any flag, standard, color, ensign, or any picture or representation of either made of any substance or represented on any substance, and of any size, evidently purporting to be, eit…

[§5-18.5] POW/MIA (prisoner of war/missing in action) flag; recognition; use. (a) The State recognizes the National League of Families' POW/MIA (prisoner of war/missing in action) flag that was recognized by the United States Congress through P. L. 101-355 on August 10, 1990. (b)…

[§5-19] Description of the Hawaiian flag. The official description of the Hawaiian flag as authorized to represent the State of Hawaii on land and sea, and authorized for executive state agencies, second to the stars and stripes of the United States shall be: When the Hawaiian fl…

[§5-20] Public display of Hawaiian flag; position. On every occasion of public display of the Hawaiian flag, within the State of Hawaii, it shall occupy the position of honor when displayed in company with the flags of other states, nations or international organizations; provide…

[§5-21] State dance. Hula is adopted, established, and designated as the official dance of the State. [L 1999, c 83, §2]

§5-22 Hawaii medal of honor. (a) The Hawaii medal of honor may be awarded on behalf of the people of the State of Hawaii to an individual who has been killed in action while: (b) A recipient of the Hawaii medal of honor may have the recipient's name entered on the Hawaii medal of…

[§5-23] State gesture. The shaka is adopted, established, and designated as the official gesture of the State. For the purposes of this section, the shaka generally consists of extending the thumb and smallest finger while holding the three middle fingers curled, and gesturing in…

§5-5 State seal, description. The great seal of the State shall be circular in shape, two and three-quarters inches in diameter, and of the design being described, with the tinctures added as a basis for the coat of arms as follows: Arms. An heraldic shield which is quarterly; fi…

§5-6 Seal; commercial use. Whoever uses any representation of the great seal or the coat of arms of the State in any advertisement or for any commercial purpose or in any manner likely to give the impression of official State approval shall be guilty of a misdemeanor. The precedi…

§5-6.5 State language. (a) The Hawaiian language is the native language of Hawaii and may be used on all emblems and symbols representative of the State and its departments, agencies, and political subdivisions. (b) The governor, lieutenant governor, state legislators, and heads …

§5-7 State popular name. The name "The Aloha State" is adopted, established, and designated as the official "popular" name for the State, to be effective so long as the legislature of the State does not otherwise provide. [L 1959, JR 1, §1; Supp, §14-5.1; HRS §5-7]

[§5-7.5] "Aloha Spirit". (a) "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha", the following unuhi lau…

[§5-7.6] Aloha order of merit. (a) There is established the Aloha order of merit, within the office of the governor for administrative purposes, to honor individuals selected under this section. Individuals conferred the lifetime title of "member of the Aloha order of merit" shal…

§5-7.7 Aloha order of merit location. There shall be set aside within the Daniel K. Inouye International Airport an area to exhibit commemorative displays honoring members of the order. The displays may include likenesses of members and descriptions of the meritorious achievement…

§5-8 State tree. The kukui tree, also known as the candlenut tree (Aleurites Moluccana), is adopted, established, and designated as the official tree of the State, to be effective so long as the legislature of the State does not otherwise provide. [L 1959, JR 3, §1; Supp, §14-5.2…

[§5-8.5] State endemic tree. `Ōhi`a lehua (Metrosideros polymorpha) is adopted, established, and designated as the official endemic tree of the State. [L 2022, c 25, §2]

§5-9 State motto. The motto "Ua mau ke ea o ka aina i ka pono", is adopted, established, and designated as the official motto of the State. It is translated into English to mean "The life of the land is perpetuated in righteousness". [L 1959, JR 4, §1; Supp, §14-5.3; HRS §5-9; am…

[§6D-1] Definitions. As used in this chapter: "Board" means the board of land and natural resources. "Cave" means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within …

[§6D-10] Confidentiality. (a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall …

[§6D-11] General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may: (b) Administ…

[§6D-12] Criminal penalties. (a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be …

[§6D-13] Penalties cumulative. (a) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that…

[§6D-2] Prohibitions. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave…

[§6D-3] Pollution. (a) It shall be unlawful for any person to store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave or cave entrance; provided that: (b) It shall be unlawful to intentionally, knowingly, or r…

[§6D-4] Disturbance of native organisms. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate …

[§6D-5] Sale. It shall be unlawful for any person to sell or offer for sale speleothems and speleogens removed from caves. [L 2002, c 241, pt of §2]

[§6D-6] Commercial entry. (a) Any person allowing or establishing commercial entry to a cave shall obtain from the board a permit to open the cave for public entry. The department shall charge a reasonable permit processing fee and adopt rules pursuant to chapter 91 necessary to …

[§6D-7] Access. No person may enter or traverse a cave, or any segment thereof, without the property owner's prior written consent. [L 2002, c 241, pt of §2]

[§6D-8] Burial discovery. Anyone traversing a cave who discovers a burial site shall immediately cease their activity and leave the cave. The discovery shall be reported as soon as possible to the department. The department shall follow the procedures described in section 6E-43.6…

[§6D-9] Liability. (a) An owner of a cave who either directly or indirectly invites or permits without charge any person to use the cave for educational, native Hawaiian cultural, or scientific purposes does not: (b) Nothing in this section shall be construed to: (c) Nothing in t…

PART I. HISTORIC PRESERVATION PROGRAM [§6E-1] Declaration of intent. The Constitution of the State of Hawaii recognizes the value of conserving and developing the historic and cultural property within the State for the public good. The legislature declares that the historic and c…

§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowne…

[§6E-10.5] Enforcement. (a) If the board of land and natural resources determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the board shall serve written notice by certified mail or personal service upon the alleged v…

§6E-11 Civil and administrative violations. (a) It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon the private lands of any owner thereof without the own…

§6E-11.5 Civil penalties. Except as provided in section 6E-11, any person who violates this chapter, or any rule adopted pursuant to this chapter shall be fined not less than $500 nor more than $20,000 for each separate violation. Each day of each violation constitutes a separate…

[§6E-11.6] Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the board may impose by order the penalties specified in section 6E-11.5. (b) Factors to be considered in im…

§6E-12 Reproductions, forgeries, and illegal sales. (a) It shall be unlawful to reproduce, retouch, rework, or forge any historic object and to represent it or offer it for trade or sale as an original and genuine object. It shall be unlawful for any person to offer for sale or e…

§6E-13 Injunctive relief. (a) In addition to, and without limiting the other powers of the attorney general and without altering or waiving any criminal penalty, civil, or administrative provisions of this chapter, the attorney general shall have the power to bring an action in t…

[§6E-14] Preservation activities by political subdivisions. The political subdivisions of this State may engage in a comprehensive program of historic preservation, to promote the use and conservation of historic properties for the education, pleasure, and enrichment of the citiz…