Title 12, Conservation And Resources

§189-45 Loans, terms, and restrictions. The department may make loans to individuals or businesses for the financing of expenses incurred in the purchase, construction, renovation, maintenance, and repair of small fishing vessels. The loans may be made in conjunction with loans m…

§189-46 Reports. The department shall make a report for the period ending December 31 of each year to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this part. The report shall be submitted not later than Feb…

§189-5 Aliens not admitted to United States. It is unlawful for any person who has not been lawfully admitted to the United States to engage in taking marine life for commercial purposes in the waters of the State. The term "United States" as used in this section, includes the se…

§189-6 Licenses for marine life from waters not within state jurisdiction. Any other provision of law to the contrary notwithstanding, wherever the possession or sale of marine life or products within the State is prohibited as for instance by a closed season, the prohibition sha…

§190-1 Conservation area; administration. All marine waters of the State are hereby constituted a marine life conservation area to be administered by the department of land and natural resources subject to this chapter and any other applicable laws not inconsistent herewith or wi…

[§190-1.5] 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 s…

§190-2 Establishment and modifications of conservation district. The department of land and natural resources may establish and from time to time modify the limits of one or more conservation districts in each county and may, if it deems necessary, declare all waters within any c…

§190-3 Rules. The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplement…

§190-4 Permits. The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or ot…

§190-4.5 Anchoring, boating, and mooring in marine life conservation districts; rules. (a) The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter. (b) Within it…

§190-5 Penalty. (a) Any person violating this chapter, any rule adopted pursuant thereto, or the terms and conditions of any permit issued under section 190-4, shall be guilty of a petty misdemeanor and punished as provided in subsections (b), (c), and (d). (b) The punishment, in…

PART I. SHORT TITLE; PURPOSE; DEFINITIONS [§190D-1] Short title. This chapter shall be known as the Hawaii Ocean and Submerged Lands Leasing Act. [L 1986, c 91, pt of §1]

PART II. CONSERVATION DISTRICTS §190D-11 Conservation district use application. (a) Any person desiring to lease state marine waters shall submit to the board an application for specific activities in any specific area or areas. Applications made pursuant to this chapter shall co…

§190D-2 Findings and purpose. Article XI of the constitution of the State of Hawaii relating to the conservation, control, and development of resources, provides in section 6 that the State shall have the power to manage and control the marine, seabed, and other resources located…

PART III. OCEAN LEASING GENERALLY; PROCEDURES; PROVISIONS §190D-21 Leasing of state marine waters and submerged lands for private uses. (a) The board may lease state marine waters for marine activities upon compliance with section 171-53 and with the concurrence of the director o…

§190D-22 Leasing procedure. (a) Any person who wants to obtain a lease for marine activities in state marine waters shall request a lease from the board at the time of filing an application. (b) Upon receipt of a completed application and authorization of a lease, the board shall…

§190D-23 Lease provisions. (a) Leases issued by the board shall be drawn up in accordance with the following requirements, in addition to any other requirements determined by the board: (b) The chairperson or chairperson's authorized agents shall have the authority to enter and i…

[§190D-24] Konohiki fishing rights. (a) The provisions of this chapter shall not abridge or alter in any way konohiki fishing rights recognized in chapter 187A, including the right to sublease private konohiki fishing grounds for marine activities. No lease shall be granted by th…

[§190D-25] Seabed mining; permits; prohibited. (a) Notwithstanding any law to the contrary, the mining, extraction, and removal of minerals from the seabed shall be prohibited in state marine waters. (b) No permit shall be issued for or in connection with the development or opera…

§190D-3 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Agency" means any federal, state, local, or foreign government or any entity of any such government. "Application" means a conservation district use application. "Board" means the board …

PART IV. ADMINISTRATION AND ENFORCEMENT [§190D-31] Enforcement. Enforcement of this chapter shall be in accordance with chapter 199. [L 1986, c 91, pt of §1]

§190D-32 Rules. The board may adopt such rules as are necessary and appropriate to carry out the purposes and provisions of this chapter. The adoption of these rules shall be in accordance with chapter 91. [L 1986, c 91, pt of §1; am L 1999, c 176, §§8, 11; am L 2002, c 203, §1]

§190D-33 Revenues. The revenues obtained from the leasing of state marine waters pursuant to this chapter shall be deposited into the special land and development fund to be used for planning, research, and development of the aquaculture industry; provided that the portion of rev…

§190D-34 Penalties. Any person who conducts any mariculture or OTEC activities prohibited by a lease granted by the board, or who conducts these activities in or upon state marine waters without having obtained the approval of the board, shall be fined not more than $10,000 for e…

[§190D-35] Civil liability. Any person who wilfully or recklessly damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board, or who wilfully or recklessly damages, disturbs, interferes with, takes, or possesses any improvements, a…

[§190D-36] Criminal liability. Any person who negligently or wilfully damages, disturbs, or interferes with any mariculture or OTEC activity which has been approved by the board or who negligently or wilfully damages, disturbs, interferes, takes, or possesses any improvements, as…

PART III. YOUTH EMPLOYMENT PROGRAM §193-21 Authorization. The governor is authorized to avail the State of the benefits of any law or laws of the United States, now existing or to be enacted, which will enable young persons to work for state, local, and private nonprofit agencies…

§193-22 Administration. To carry out the program authorized by this part, the governor may:

§193-23 Personnel laws; applicability. The provisions of chapters 76, 78, and 88 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and except provisions of state law relating to the application of the Social Security Act of the Uni…

PART IV. HAWAII YOUTH CONSERVATION CORPS [§193-31] Authorization. The governor is authorized to avail the State of the benefits of any law or laws of the United States, now existing or to be enacted, such as Title 16 United States Code, sections 1701 to 1706, or any other law or …

§193-32 Administration. To carry out the program authorized by this part, the governor may:

[§193-33] Personnel laws; applicability. The provisions of chapters 76 to 80, and 88, except provisions of state law relating to the application of the Social Security Act of the United States to the extent that the Act shall be applicable under the federal law establishing the y…

[§194-1 Definitions.] As used in this [chapter], unless the context requires otherwise: "Council" means the [invasive species council]. "Department" means any entity that is a member of the [invasive species council] established under section [194-2(a)]. [L 2003, c 85, §2; am L 2…

§194-2 [Establishment of council; duties.] (a) There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the cont…

[§194-3 Lead agencies; accountability.] A state department that is designated as a lead agency under section [194-2(a)(7)], with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that designated func…

[§194-4 Relation of chapter to other laws.] Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this [chapter], a department is authorized to examine, control, and eradicate all instan…

§194-5 [Entry; private property.] (a) Whenever any invasive species identified by the council for control or eradication is: regardless of whether the presence of the invasive species is due to natural dispersal from neighboring or nearby properties or to intentional establishmen…

[§194-6 Entry; public property.] (a) Whenever any invasive species is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the department or its agent, as the case may be, …

[§194-7 Rules.] The invasive species council may adopt rules pursuant to chapter 91, to effectuate this [chapter]. [L 2003, c 85, §8; am L 2004, c 10, §16; am L 2006, c 109, §2]

[§195-1] Findings and declaration of necessity. The legislature finds and declares that (1) the State of Hawaii possesses unique natural resources, such as geological and volcanological features and distinctive marine and terrestrial plants and animals, many of which occur nowher…

[§195-10] Alienation of natural area reserves. Natural area reserves shall be held in trust and shall not be alienated except to another public use upon a finding by the department of an imperative and unavoidable public necessity. [L 1987, c 350, pt of §1]

[§195-11] Reserves system management plan. The department, after consulting the most comprehensive up-to-date compilation of scientific data on the communities of the natural flora and fauna of Hawaii, shall prepare a comprehensive reserves system management plan based upon such …

[§195-12] Kaena point natural area reserve; vehicular access prohibited. (a) The use of any vehicle within or traversing the Kaena point natural area reserve is prohibited, except as provided in this section. Any violation of this section shall be subject to section 195-8. (b) Th…

§195-2 Definitions. As used in this chapter, unless otherwise indicated by the context: "Board" means the board of land and natural resources. "Commission" means the natural area reserves system commission. "Cooperating entity" or "cooperator" means a private nonprofit land-holdi…

[§195-3] Hawaii natural area reserves system. There shall be a Hawaii natural area reserves system, hereinafter called the "reserves system", which shall consist of areas in the State of Hawaii which are designated in the manner hereinafter provided as natural area reserves. The …

§195-4 Powers and duties of the department. (a) To preserve, manage, and protect the reserves system, the department is authorized, in addition to any other powers, to: (b) The department, with at least twenty days public notice, shall conduct one or more public hearings before t…