Title 12, Conservation And Resources

§195-7 Powers and duties. The commission shall:

§195-8 Penalty. (a) Any person who violates any of the laws and rules applicable to the reserves system, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not less than $1,000 or imprisoned not more than one year, or both, for each offense. (b) Except a…

§195-9 Natural area reserve fund; heritage program; established. (a) There is hereby established in the state treasury a special fund known as the natural area reserve fund to implement the purposes of this chapter, including the identification, establishment, and management of n…

[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…

§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…

§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…

[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…

§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…

§195F-1 Findings and purpose. The legislature finds that: The purpose of this chapter is to establish a program to financially assist landowners in managing, protecting, and restoring important natural resources in Hawaii's forested and formerly forested lands. [L 1991, c 327, pt…

§195F-2 Definitions. As used in this chapter: "Board" means the board of land and natural resources. "Department" means the department of land and natural resources. "Fund" means the forest stewardship fund as established by section 195F-4. "Landowner" means any person having an …

§195F-3 Establishment of the forest stewardship program. (a) There is established a forest stewardship program to be administered by the board to assist landowners of privately managed forest lands to manage, protect, and restore important watersheds, native vegetation, forest re…

§195F-4 Forest stewardship fund. (a) There is established a special fund within the state treasury known as the forest stewardship fund which shall be used as follows: (b) The fund shall consist of moneys received from any public or private sources. The fund shall be held separat…

§195F-5 Forest stewardship management plans; approved activities. (a) To participate in the forest stewardship program, the applicant landowner shall prepare and submit a forest stewardship management plan that shall: (b) The board and other cooperating natural resource managemen…

§195F-6 Qualifications and conditions. (a) Payments from the forest stewardship fund shall not exceed: Total payments to any one landowner shall be determined by the board, and the reasonable value of material, goods, and services contributed toward the management plan by the lan…

[§195F-7] Penalty payback provisions. The board shall establish and implement a penalty payback provision to be applied in the event that a landowner terminates any approved practice required under the forest stewardship management plan, as agreed to by the board and the landowne…

[§195F-8] Rules. The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter. [L 1991, c 327, pt of §2]

[§195H-1] Findings and purpose. The legislature finds that Mauna Kea serves as an important cultural and genealogical site to the people of Hawaii, particularly to Native Hawaiians. The summit region of Mauna Kea is a spiritual and special place of significance that is home to cu…

[§195H-10] Annual report. The authority shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2024. Each annual report shall include:

[§195H-11] Access and use; restrictions; orientation; entryway. (a) The authority may limit commercial use and activities of the Mauna Kea lands and may adopt rules pursuant to chapter 91 to designate areas for permissible use. (b) The authority may require an application for all…

[§195H-12] Lease provisions; generally. Each lease issued by the authority shall contain the following provisions:

[§195H-13] Rules. (a) In addition to any other rulemaking powers authorized under this chapter, the authority may adopt rules pursuant to chapter 91 on the management, stewardship, oversight, and protection of Mauna Kea lands and cultural resources. The rules adopted under this s…

[§195H-14] Contested cases. (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any conteste…

[§195H-15] Mauna Kea management special fund. (a) There is established the Mauna Kea management special fund into which shall be deposited: (b) Proceeds from the special fund shall be used for administration, capital improvement projects, and other purposes pursuant to this chapt…

[§195H-16] Issuance of bonds. The director of finance, from time to time, may issue general obligation bonds pursuant to chapter 39 in amounts authorized by the legislature for the purposes of this chapter. [L 2022, c 255, pt of §2]

[§195H-2] Definitions. As used in this chapter, unless the context otherwise requires: "Authority" means the Mauna Kea stewardship and oversight authority. "Chairperson" means the chairperson of the authority. "Lease" means the contractual right to possess and use a specified por…