Bill Text: HI HB1231 | 2015 | Regular Session | Introduced

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Bill Title: Wildlife; Wanton Waste; Penalties; DLNR; Notice

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-02-02 - Referred to WAL, JUD, referral sheet 6 [HB1231 Detail]

Download: Hawaii-2015-HB1231-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1231
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to wildlife.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the maintenance of sustainable public hunting opportunities for subsistence and recreational purposes is of critical importance to the State and its people.  Game animals are food resources to many families in the State and should be recognized and protected for the value they provide.

     Accordingly, the purpose of this Act is to:

     (1)  Prohibit the wanton waste of wildlife and establish penalties for commission of the offense; and

     (2)  Require the department of land and natural resources to provide public notice prior to authorizing the eradication or culling of wildlife.

     SECTION 2.  Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183D-     Wanton waste of wildlife.  (a)  Except as otherwise provided by law, no person shall:

     (1)  Hunt or take, or solicit another person to hunt or take, wildlife and detach or remove only the head, hide, claws, teeth, antlers, horns, internal organs, or feathers with the intent to abandon the carcass or body;

     (2)  Intentionally abandon the carcass or body of taken wildlife; or

     (3)  Take and intentionally abandon wildlife.

     (b)  Subsection (a) shall not apply to any person:

     (1)  Authorized by the department to eradicate or cull wildlife;

     (2)  Authorized by a state agency to eradicate or cull wildlife pursuant to rules adopted by the agency in accordance with chapter 91; or

     (3)  Required to eradicate or cull wildlife pursuant to court order,

if retrieval of the wounded or dead wildlife is determined to be unsafe.

     (c)  Not less than two weeks prior to authorizing any person to eradicate or cull wildlife, the department shall provide public notice:

     (1)  Of the date, time, and location of the eradication or culling; and

     (2)  That the wildlife killed during the eradication or culling will be retrieved and made available to the public, except as provided in subsection (b).

The department shall issue the notice in accordance with section 1-28.5 and publish the notice on its website.

     (d)  Any person violating subsection (a), in addition to penalties established under section 183D-5, shall be punished as follows:

     (1)  For a first or second conviction, by revocation and denial of the person's hunting license for not less than one year, at the discretion of the sentencing court; and

     (2)  For a third conviction, by permanent revocation and denial of the person's hunting license."

     SECTION 3.  Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person violating section 183D-  (a), 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows:

     (1)  For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both;

     (2)  For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and

     (3)  For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Wildlife; Wanton Waste; Penalties; DLNR; Notice

 

Description:

Prohibits wanton waste of wildlife and establishes penalties for commission of the offense.  Provides exemptions from the offense for certain persons eradicating or culling wildlife if retrieval of the dead or injured wildlife is unsafe.  Requires DLNR to provide public notice prior to authorizing the eradication or culling of wildlife.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.