Bill Text: HI SB3251 | 2022 | Regular Session | Amended
Bill Title: Relating To Hunting Guides.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Engrossed - Dead) 2022-03-30 - The committee(s) on JHA recommend(s) that the measure be deferred. [SB3251 Detail]
Download: Hawaii-2022-SB3251-Amended.html
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THE SENATE |
S.B. NO. |
3251 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO HUNTING GUIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that guided hunting tours help manage game populations, provide a living wage for the hunting guides, and help drive Hawaii's economy. As the popularity of guided hunting tours have increased, some hunting guides have guided their clients to hunt on private lands without the permission of landowners. At times, alarmed landowners have witnessed unknown persons walking on their land with guns or other weapons.
The purpose of this Act is to require:
(1) Hunting guides to obtain written permission from private landowners or other appropriate persons before hunting on private lands; and
(2) Hunting guides to file the written permission with the department of land and natural resources' division of forestry and wildlife, as part of the hunting guide licensing process.
SECTION 2. Section 183D-25.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§183D-25.5[]] Hunting guides; licensing and reporting
requirements. (a) No person shall engage in the business of
soliciting and guiding clients for the purpose of taking any game bird or
mammal without first procuring a hunting guide license.
(b) A hunting guide license shall be issued to any person who possesses a valid state hunting license and registers with the department; provided that hunting guides shall provide service only to clients with a current state hunting license, unless the client is otherwise exempted by the department.
(c) Hunting guides shall provide an annual report
to the department of their guide activities that shall include [the]:
(1) The number
of clients served [and the clients'];
(2) The
residency status[.] of each client;
(3) The location of
each guided hunt;
(4) For each guided
hunt that occurred on private land, a copy of the written permission from the owner
or duly appointed agent of the land or premises effective at the time of the guided
hunt that was issued to the hunting guide pursuant to section 183D-26(c); and
(5) Other information
as required by the department.
The reports shall be submitted within thirty days after the expiration of the hunting guide license issued pursuant to this section. The failure to submit an annual report within the time specified shall be grounds for the revocation and nonrenewal of the hunting guide license.
(d) As part of the licensing process, hunting guides
shall file the written permission obtained in accordance with section 183D-26(a)
with the department's division of forestry and wildlife. Hunting guides shall carry a copy of the written
permission when guiding clients pursuant to section 183D-26."
SECTION 3. Section 183D-26, Hawaii Revised Statutes, is
amended to read as follows:
"§183D-26 Hunting on private lands prohibited. (a) No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife, including game, without first having obtained written permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the written permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder.
(b) No hunting guide licensed pursuant to section
183D‑25.5 shall guide a client upon any land or premises belonging to,
held by, or occupied by another for the purpose of hunting or to take any kind
of wildlife, including game, without first having obtained written permission from
the owner or a duly appointed agent, if the owner is the occupier or holder, or
if the owner has let another occupy or hold the same, without having first
obtained the written permission of the occupier or holder thereof, or the duly
appointed agent of the occupier or holder.
[(b)] (c) No prosecution shall be brought under this
section, except upon the sworn complaint of the owner, occupier, or holder of
the land or premises, or a duly appointed agent, or if the owner, occupier, or
holder is either a corporation or a partnership, then the complaint shall be
sworn to by an officer of the corporation or by one of the members of the
partnership."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050; provided that the amendments made by section 2 shall apply to all annual reports filed for the July 1, 2023, to June 30, 2024, period and all annual reports filed thereafter.
Report Title:
Department of Land and Natural Resources; Hunting Guides; Private Land; Written Permission
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
