Bill Text: HI SB961 | 2010 | Regular Session | Introduced
Bill Title: Hunting
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB961 Detail]
Download: Hawaii-2010-SB961-Introduced.html
Report Title:
Hunting
Description:
Authorizes the Board and Department of Land and Natural Resources to make certain decisions and changes relating to hunting issues without adopting rules pursuant to chapter 91, Hawaii Revised Statutes.
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THE SENATE |
S.B. NO. |
961 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HUNTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In Tanaka v. State of Hawaii, Department of Land and Natural Resources, 117 Haw. 16, 175 P.3d 126 (Haw. App. 2007), the intermediate court of appeals reversed a decision of the circuit court and thereby indicated that the board of land and natural resources and the department of land and natural resources do not have flexibility and authority to take certain actions relating to hunting except through the rule-making process.
The legislature finds that the board of land and natural resources and the department of land and natural resources need to be able to react quickly to changing conditions relating to hunting. The legislature further finds that the interest of the public in understanding certain hunting issues and having input into these issues can be fully accommodated by giving the public notice and an adequate period to provide comment before decisions on these issues are made by the board at its duly noticed regular meetings.
The purpose of this Act is to authorize the board of land and natural resources and the department of land and natural resources to make decisions and changes with respect to certain hunting issues, without adopting rules pursuant to chapter 91, Hawaii Revised Statutes.
SECTION 2. Section 183D-2, Hawaii Revised Statutes, is amended to read as follows:
"§183D-2 Powers and duties of department. The department shall:
(1) Manage and administer the wildlife and wildlife resources of the State;
(2) Enforce all laws relating to the protecting, taking, hunting, killing, propagating, or increasing the wildlife within the State and the waters subject to its jurisdiction;
(3) Establish and maintain wildlife propagating facility or facilities;
(4) Subject to the provisions of title 12, import wildlife for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction;
(5) Distribute, free of charge, as the department deems to be in the public interest, game for the purpose of increasing the food supply of the State; provided that when in the discretion of the department the public interest will not be materially interfered with by so doing, the department may propagate and furnish wildlife to private parties, upon such reasonable terms, conditions, and prices as the department may determine;
(6) Ascertain, compile, and disseminate, free of charge, information and advice as to the best methods of protecting, propagating, and distributing wildlife in the State and the waters subject to its jurisdiction;
(7) Gather and compile information and statistics concerning the area, location, character, and increase and decrease of wildlife in the State;
(8) Gather and compile information concerning wildlife recommended for release in different localities, including the care and propagation of wildlife for protective, productive, and aesthetic purposes and other useful information, which the department deems proper;
(9) Have the power to manage and regulate all lands which may be set apart as game management areas, public hunting areas, and wildlife sanctuaries;
(10) Pursuant to section 183D-65 of this chapter, destroy predators deemed harmful to wildlife;
(11) Formulate, and from time to time recommend to the
governor and legislature, such additional legislation necessary or desirable to
implement the objectives of title 12; [and]
(12) Preserve, protect, and promote public hunting[.];
and
(13) Notwithstanding any administrative rules now in existence pertaining to game bird and mammal hunting, establish and change as conditions warrant, based on study by the department, size limits, bag limits, hunting days, open and closed seasons, specifications of hunting gear that may be used or possessed, and special conditions for hunting, not less than thirty days after public notice in a newspaper of general circulation, by affirmative vote of the board, and not subject to chapter 91, or less than thirty days in the case of an imminent peril to the public health and safety, upon public notice in a newspaper of general circulation by the board or authorized representative."
SECTION 3. Section 183D-3, Hawaii Revised Statutes, is amended to read as follows:
"§183D-3 Rules. Subject to chapter 91, the department shall adopt, amend, and repeal rules:
(1) Concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department;
(2) Protecting, conserving, monitoring, propagating, and harvesting wildlife;
(3) [Concerning] Authorizing
the board to set and change conditions relating to size limits, bag limits, open and closed seasons, and
specifications of hunting gear [which] that may be used or
possessed[;], and, in addition to the board, authorizing a
representative of the department by way of public notice, to set and change
conditions relating to size limits, bag limits, open and closed seasons, and
specifications of hunting gear that may be used or possessed in the case of an
imminent peril to public health and safety; and
(4) Setting fees for activities permitted under this chapter, unless otherwise provided for by law.
The
rules may vary from county to county or in any part of the county [and may
specify certain days of the week or certain hours of the day in designating
open seasons], except that any fees established by rule shall be the same
for each county. All rules shall have the force and effect of law."
SECTION 4. Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person violating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted under this chapter or any hunting condition or requirement adopted pursuant to section 183D-2(13) shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as follows:
(1) For a first conviction, by a mandatory fine of not less than $100, or imprisonment of not more than thirty days, or both;
(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $500, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of such 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 $1,000, or by imprisonment of not more than thirty days, or both, and all firearms used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State."
SECTION 5. Section 183D-12, Hawaii Revised Statutes, is amended to read as follows:
"[[]§183D-12[]]
General administrative penalties. (a) Except as otherwise
provided by law, the board is authorized to set, charge, and collect
administrative fines or bring legal action to recover administrative costs of
the department or payment for damages or for the cost to correct damages
resulting from a violation of subtitle 4 of title 12 or any rule adopted
thereunder[.] or any hunting condition or requirement adopted
pursuant to section 183D-2(13). The administrative fines shall be as
follows:
(1) For a first violation, by a fine of not more than $10,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.
(b) In addition, an administrative fine of up
to $5,000 may be levied for each specimen of wildlife taken, killed, injured,
or damaged in violation of subtitle 4 of title 12 or any rule adopted
thereunder[.] or any hunting condition or requirement adopted
pursuant to section 183D-2(13).
(c) Any criminal action against a person for any violation of subtitle 4 of title 12 or any rule adopted thereunder or any hunting condition or requirement adopted pursuant to section 183D-2(13) shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of subtitle 4 of title 12 or any rule adopted thereunder or any hunting condition or requirement adopted pursuant to section 183D-2(13) shall not be deemed to preclude the State from pursuing any criminal action against that person."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
