Hawaii Revised Statutes 142. Animals, Brands, and Fences

PART I. ANIMAL DISEASES AND QUARANTINE

• 142-1 Information and Statistics.
  The department of agriculture shall gather, compile, and tabulate, from time to time information and statistics concerning domestic animals in the State, their protection...
• 142-2 Rules.
  Subject to chapter 91 the department of agriculture may make and amend rules for the inspection, quarantine, disinfection, or destruction, either upon introduction into...
• 142-3 Department, Duties.
  The department of agriculture shall have charge, direction, and control of all matters relating to the inspection of animals and the prevention and eradication...
• 142-3.5 Authority to Contract or Rent Facilities.
  The board of agriculture may contract with third parties for the use or rental of the division of animal industry's property or facilities; provided...
• 142-3.6 Animal Industry Special Fund.
  There is established the animal industry special fund to be administered by the board of agriculture. Moneys received by the board of agriculture from:...
• 142-4 Entry of Animals Without Inspection Prohibited.
  No animal shall be allowed to enter the State except after inspection by the department of agriculture and the issuance of a permit by...
• 142-4.5 Health Certificate.
  Any animal entering the State pursuant to this chapter shall be accompanied by a valid health certificate. The health certificate shall include information as...
• 142-5 Landing of Animals.
  The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into the State for...
• 142-5.5 Service Dogs.
  Any person with a disability who uses the services of a service dog, as defined in section 347-2.5, shall be permitted to reside on...
• 142-6 Quarantine.
  The department of agriculture may quarantine any animal known to be affected with, to have been exposed to, or to be susceptible to, any...
• 142-7 Breeding in Quarantine Prohibited.
  The use of any animal for breeding purposes while the animal is quarantined is prohibited, except that the department of agriculture may, with the...
• 142-8 Notification of Arrival.
  The captain of any vessel or aircraft transporting any live animal to any port in this State shall immediately upon arrival in the State...
• 142-9 Quarantine Between Islands.
  Live animals passing between the islands of the State may be quarantined as provided by law, at either the port of shipment or of...
• 142-10 Importing Prohibited, When.
  The governor, notwithstanding anything in this chapter, may, from time to time by proclamation declaring any port or country to be infected, absolutely prohibit...
• 142-11 Forfeiture of Animals, Etc.
  All animals, fodder, fittings, or effects landed contrary to this chapter or taken or removed from quarantine before being duly discharged, shall be forfeited...
• 142-12 Penalties.
  (a) Any person violating any provision of this chapter or any rule adopted pursuant thereto, for which action a penalty is not otherwise provided,...
• 142-13 Reporting Disease; Penalty.
  Any person knowing or having reason to believe that any animal on or about that person's premises or the premises of another is affected...
• 142-14 Sale of Diseased Animals; Penalty.
  Any person who sells or offers for sale, or uses, or exposes, or who causes or procures to be sold, or offered for sale,...
• 142-15 Repealed.
  L 1986, c 269, §1.
• 142-16 Dairy and Breeding Cattle; Tuberculin Tests.
  All dairy and breeding cattle within the State shall be tuberculin tested by the department of agriculture as often as in its judgment such...
• 142-17 Branding of Tuberculous Cattle.
  All cattle found to be tuberculous either upon physical examination or by means of the tuberculin test shall be branded upon the left cheek...
• 142-18 Disposal of Tuberculous Animals.
  The owner of all cattle reacting to the tuberculin test shall, subject to section 142-16, cause them to be segregated immediately and, within a...
• 142-19 Indemnification for Tuberculous Animals.
  For any animal slaughtered, under section 142-18, the owner shall be paid one-third the difference between the appraised value of each animal so destroyed...
• 142-20 Premises From Which Tuberculous Cattle Removed to Be Disinfected.
  Any premises upon which have been kept animals affected with tuberculosis shall be disinfected promptly after the removal of the animals and in a...
• 142-21 Cooperation With Federal Authorities.
  The department of agriculture may cooperate with the United States Department of Agriculture in its efforts to eradicate bovine tuberculosis or any other transmissible...
• 142-22 Anaplasmosis; Indemnity for Slaughtered Cattle.
  The department of agriculture may pay indemnities to owners of cattle sent to slaughter as reactors to the anaplasmosis test. The payment shall be...
• 142-23 Brucellosis Testing; Indemnity for Slaughtered Cattle.
  The department of agriculture may institute and conduct a brucellosis testing program. The department may pay indemnities to owners of cattle sent to slaughter...
• 142-23.1 Hog Cholera Eradication; Indemnity.
  When swine are destroyed by the state veterinarian as being infected with hog cholera, or when noninfected swine are ordered destroyed to depopulate an...
• 142-23.5 Garbage Feeding Prohibited; Penalty.
  (a) The feeding of garbage to swine is prohibited, unless: (1) A permit to process (cook) garbage for such use is obtained from the...
• 142-24 to 27 Repealed.
  L 1993, c 280, §8.
• 142-28 Repealed.
  L 1998, c 210, §2.
• 142-28.5 Animal Quarantine Special Fund.
  There is established the animal quarantine special fund to be administered by the board of agriculture. Moneys received by the board of agriculture from:...
• 142-29 Enforcement; Citation and Summons.
  Violations of the provisions of this chapter or of any rule adopted pursuant thereto may be enforced by citation and summons issued by: (1)...
• 142-30 Form of Citation and Summons.
  (a) In issuing citations and summons for violations of this chapter, law enforcement officers other than those described in section 142-29(2) shall use the...
• 142-31 Administration of Oath.
  When a complaint is made by officers and employees as described in section 142-29(2) to any prosecuting officer of the violation of the provisions...

PART II. BRANDS

• 142-41 Brands to Be Recorded, Etc.
  Every owner of livestock in the State shall have the owner's brand or mark, in order to secure its validity and individuality, recorded in...
• 142-42 Expiration of Registration, Reregistration.
  Each brand registered under section 142-41 shall expire on December 31, 1960, and at each five year interval thereafter unless reregistered during the one...
• 142-43 Right to a Brand Determined by Department.
  The department of agriculture shall determine conflicting claims by the applicants for a brand of similar or approximate design and in so doing shall...
• 142-44 Owners of Unbranded Animals.
  All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded, which may be running wild at...
• 142-45 Using Other's Brand Prohibited; Penalty.
  It shall be unlawful for any person other than the registered owner to use any brand or mark that has been duly registered or...
• 142-46 Using Unregistered Brand Prohibited; Penalty.
  It shall be unlawful for any person to use any brand that has not been duly registered according to law. Any person using any...
• 142-47 Obliterating Brand; Penalty.
  Any person who obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, although without...
• 142-48 Felonious Branding; Penalty.
  Whoever wilfully and feloniously brands, or otherwise marks, any kine, horse, mule, sheep, goat, or other cattle belonging to another, with one's mark, or...
• 142-49 Livestock Ownership and Movement Certification.
  Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal...

PART III. FENCES AND TRESPASSES BY ANIMALS

• 142-61 Lawful Fence; Penalty.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-61 Lawful fence; penalty. (a) Every fence made of stone, posts and...
• 142-62 Breaking, Etc., of Fence; Penalty.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-62 Breaking, etc., of fence; penalty. If any person maliciously and designedly...
• 142-63 Trespass on Fenced Cultivated Land.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-63 Trespass on fenced cultivated land. If any cattle, horse, mule, ass,...
• 142-64 on Unfenced Cultivated Land.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-64 On unfenced cultivated land. If any of the animals mentioned in...
• 142-65 on Uncultivated Land.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-65 On uncultivated land. If any of the animals mentioned in section...
• 142-66 on Public Roads, Lands.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-66 On public roads, lands. If any animal mentioned in section 142-63...
• 142-67 Repealed.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-67 REPEALED. L 1987, c 58, §2.
• 142-68 Fine for Continued Trespassing by Animals.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-68 Fine for continued trespassing by animals. In case cattle, horses, mules,...
• 142-69 Stallions.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-69 Stallions. Every person on whose land any stallion of twelve months...
• 142-70 Expenses, Driving, Etc.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-70 Expenses, driving, etc. In all cases when animals are taken up...
• 142-71 Procedure to Recover Animals; Owner Notified Before Impounding.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-71 Procedure to recover animals; owner notified before impounding. Where any animals...
• 142-72 Procedure, If Owner Believes Impounding Illegal.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-72 Procedure, if owner believes impounding illegal. If the owner of any...
• 142-73 Jurisdiction; Appeal.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-73 Jurisdiction; appeal. The judge shall upon receiving the amount claimed, including...
• 142-74 Liability of Dog Owner; Penalty.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-74 Liability of dog owner; penalty. (a) If any dog, while on...
• 142-75 Human Bitten by Dog; Duty of Dog Owners; Action Against Owner.
  Applicability of District Court Rules of Civil Procedure, see DCRCP rule 81(b)(3). §142-75 Human bitten by dog; duty of dog owners; action against owner....

PART IV. MISCELLANEOUS PROVISIONS

• 142-91 Destruction of Animals Ferae Naturae.
  (a) No person shall shoot or otherwise destroy any animal ferae naturae or its progeny within ten years of the introduction of the species...
• 142-92 Mongoose; Keeping or Breeding; Penalty.
  It shall be unlawful for any person to introduce, keep or breed any mongoose within the State except upon and according to the terms...
• 142-93 Harboring Mongoose; Penalty.
  Any person harboring, feeding, or in any way caring for a mongoose, except upon and according to the terms of a written permit which...
• 142-93.5 Mongoose; Killing Allowed.
  No person shall be prohibited from killing a mongoose in any manner not prohibited by law, including by trapping. [L 1986, c 8, §1]
• 142-94 Destruction of Unconfined Rabbits and Belgian Hares.
  Any police officer or other person may destroy any rabbit or Belgian hare found unconfined and no officer or other person destroying any rabbits...
• 142-95 Rabbits, Belgian Hares, to Be Kept Off Ground; Penalty.
  Any person who breeds, raises or keeps rabbits or Belgian hares shall keep them off the ground. Any person who violates this section shall...
• 142-96 Frightening Animals; Penalty.
  Whoever frightens, exasperates, or animates a horse or other animal, and thereby endangers the personal safety or the personal property of any person, or...
• 142-97 Wild Cattle Through Street; Penalty.
  Whoever drives, leads, or otherwise conducts any wild bull, bullock, cattle, or other ferocious or dangerous animal in the street of any village, or...
• 142-98 Fees.
  (a) The department of agriculture may establish and assess fees pursuant to chapter 91 for facilities usage, vaccination programs, emergency transportation of quarantined animals,...
• 142-99 Lost or Rescued Animals; Penalty.
  (a) Except as otherwise provided in section 143-10, any person who exerts control over a lost animal shall immediately notify the owner of the...
• 142-100 Beekeepers, Registration; Apiary Program.]
  (a) Beekeepers may register with the department of agriculture, on forms prescribed and prepared by the department, which shall include the following information: (1)...

PART V. PIGEONS

• 142-101 Definitions.
  As used in this part, unless the context otherwise provides: "Carrier pigeon" means homing and racing pigeons which are banded on the leg with...
• 142-102 Pigeon Permits.
  The department shall issue a pigeon ownership permit to any person who raises pigeons and shall adopt rules pursuant to chapter 91 to effectuate...
• 142-103 Exercise, Training, and Racing.
  Any owner of carrier pigeons, to whom the department has issued a pigeon permit, or person acting for the owner, having in the owner's...

PART VI. AVIARY GAME BIRDS

• 142-111 Definitions.
  As used in this part, unless the context otherwise requires: "Aviary game bird" includes the various species of pheasant which are of rare nature...
• 142-112 Aviary Game Bird Permits.
  The department shall issue an aviary game bird permit to any person who raises aviary game birds and shall adopt rules pursuant to chapter...

Last modified: October 27, 2016