Hawaii Revised Statutes 195d. Conservation of Aquatic Life, Wildlife, and Land Plants

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...
• 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...
• 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...
• 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...
• 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)....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 195d-9 Penalty.
  (a) Any person who violates any of the provisions of this chapter [or] the provisions of any rule adopted hereunder shall be guilty of...
• 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...

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...
• 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...
• 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...
• 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...
• 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...
• 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: (1) The status...
• 195d-27 Repealed.
  L 2012, c 145, §1.
• 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...
• 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...
• 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...
• 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...
• 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:...

Last modified: October 27, 2016