HAR §13-123-22. Conditions and restrictions

The following conditions and restrictions shall apply to game mammal hunting in public hunting areas: (1) With respect to hunting licenses, permits, tags, and check stations, the following conditions and restrictions shall apply: (A) Hunters shall carry their valid hunting license, as well as required permits or tags, on their person at all times while in the hunting area[.]; (B) Hunting permits, stamps and tags are not transferable and are valid only on the dates indicated and for the person to whom assigned; (C) Where there are established check stations, each hunter and hunter assistant shall check in before hunting and check out after hunting; (D) By signing a hunting license, stamp, tag, or permit, the person agrees to comply with all the terms and conditions of the applicable license, stamp, tag, or permit, as well as applicable laws and regulations; and consents to be subject to inspection for appropriate license, permit, stamp, and/or tag, hunting equipment, and type and amount of game, by a duly authorized representative of the department; and (E) A person shall be issued a hunter education certificate after completion of the hunter education program and reaching at least 10 years of age; (2) With respect to firearms and archery equipment, the following conditions and restrictions shall apply: (A) No person shall possess or discharge any firearm or archery equipment within any public hunting area without having 26 a valid Hawaii state hunting license in their possession; (B) While hunting, each hunter shall be limited to carrying on their person only one legal firearm or archery device that is consistent with the hunt. However, a hunter may when assisting another hunter carry that hunter’s unloaded firearm or archery device. In addition, each hunter is required to make their firearm or archery equipment, cartridges or muzzleloader firing components, game, and license available for inspection, upon the request of a duly authorized representative of the department. Refusal to permit said inspection shall be considered a game law violation and may result in the revocation of hunting privileges by the department, after notice and hearing; (C) No person shall possess any firearm or archery equipment in any public hunting area during a closed season or on non- hunting days, as provided in Exhibits 1 through 12, attached at the end of this chapter. (D) No person shall possess a loaded firearm or archery device once they have filled their bag limit; (E) When hunting without the use of dogs, no person shall use the following: (i) Cartridge firing rifles with a muzzle discharge energy rating of less than twelve-hundred foot pounds; (ii) Shotguns loaded with shot smaller than 00 buckshot; (iii)Muzzleloading rifles, with less than a 44 caliber (0.44") bore diameter regardless of mode of ignition. Breech loaders are 27 prohibited during "muzzleloader only" specified hunts; and (iv) Handguns except as described in subparagraph (K). (F) When hunting with a bow, no person shall use: (i) Long bows with less than forty pounds of drawing tension at a twenty-eight inch draw; (ii) Recurved bows with less than thirty-five (35) pounds of drawing tension; or (iii)Compound bows with less than thirty pounds of drawing tension. (G) No person shall possess any arrows equipped with explosive heads or heads containing drugs or poison. Only arrows having a minimum blade cutting diameter width of three-quarters of an inch are permitted; (H) A firearm that utilizes cartridges shall be considered unloaded if no ammunition is in the chamber or an attached magazine. A muzzleloading firearm is considered unloaded if the ignition component (primer, percussion cap or priming powder) is removed from the ignition system, and for flintlocks the powder is removed from the pan, the frizzen is up and the cock (hammer) is down. "Cartridge firing" and “muzzleloading” firearms must be unloaded just as described above to enter any safety zone or to transport the firearm in a vehicle within the hunting area. However, when crossing or entering a public highway or exiting a public hunting area, all fireable cartridges muzzleloader firing components must be removed from the firearm including powder and projectile(s); 28 (I) Archery equipment shall be considered loaded if an arrow is nocked on the bow string; (J) No person shall possess or use tracer bullets, bullets with full metal jackets, blow guns, guns powered by compressed gas, animal traps, slingshots, poison, explosives, or snares in any public hunting area. No person shall possess or use crossbows, except disabled hunters with a valid permit for their use. Legal game mammal hunting equipment includes rifles, shotguns, handguns, bows and arrows, spears and knives, and crossbows with a permit. Only firearms, archery equipment, or other means of take authorized for the particular hunt are to be in the hunter's possession, while in the public hunting area; and (K) With respect to the use of handguns and handgun ammunition, the following conditions and restrictions shall apply: (i) No person under the age of 18 years shall hunt game mammals with a handgun; (ii) Center fire handguns shall have a minimum barrel length of four and one-half (4 1/2) inches for single shot pistols and revolvers and five (5) inches for semi-automatic pistols; (iii)Straight-wall cartridge ammunition shall be 357 caliber or larger with a minimum case length of one and one-fourth (1 1/4) inches (Exceptions: The 10 mm auto mag and 45 win mag cartridges are allowed despite their shorter case length); 29 (iv) Necked rifle-type cartridge ammunition shall be 223 caliber or larger; (v) All handgun bullets of less than 43 caliber (.429 inch) shall be of the expanding type. Bullets of 43 caliber (.429 inch) which do not expand shall be of the flat-nosed (semiwadcutter) or round-nosed exposed lead type; (vi) Single or double barreled muzzleloading handguns shall be 44 caliber or larger, use at least 60 grains of black powder or equivalent, and use a projectile of at least two hundred (200) grains weight(slug or round ball of 51 caliber or more); (vii)It is prohibited to use any “muzzleloading” (black powder type) revolver or smooth bore pistol when hunting without dogs; (viii)Handguns shall not be carried concealed; however, open topped and flapped protective type holsters which cover the handgun handle are allowed. All handguns and holsters must be worn in plain view, external to all clothing or rain gear; and (ix) When handgun hunting with dogs, certain exceptions shall apply as listed in paragraph (3)(A). (3) With respect to the use of hunting dogs the following conditions and restrictions apply: (A) The following legal methods of take may be used: (i) Muzzleloading rifle or muzzleloading handgun, including revolvers having a caliber of 44 or larger and a barrel length of 30 four and one-half (4 1/2) inches or more; (ii) Rifles using at least a 22 caliber magnum load or any center fire cartridge; (iii)Shotguns loaded with slugs or 00 or larger buck shot; (iv) Spears and knives; and (v) Cartridge firing handguns using at least a 22 caliber, magnum load or larger cartridge; (B) No person shall use dogs for the hunting of any game mammal, except as provided in Exhibits 1 through 12 attached at the end of this chapter; and (C) The dog's owner or handler shall accompany the dog at all times while hunting. The dog shall be under control at all times and physically restrained except when hunting and actively in pursuit of game. (D) The dog's owner shall be held strictly liable for all actions, injuries, or damages caused by the owner's dog. (E) The dog shall be under voice control at all times and physically restrained in all safety zones and closed areas. (F) Dog identification must be on the dog at all times, including while in a public hunting area and actively in pursuit of game. (4) With respect to motorized vehicles and aircraft, the following conditions and restrictions shall apply: (A) When required, only four-wheel drive vehicles will be permitted in public hunting areas; (B) No person shall use any aircraft to herd or drive game mammals, or land any aircraft for the purpose of hunting, or discharge any firearm or archery device 31 from any aircraft into a public hunting area except as provided by the department; (C) No person shall operate any motorized vehicle (including, but not limited to motorcycles and all-terrain vehicles) in any hunting area, except on roads that are designated for their use which have been constructed, maintained, and opened for vehicular use. However, vehicles may be parked within twenty feet of maintained roads; and (D) No person shall have or carry any loaded firearm or loaded archery equipment on horseback, in any vehicle, boat, or any other carrier or discharge any firearm or archery device from any carrier, except for disabled hunters with a valid permit to do so. It is also illegal for any hunter to discharge any firearm or archery device into a public hunting area from outside the hunting area. (5) With respect to safety zones and closed areas, no person shall hunt, possess a loaded firearm or archery device, or discharge any firearm or archery equipment within or across a designated safety zone or closed area; (6) With respect to disposition of game, the following conditions and restrictions shall apply: (A) No person shall remove any live game mammal from any public hunting area without a wildlife control or collection permit; (B) If required by the division, all game mammals that are taken shall be preserved in a condition that will enable the identification of their sex and species. Unless prohibited, game mammals taken are permitted to be 32 skinned, quartered, and boned. If required by the division, the unskinned tail of any game mammal shall be left attached to the carcass. If required by the division, the head and scrotum of any game animal taken shall be left attached to the carcass as evidence of sex and species while in the hunting area; and (C) No person shall sell or offer for sale any game mammal or parts of the carcass of any game mammal taken from any public hunting area. (7) The following general restrictions shall also apply: (A) No person shall hunt, serve as a guide, accompany, or assist a hunter in any hunting area where firearms are permitted without wearing an exterior garment (shirt, vest, jacket, or coat) made of commercially manufactured, solid blaze-orange material or solid blaze-orange mesh material with a maximum mesh size of one-eighth inch. (All types of camouflage orange are prohibited for these garments). When carrying game or wearing a back pack, the blaze orange on the upper torso must be visible from both front and back; (B) Unless prohibited, non-hunters and hunter assistants may accompany hunters in the field. Non-hunters and hunter assistants must wear a blaze-orange outer garment and are prohibited from carrying any loaded firearms or archery equipment and ammunition; (C) Persons found to be in violation of any provision of this chapter may have their hunting privileges revoked by the department, after notice and hearing. The department may reinstate revoked 33 hunting privileges upon subsequent completion of a state approved hunter education course. Any equipment, article, instrument, aircraft, vehicle, vessel, business record or natural resource used or taken in violation of the provisions of this chapter may be seized and subject to forfeiture as provided by section 199-7 and chapter 712A, Hawaii Revised Statutes; and (D) No person shall be in possession of an opened or unsealed vessel or container of any intoxicating substance, or use any such substance within a public hunting area. (8) The following additional conditions and restrictions shall apply to game mammal hunting on the island of Kauai: (A) Hunters with a valid camping permit will be allowed to enter the Mokihana Ridge Area by means of the Waimea Canyon checking station on Thursdays only after 3:00 p.m. in preparation for Friday’s hunt. Entry by hunters before 3:00 p.m. (except on State holidays) is prohibited; (B) No person shall use motor vehicles in the Mokihana Ridge and Waimea Canyon areas except authorized employees of the department or its lessees; (C) No person shall enter the Kekaha Game Management Area except for hunters with valid hunting licenses during legal hunting days, as well as authorized employees of the department and its lessees or permittees; (D) Each hunter shall check out of Units A, B, E, F, H, J, K, and L during the feral goat or black-tailed deer season by 10:00 p.m. Exception: Hunters with valid camping permits in Units B, E, G, 34 or H may sign in “overnight" on checking station sign-in sheets; (E) No person shall possess any firearm within Hunting Units D and K on the island of Kauai, except that hunters may carry unloaded firearms during open seasons while on the Kukui Trail, Waipo Falls Trail, Cliff Trail, Kumuwela Trail, Puu O Kila Trail, or Waininiua Ditch Trail access routes to Hunting Units B and E; (F) No person shall possess a firearm within the Hawaiian Home Lands Safety Zone, except on approved access routes described in section 13-123-21 (a)(8)(B); (G) No person shall possess any firearm within the Westside Coalition-ADC makai lands, except on approved access routes described in section 13-123-21 (a)(8)(B); (H) Hunters entering Unit G on overnight trips must obtain a camping permit from the division of state parks; and if overnight entry to the area is by boat, a boat landing permit is required. (Entry for day-use only by boat is permitted with a valid Unit G archery permit); and (I) The use of ATV’s or quad-runners in the Kekaha Game Management Area is prohibited. (9) The following additional conditions and restrictions shall apply to game mammal hunting on the island of Lanai: (A) On the island of Lanai, hunter assistants must have in their possession a valid hunting license and a special hunter assistant certificate. (10) The following additional conditions and restrictions shall apply to game mammal hunting on the island of Maui: 35 (A) Hunters staying at the Polipoli State Park on hunting days shall indicate their overnight stay on the check-in sheet at the hunter checking station; and (B) Only four-wheel drive vehicles will be permitted on the Kahakuloa Game Management Area access roads. (11) The following additional conditions and restrictions shall apply to game mammal hunting on the island of Hawaii: (A) Persons hunting in the Mauna Kea Game Management Area shall check out at the Kilohana or Puu Huluhulu checking station no later than 7:30 p.m.; (B) Persons hunting in the Kulani Buffer zone shall check out at the self- checking station on the Stainback Highway or North Kulani Road no later than 4:00 p.m.; and (C) No person shall possess firearms in any archery hunting area where archery hunting only is permitted, except on the access road from Kaohe GMA to Puu Laau. [Eff 9/28/81; am and comp 11/6/99; am and comp 05/09/15] (Auth: HRS: §183D-3) (Imp: HRS §183D-4)