HAR §13-124-2. Definitions

As used in t his chapter unless the context requires otherwise : "Agriculture " means the production of crops [which are] planted, cultivated, and harvested for food, ornamental , grazing , cultural , medicinal~ or forest purposes . "Aquaculture " means the [farming or ranching of aquatic life in a controlled salt, brackish, or fresh 3 water environment, provided that the farm or ranch is on or directly adjacent to land.] propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. "Aquatic life" means any species of mammal, fish, mollusk, crustacean, arthropod, invertebrate, coral, or other vertebrate or invertebrate that inhabits the freshwater or marine environment, and includes any part, product, egg, or offspring thereof; or freshwater or marine plants or algae, including seeds, roots, spores, and other parts thereof. "Board" means the board of land and natural resources. "Crops" means a plant [or animal], vertebrate, or invertebrate, or product thereof that can be grown and harvested for profit or subsistence. "Cultural [tt-S-e] activities" means use for traditional native Hawaiian practices. "Department" means the department of land and natural resources. "Department lands" means public lands managed, administered, or controlled by the Department of Land and Natural Resources, as in section 171-3, Hawaii Revised Statutes, except such lands leased by the department. "Domestic animal" means any [of various animals which have been domesticated by humans in a condition mainly dependent on humans.] domesticated vertebrate or invertebrate, whether reared in captivity or not, excluding aquatic life. Domestic animals do not include wildlife. "Endangered wildlife" means any species [, subspecies, or population of wildlife] whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy, and that has either been officially listed by the federal government as endangered [and any species, subspecies, or population of indigenous wildlife.] or has been so designated pursuant to section 195D-4, Hawaii Revised Statutes. Endangered wildlife are listed in, but not 4 limited to_!_ the exhibit entitled "Exhibit 2, Chapter 13-124, List of Species of Endangered Wildlife in [Hawaii 11/1/14] Hawai 'i 12/11/25" and as updated, which is located at the end of this chapter and incorporated by reference. "Export" means shipment to any point outside the State. "Feed" means to give, place, expose, deposit, distribute, or scatter any food, or any edible material. "Feral" means having escaped or been released from domestication and reverted to a wild, free- roaming state. "Game birds" means those birds designated by [statute] law or rule for hunting[~] in chapter 183D, Hawaii Revised Statutes, or by administrative rule. "Game mammals" means those mammals designated by [statute] law or rule for hunting[~] in chapter 183D, Hawaii Revised Statutes, or by administrative rule. "Harass" means to pursue, torment, or annoy. Harass may include acts that create the likelihood of injury to such wildlife or has the potential to disturb such wildlife by disrupting normal behavior patterns, such as migration, breeding, feeding, or sheltering, even if it does not cause injury. "Harm" means to cause injury or death to. Harm may include significant habitat modification or degradation where such modification or degradation kills or injures threatened wildlife, endangered wildlife, or indigenous wildlife. "Haze" means the use of non-lethal methods to deter wildlife. "Indigenous wildlife" means any species[,-------e-r subspecies] of [animal] wildlife deemed to be in need of conservation, including migratory forms, occurring or living naturally in Hawaii without having been brought to Hawaii by humans and listed in, but not limited to, the exhibit entitled "Exhibit 1, Chapter 13-124, Indigenous Wildlife of [Hawaii, 11/1/14] Hawai'i 12/11/25" and as updated, which is located at the end of this chapter and incorporated by reference. 5 Indigenous wildlife does not include game mammals, game birds, feral species of domesticated animals, introduced wildlife, or aquatic life. "Injurious wildlife" means any species [e-r subspecies] of [animal] introduced wildlife which is known to be harmful to agriculture, aquaculture, indigenous wildlife or plants, or constitute a nuisance or health hazard and is listed in the exhibit entitled "Exhibit 5, Chapter 13-124, List of Species of Injurious Wildlife in [Hawaii, 11/1/14] Hawai'i 12/11/25" and as updated, which is located at the end of this chapter and incorporated by reference; and as established and designated by the board as injurious wildlife. ["Introduce" means an act of releasing wildlife into a habitat to which it is not indigenous.] "Introduced wild birds" means any [-n-e-n-- domesticated] species of bird introduced or imported to Hawaii by humans and living in a wild and undomesticated state [other than] excluding game birds, [including] and listed in, but not limited to, [species listed in] the exhibit entitled "Exhibit 4, Chapter 13-124, Introduced Wild Birds Other Than Game Birds Which Have Become Established in the Wild, [11/1/14] 12/11/25" and as updated, which is located at the end of this chapter and incorporated by reference. "Introduced wildlife" means any wildlife introduced or imported to Hawaii by humans[~], except game birds or game mammals. "Native plant" means any member of the plant kingdom that is endemic or indigenous to Hawaii, excluding aquatic plants. ["Non domesticated animal" means any of various animals that have not been domesticated by and that are in a condition mainly independent of humans.] "Plant" means any member of the plant kingdom, including seeds, roots, and other parts thereof. "Release" means to free an [animal] vertebrate or invertebrate from confinement or restraint[~] into the wild. 6 "Service animal" has the same meaning as defined in section 347-2.4, Hawaii Revised Statutes. "Species" means and shall include any subspecies, subpopulation, or taxa of aquatic life or wildlife. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, possess, or collect endangered wildlife, [-e-r-] threatened [species of] wildlife, or indigenous wildlife, or to attempt to engage in any such conduct . "Threatened wildlife" means any species[, subspecies, or population] of [wildlife that] aquatic life, vertebrate, or invertebrate which appears likely, within the foreseeable future, to become endangered and has been officially listed by the federal government as threatened [and any species, subspecies, or population of indigenous wildlife.] or has been so designated pursuant to section 195D-4, Hawaii Revised Statutes. Threatened wildlife are listed in, but not limited to, the exhibit entitled "Exhibit 3, Chapter 13-124, List of Species of Threatened Wildlife in [Hawaii 11/1/14] Hawai'i 12/11/25" and as updated, which is located at the end of this chapter and incorporated by reference. "Wildlife" means any member of any non- domesticated species of [the animal kingdom] vertebrate or invertebrate, including reptiles and amphibians, a feral species of any domestic animal, [-a-n-e:] or game mammals and game birds living in a wi ld and [nondomesticated] unconfined state, whether reared in captivity or not, [including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes] inc luding any part, product, egg, or offspring thereof, or the dead body or parts thereof. Aquatic life are not wildlife in this chapter, unless listed as threatened wildli fe or endangered wildlife. "Wildlife deemed to be in need of conservation" means any species of wildlife determined by the department to require protective measures to ensure its continued survival, which includes, but is not limited to, indigenous wildlife, threatened wildlife, and endangered wildlife . [Eff 3/22/82; am and comp 7 8/28/86 ; am and comp 3/2/98; am and comp 2/27/2015 ; am and comp ] (Auth : HRS §§183D- 2 , 183D- 3 , 183D- 31, 183D- 51 , 183D- 61 , 195D- 3 , 195D- 4, 1 95D- 6) (Imp : HRS §§183D- 2 , 183D- 3, 183D- 31 , 183D- 51, 183D- 61, 1 95D- 3 , 1 95D- 4, 195D- 6)