HAR §13-124-2.4. Severability

These rules are declared to be severable and if any portion or the application thereof to any person or property is held invalid for any reason, the validity of the remainder of these rules or the application of the remainder to other persons or property shall not be affected . [Eff and comp 2/27/2015; comp ] (Auth: HRS §§183D- 2, 183D-3, 195D6 , 195D-10) (Imp: HRS §§183D- 2 , 183D-3, 195D-6, 195D-10) Historical note: §13-1 24 - 2.4 is based substantially upon §13-1 24 -1 0 . [Eff 3/2/98 ; R 2/27/2015 ] 9 SUBCHAPTER 2 INDIGENOUS, INJURIOUS, INTRODUCED WILD BIRDS, AND INTRODUCED WILDLIFE [§13 124 3 Prehibited aetivities. (a) With respect to indigenous wildlife and introduced wild birds, and except as provided in subsection (c) or as permitted by the department, no person shall, or attempt to: +I+ Catch, possess, injure, kill, destroy, sell, offer for sale, or transport any such species, or any young or egg, or the dead body or skin thereof; or -f-2+ E:icport any such species, or any young or egg, or the dead body or skin thereof from the State. The prohibitions against the destruction of wild birds shall not apply to those introduced wild birds listed as injurious wildlife. (b) No person shall remove, damage, or disturb the nest of any indigenous wildlife c,cccpt as provided in subsection (c) or as permitted by the department. (c) With respect to injurious wildlife, e,wcpt as provided in subsection (c), or as permitted by the department, no person shall, or attempt to: +i+ Release injurious wildlife into the ,,Jild; -f-2+ Transport live injurious wildlife to islands or locations within the State where they arc not already established and living in a wild state; or -f-3-t E:icport any such species, or the dead body or parts thereof, from the State. (d) With respect to introduced wildlife, c,wcpt as provided in subsection (c) as permitted by the department, no person shall, or attempt to, release introduced wildlife. (c) The prohibited activities in this section shall not apply to: 10 -B+ }'1uthorized employees of the department ; -f-2-t Enforcement agents, researchers, and inspectors of the department of agriculture and United States Fish and Wildlife Service when acting in the course of their official duties; or -f-3-t Persons authorized by the board or its authorized representative and as provided els ewhere in this chapter. ] [Ef f 3/22/82 ; am and comp 8/28/86 ; am and comp 3/2/98 ; am and comp FEB 27 2015 (Auth: HRS §§183D- 8 , 183D- 61 , 183D-62, 183D-63, 183D-64, 195D-3, 195D- 4, 195D-5, 195D-6) (Imp: HRS §§1 83D- 2 , 1 83D- 8 , 183D-61, 183D-62, 183D- 63 , 183D-64,195D- 3 , 195D-4, 195D- 6) §13-124-3.1 Indigenous wildlife, prohibited activities. (a) With respect to indigenous wi l dli fe , except as authorized in section 13 - 124 - 3 . 5 , no person s ha ll or attempt to, intentionally, knowingly, reckl essly , or negligently: ill Take, catch , possess , injure, kill , destroy, sell , offer for sale , harass, or transport any such species, or any young or egg , or the dead body , shell , or skin thereof ; ill Export any such species , any young or egg , or the dead body, shell , or skin thereof from the State ; or ill Significantly modify or degrade habitat such that it kills or injures indigenous wildlife . (b) No person shall intentionally, knowingly , reckl ess l y , or negligently remove, damage , or disturb an active nest of any indigenous wildli fe , except as provided in section 13-1 24 - 3.5. (c) With respect to indigenous wildlife , no pers on shal l intentionally, knowingly, reckl ess l y , o r negligentl y feed, or attempt to , feed indigenous wildlife , except as provided in section 13-124-3.5. 11 [Eff (Auth : HRS §§1950- 3 , 1950-6) (Imp: HRS §§1950- 3 , 1950- 6) §13-124-3.2 Introduced wild birds, prohibited activities. With respect to introduced wild birds, except as authorized in section 13 - 124 - 3 . 5 , no person shall or attempt to, intentionally, knowingl y , recklessly , or negligently : (1) Catch , possess, injure, kill , destroy , sell , offer for sale , or transport any such species, or any young or egg , or the dead body or skin thereof. The prohibitions against the destruction of introduced wild birds shall not apply to those introduced wild birds listed as injurious wi l dli fe ; or ill Export any such species , any young or egg , or the dead body or skin thereof from the State. [Eff ] (Auth: HRS §§1830- 3 , 1830- 8 , 1830-61, 1830-62, 1830-63, 1830-64) (Imp: HRS §§1830- 2 , 1830-3, 1830- 8 , 1830-61, 1830- 62 , 1830- 63 , 1830-64) §13-124-3.3 Injurious wildlife, prohibited activities. With respect to injurious wildlife, except as authorized in section 13 - 124 - 3 . 5 , no person shall, or attempt to, intentionally, knowingly , reckl ess l y , or negligently: ill Release any such species into the wild; ill Transport any such species within the State ; ill Export any such species , or the dead body or parts thereof, from the State ; or ill Distribute or sell plants , equipment , or other goods within the State with such species present . [Eff (Auth: HRS §§1830- 3 , 1830-8, 1830-61, 1830- 62 , 1830-63, 1830-64) (Imp: HRS §§1830- 2 , 12 1830-3, 1830-8, 1830-61, 1830- 62 , 1830-63, 1830-64) §13-124-3.4 Introduced wildlife, prohibited activities. With respect to introduced wildlife, except as authorized in section 13-124-3.5, no person shall, or attempt to, intentionally, knowingly, recklessly, or negligently release introduced wildlife . [Eff ] (Auth: HRS §§1830- 3 , 1830-8, 1830-61, 183D-62, 183D-63, 183D-64) (Imp: HRS §§1830- 2 , 1830-3, 1830-8, 1830-61, 1830-62, 1830- 63 , 1830-64)