HAR §13-124-5. REPEALED

[R 3/2 / 98] 14 §13-124-6 Permits for keeping indigenous wildlife, introduced wild birds, game birds, and game mammals. Permits may be issued by the board or its authorized representative to qualified persons who apply in writing to maintain indigenous wildlife , introduced wild birds , game birds , or game mammal s in captivity for the protection, treatment for injury or disease , propagation , and other purposes consistent with the preservation , protection , and conservation of [-Efie-] these animals. [Eff 3/22/82 ; am and comp 8/28/86 ; am and comp 3/2/98 ; am and comp 2/27/2015 ; am and comp ] (Auth: HRS §§183D- 3 , 183D- 6, 183D- 61, 1 950- 3, 1950- 4, 1950- 6) (I mp : HRS §§1830- 3 , 1830- 6, 1830- 61 , 1950-3 , 1950- 4 , 1950- 6) §13-124-7 Crop damage, nuisance, and threat to human health and safety permits. (a) [Provided that no such permit shall be required on private land for game mammals when otherwise in compliance with chapter 123 the ] The board or its authorized representative may issue permits to destroy or [otherwise control] kill game birds , game mammals , introduced wildlife , or introduced wild birds [causing substanti a l damage ] causing damage or nuisance to agricultural or aquacultural crops , [indigenous] native plants_!_ or indigenous wildlife , or pose a threat to human health and safety under the following conditions [+], provided that no such permit shall be required on private land for game mammals when otherwise in compliance with applicable federal , state , and county laws : (1) An authorized agent of the department has investigated the complaint and is satisfied that [substantial damage] damage or nuisance has occurred or is likely to occur ; (2) Permits shall state the species destroyed or taken and method of control and may specify the number of individuals of each species to be destroyed [and the method of control to be used] . The permit may include other terms 15 and conditions as may seem proper and applicable; (3) [Permits for restricted use pesticides may be issued only after an] For the use of restricted-use pesticides and general use pesticides to destroy or take game birds, game mammals, introduced wildlife, or introduced wild birds, the department may require an integrated animal damage control plan [has been] be submitted to and approved by an authorized agent of the department; [-e-r] and (4) When species of introduced wildlife are found to be generally [harmful or] destructive or otherwise harmful to agriculture or aquaculture, native plants~ or indigenous wildlife, or constituting a threat to human health or safety, the board or its authorized representative may authorize the destruction or control of [-t-fie] such species in any area for a specified [-t-i-me-] period without requiring permits or reports. (b) The board or its authorized representative may issue permits to take or destroy or otherwise control indigenous wildlife, other than threatened and endangered [species] wildlife, causing [substantial damage] damage or nuisance to agricultural or aquacultural crops, indigenous plants or wildlife, or posing a threat to human health and safety under the following conditions: (1) An authorized agent of the department has investigated the complaint and is satisfied that [substantial damage] damage or nuisance has occurred or is likely to occur; (2) Permits shall state the species to be destroyed or taken[+]~ the method of control to be used[+]~ the maximum number of individuals of each species to be destroyed or taken[+]~ and the disposition of individuals destroyed or taken. The permit 16 shall include other terms and conditions as may seem proper and applicable; and (3) Permits to destroy indigenous wildlife shall be issued only after significant efforts to haze [or non lethally deter the pest animals] such species have been attempted and proved ineffective. (c) Permittees shall submit monthly summary reports to the department, unless exempted under section 13-124-7 (a) (4), on forms provided or facsimiles that include: (1) The common name of the target and nontarget wildlife taken; (2) The number of each wildlife species; (3) The disposition of the wildlife; and (4) Any other information required by the permit. (d) Failure to submit monthly reports is grounds for cancellation of permits by the board or its authorized representative. (e) No permit issued pursuant to this section shall be issued or used [for the destruction of] to destroy any endangered or threatened [species of] wildlife. (f) Permits may only be amended or otherwise altered by the board or its authorized representative. A copy of the amendment and written approval must be attached to the permit. (g) No permit is required merely to [scare] haze or herd depredating introduced wildlife. [other than endangered or threatened species of wildlife.] (h) This section does not replace rules of the board for destroying or controlling aquatic life. (i) This section does not apply to injurious wildlife. [Eff 3/22/82; am and comp 8/28/86; am and comp 3/2/98; am and comp 2/27/2015; am and comp ] (Auth: HRS §§183D-21, 183D-61, 195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§183D-21, 183D-61, 195D-3, 195D-4, 195D-5, 195D-6) 17 [ "iolating Penal~y~.------rcr-r be erson v t . (a) Any pguilt) . . of a pet 1 &13 124 8 b hanter shal1 f shall be t any par- 0..::-£ khisu t:i:-t , s~cen r . ~~on tn ~~ereor, d upon co-. fine misuem • ,.J et1nor' - an 1±0"3. . by a ! mandatory of ;unisfled as fe f:r~t conviction, er-imprisonment +I+ Fer a tflan OlOO, botfl; of net less tflirty days'. o~ five years of net more than nvietien witflin datery fine eeond ee bY a man t of t ') i For a s rnrietion ,y . mnrisonmen s=r • • S COn • !Jy l.~ 11 a previou~ $500, or -- tfl and a less than ----a-rl---\,1--b-,~or be ' of n=o~t~~= thirty days, . of such not more than • tfle commission ntraband to Hoed in 'dered co firear~s 6 hall be eensi-- of by tfle ,.·elations disposed ,i • t d to an~2 . be forfei e- . tien witflrn • and . nt eonvie State, subseque ore third orrfie first;. , t"•o or m -e Fo~r"-----'a=+-tcrr::i 3 c . of not ss Teer oL t ;· fine five ye~r by a mandator- nt of not 1 more eonvietlons, - by impnsonme 11 firearms tflan $1,000, or or botfl, and a_ lations h' ty days, f such vie tflan t irhe commission o band to be used int 'dered contra h· tfle State. be eonsi d of -Y d sflall -- t and dispose- lty impose forfeited o an& otfler pena SlOO sflall Ile d'tion to 1 f' (bl In ad~i mandatoryin der tflis this section, a.;leqally taken u: 11 be levied un>..Ld::1.,:e::,._;rF--= h bird l± " f $500 s ..a t r ie..ied for eac dakop.;r fine o der this chap e. ± manu t , I unu r f eflapter and a 1 illegally ta,::nes collected~:: for eaefl mammad. position of ming wildh <e) Tfleis ,. •sions eonee tion 183B "iolations i of hthe++pro be Vi . to HRS sub3eet see • n s .. eonservatio 10.5. onioeo 'd d bv1 law, the otherwise prv and collect rd) E><eept as t eflarge, - . to recover ,u d to so, 1 action c r • es t co oL . board is autflorize c· or~hring lega nt r pa~ent • istrative cin-- f tfle depar-me ~es resulting a-in • costs o- et damay any -inistrative h cost to eorre 4 f title 12 or a~. f r t-e ~ ·tie . · es damages ~r =·on of HRS O subti dministratlve frn ,.iola l The a. from a , t d thereunder. •••• of not more rule adop e HO',s: . by a <rn h 11 be as fo '. t niolation, s a For a firs V -B-+ than $10,000; 18 -f-2-t For a second violation within five years of a previous violation, by a fine of not more than $15,000; and -f-3+ For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000. (e) In addition, an administrative fine of up to $5,000 may be levied for each specimen of [wildlife] indigenous wildlife or introduced wild bird, eHcept those introduced wild birds listed as injurious wildlife in E,chibit 5 of this chapter, taken, killed, injured, or damaged in violation of HRS subtitle 4 of title 12 or any rule adopted thereunder. (f) ~ny criminal action against a person for any violation of HRS subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of HRS subtitle 4 of title 12 or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person. (g) ~ny 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 HRS section 199 7 and chapter 712~.] [Eff 3/22/82; am and comp 8/28/86 ; comp 3/2/98 ; am and comp 2/27/2015] (Auth: HRS §§183D- 3 , 183D-5, 183D-10. 5, 183D-12, 199-7, 712A-4, 712A- 6) (Imp: HRS §§183D- 3 , 183D-5, 183D-10.5, 183D- 12, 199- 7, 712A-4, 712A- 6)