HAR §13-300-41. Private possession of human remains

(a) There shall be a prohibition on the private possession of human skeletal remains over fifty years old knowingly removed or originating from a burial site in the State, except the department may authorize possession where: (1) Private archaeological firms curate human skeletal remains temporarily until reburial occurs; (2) A person is able to establish known lineal or cultural descent pursuant to section 13-300-35 to the human skeletal remains and wishes to possess or continue to possess the human skeletal remains or authorizes possession by a third person; (3) Possession of human skeletal remains is an ethnically acceptable practice; or (4) Human skeletal remains have been manufactured into artifacts prehistorically. (b) Unauthorized possession of human skeletal remains over fifty years old knowingly removed or originating from a burial site in the State shall not amount to a violation where the human skeletal remains are voluntarily turned over to the department within two years of the promulgation of this chapter. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §§6E-43, 6E-43.5, 6E- 43.6, 6E-11) §13-300-42 Illegal sale of human remains and burial goods and removal from the State. (a) It shall be unlawful for any person to offer for sale or exchange any exhumed human skeletal remains over fifty years old, or any associated burial goods. (b) It shall be unlawful for any person to remove from the jurisdiction of the State, any human skeletal remains over fifty years old, or any associated burial goods, without prior written authorization from the department. This section shall not apply to human skeletal remains fabricated into artifacts prehistorically. (c) Any person intending to remove from the jurisdiction of the State, any human skeletal remains or portions thereof over fifty years old, or any associated burial goods or both, shall submit a written request to the department including: (1) Specific reasons for removal; (2) A description of the lineal relationship if any, between the person requesting removal and the human skeletal remains; and (3) Written consent of any known lineal descendants. (d) The department shall review the request in consultation with any known lineal descendants, the council where the human skeletal remains are Native Hawaiian, and an appropriate ethnic organization where the remains are non Native Hawaiian. (e) The department shall have forty five days from the date of receipt of a request for removal of human skeletal remains over fifty years old or any associated burial goods or both, to grant or deny the request, unless the time is extended by mutual agreement. Where the department grants a request for removal, the written notification shall constitute the permit required by section 6E-12, HRS. (f) Any person violating this section and section 6E-12(b), HRS, shall be fined not more than $ 10,000, provided that for purposes of calculating a fine, each part of a human skeleton over fifty years old or associated burial good offered for sale or trade or removed from the jurisdiction of the State in violation shall constitute a distinct and separate offense for which the offender may be punished. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §6E-12)