REPORT TITLE:
Cruelty to Game Animals


DESCRIPTION:
Prohibits DLNR, unless public hunting has demonstrably failed to
achieve the desired animal control, from using poisons, snares,
or traps which are unattended or designed to injure, to capture
or kill game animals and makes use of those devices and methods a
misdemeanor offense under the Penal Code.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           858
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRUELTY TO ANIMALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Snares, poisons, and unattended traps are
 
 2 sometimes used by state agencies and private individuals and
 
 3 groups for the control of game animal populations, especially
 
 4 under circumstances in which those populations are suspected or
 
 5 known to interfere with endangered species management.  Death of
 
 6 the trapped or poisoned animal is often slow and painful, from
 
 7 shock, dehydration, starvation, and infection.  The legislature
 
 8 finds that the use of those modalities to control game animal
 
 9 populations is exceptionally cruel.
 
10      Moreover, because those control methods are not specific
 
11 management tools, animal species other than those intended may
 
12 also be maimed or killed.  The legislature finds that at present,
 
13 other more humane and effective population control alternatives
 
14 are not fully utilized.  The legislature declares that inhumane
 
15 treatment of one animal species for the sake of protecting others
 
16 is unconscionable.
 
17      The purpose of this Act is to prohibit the department of
 
18 land and natural resources, unless public hunting has
 
19 demonstrably failed to achieve the desired animal control, from
 

 
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 1 using snares, poisons, or traps which are unattended or designed
 
 2 to injure, for the purpose of trapping or killing game animals,
 
 3 and making use of those devices or methods a misdemeanor offense
 
 4 under the penal code.
 
 5      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
 
 6 by adding a new section to be appropriately designated and to
 
 7 read as follows:
 
 8      "§711-      Cruelty to game animals.  (1)  A person commits
 
 9 the offense of cruelty to game animals if the person uses poison,
 
10 snares, unattended traps, or traps which are primarily designed
 
11 to injure, for the purpose of capturing or killing game animals.
 
12      (2)  This section is not applicable to accepted veterinary
 
13 practices, activities carried on for scientific research governed
 
14 by standards of accepted educational or medicinal practices, or
 
15 to the actions of duly authorized agents of the department of
 
16 land and natural resources when using poison, snares, unattended
 
17 traps or traps which are primarily designed to injure to capture
 
18 or kill game animals; provided that the use by the agents of the
 
19 department of poison, snares, unattended traps or traps which are
 
20 primarily designed to injure shall only take place after public
 
21 hunting has demonstrably failed to achieve the desired animal
 
22 control.
 
23      (3)  As used in this section, unless the context otherwise
 

 
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 1 requires, "game animals" means animals designated by law or by
 
 2 rule for hunting.
 
 3      (4)  Violation of this section shall be a misdemeanor."
 
 4      SECTION 3.  Section 183D-65, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  On any game management area, public hunting area, or
 
 7 forest reserve or other lands under the jurisdiction of the
 
 8 department, predators deemed harmful to wildlife by the
 
 9 department may be destroyed by any means deemed necessary by the
 
10 department[.]; provided that the department shall not use poison,
 
11 snares, unattended traps, or traps which are primarily designed
 
12 to injure, for the purpose of capturing or killing game animals
 
13 unless the use occurs after public hunting has demonstrably
 
14 failed to achieve the desired animal control."
 
15      SECTION 4.  Section 195D-5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§195D-5 Conservation programs.(a)  The department shall
 
18 conduct research on indigenous aquatic life, wildlife, and land
 
19 plants, and on endangered species and their associated
 
20 ecosystems, and shall utilize the land acquisition and other
 
21 authority vested in the department to carry out programs for the
 
22 conservation, management, and protection of such species and
 
23 their associated ecosystems.  In addition, the department [is
 

 
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 1 hereby authorized to] may acquire by purchase, donation, or
 
 2 otherwise, lands or interests therein needed to carry out the
 
 3 programs relating to the intent and purpose of this chapter.
 
 4      (b)  The office of the governor shall review other programs
 
 5 administered by the department and, to the extent practicable,
 
 6 utilize such programs in furtherance of the purposes of this
 
 7 chapter.  The governor or the governor's authorized
 
 8 representative shall also encourage all federal agencies to
 
 9 utilize their authority in furtherance of the purposes of this
 
10 chapter.  All other state agencies shall use their authority in
 
11 furtherance of the purposes of this chapter by:
 
12      (1)  Carrying out programs for the protection of threatened
 
13           and endangered species; and
 
14      (2)  Taking such action as may be necessary to ensure that
 
15           actions authorized, funded, or carried out by them do
 
16           not jeopardize the continued existence of threatened or
 
17           endangered species.
 
18      In carrying out programs authorized by this chapter, the
 
19 department may enter into agreements with federal agencies,
 
20 counties, private landowners, and organizations for the
 
21 administration and management of any area or facility established
 
22 under section 195D-21 or 195D-22, or public lands utilized for
 
23 conserving, managing, enhancing, or protecting indigenous aquatic
 

 
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 1 life, wildlife, land plants, threatened and endangered species,
 
 2 and their habitat.
 
 3      (c)  In carrying out programs authorized by this section,
 
 4 the department may enter into agreements with federal agencies
 
 5 and with the counties for administration and management of any
 
 6 area established under this section, or utilized for conserving,
 
 7 managing, enhancing, or protecting indigenous aquatic life,
 
 8 wildlife, land plants, and endangered species.
 
 9      (d)  In carrying out programs authorized by this section,
 
10 priority shall be given to the conservation and protection of
 
11 those endangered aquatic life, wildlife, and land plant species
 
12 and their associated ecosystems, whose extinction within the
 
13 State would imperil or terminate, respectively, their existence
 
14 in the world.
 
15      (e)  The department shall coordinate with the natural area
 
16 reserves commission and the animal species advisory commission
 
17 all research, investigations, lists of indigenous and endangered
 
18 aquatic life, wildlife, and land plants, and programs for the
 
19 conservation, management, enhancement, and protection of species
 
20 that are authorized by this chapter.
 
21      (f)  The department may permit, under terms and conditions
 
22 adopted by rule, the taking, possession, transportation, or
 
23 exportation of any indigenous aquatic life, wildlife, or land
 

 
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 1 plant on the endangered species list for scientific purposes and
 
 2 for propagation of such species in captivity for preservation
 
 3 purposes.
 
 4      (g)  In carrying out programs authorized under this section,
 
 5 the department shall not use poison, snares, unattended traps, or
 
 6 traps which are primarily designed to injure, for the purpose of
 
 7 capturing or killing game animals unless public hunting has
 
 8 demonstrably failed to achieve the desired animal control."
 
 9      SECTION 5.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 6.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________