Prohibits DLNR, from using poisons, snares, leghold traps or traps that are unattended or designed to injure, to capture, or kill game animals except as a last resort and make the use of those devices and methods a misdemeanor offense under the penal code.

A BILL FOR AN ACT

SECTION 1. Snares, poisons, and unattended traps are sometimes used by state agencies and private individuals and groups for the control of game animal populations, especially under circumstances in which those populations are suspected or known to interfere with endangered species management. Death of the trapped or poisoned animal is often slow and painful, from shock, dehydration, starvation, and infection. The legislature finds that the use of these modalities to control game animal populations is exceptionally cruel.

Moreover, because these control methods are not specific management tools, animal species other than those intended may also be maimed or killed. The legislature also finds that, at present, other more humane and effective population control alternatives are not fully utilized. The legislature declares that inhumane treatment of one animal species for the sake of protecting others is unconscionable.

The purpose of this Act is to prohibit any person, except the department of land and natural resources as a last resort, from using snares, poisons, or traps that are unattended or designed to injure, for the purpose of trapping or killing game animals, and to make the use of those devices or methods a misdemeanor offense under the penal code. Furthermore, this Act requires that adequate written records be kept as to when and where the poison, traps, and snares were used and how often these devices were checked.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§7ll-   Cruelty to game animals. (1) A person commits the offense of cruelty to game animals if the person uses poison, snares, unattended traps, leg-hold traps or traps that are primarily designed to injure, for the purpose of capturing or killing game animals.

(2) This section shall not apply to:

(3) As used in this section, unless the context otherwise requires, "game animals" means animals designated by law or by rule for hunting.

(4) Violation of this section shall be a misdemeanor."

SECTION 3. Section 183D-65, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) On any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the department, predators deemed harmful to wildlife by the department may be destroyed by any means deemed necessary by the department[.]; provided that:

SECTION 4. Section 195D-5, Hawaii Revised Statutes, is amended to read as follows:

"§195D-5 Conservation programs. (a) The department shall conduct research on indigenous aquatic life, wildlife, and land plants, and on endangered species and their associated ecosystems, and shall utilize the land acquisition and other authority vested in the department to carry out programs for the conservation, management, and protection of such species and their associated ecosystems. In addition, the department [is hereby authorized to] may acquire by purchase, donation or otherwise, lands or interests therein needed to carry out the programs relating to the intent and purpose of this chapter.

(b) The office of the governor shall review other programs administered by the department and, to the extent practicable, utilize [such] those programs in furtherance of the purposes of this chapter. The governor or the governor's authorized representative shall also encourage all federal agencies to utilize their authority in furtherance of the purposes of this chapter. All other state agencies shall use their authority in furtherance of the purposes of this chapter by:

In carrying out programs authorized by this chapter, the department may enter into agreements with federal agencies, counties, private landowners, and organizations for the administration and management of any area or facility established under section 195D-21 or 195D-22, or public lands utilized for conserving, managing, enhancing, or protecting indigenous aquatic life, wildlife, land plants, threatened and endangered species, and their habitat.

(c) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies and with the counties for administration and management of any area established under this section, or utilized for conserving, managing, enhancing, or protecting indigenous aquatic life, wildlife, land plants, and endangered species.

(d) In carrying out programs authorized by this section, priority shall be given to the conservation and protection of those endangered aquatic life, wildlife, and land plant species and their associated ecosystems, whose extinction within the State would imperil or terminate, respectively, their existence in the world.

(e) The department shall coordinate with the natural area reserves commission and the animal species advisory commission all research, investigations, lists of indigenous and endangered aquatic life, wildlife, and land plants, and programs for the conservation, management, enhancement, and protection of species that are authorized by this chapter.

(f) The department may permit, under terms and conditions adopted by rule, the taking, possession, transportation, or exportation of any indigenous aquatic life, wildlife, or land plant on the endangered species list for scientific purposes and for propagation of [such] those species in captivity for preservation purposes.

(g) In carrying out programs authorized under this section, the department shall not use poison, snares, unattended traps, leghold traps, or traps that are primarily designed to injure, to capture, or kill game animals; provided that:

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.