SB1890

Report Title:

Hunting; Snares; Poison

Description:

Prohibits the use of snares or poison to capture or kill game birds of mammals. Also provides a misdemeanor penalty.

THE SENATE	S.B. NO.	1890
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

relating to hunting.

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

SECTION 1. The use of snares and poisons to control game animals is cruel, inhumane, and a waste of natural resources. Snared or poisoned animals suffer slow, painful deaths, caused by shock, dehydration, starvation, and infection. These animals are then left to rot. Other means of controlling these animals are available, such as hunting and baited cage traps. These methods allow the animals to be eaten or released to other areas. Snares and poisons are used mainly because they are inexpensive and do not require a lot of manpower. Cruel and inhumane methods should not be used just to save a little money.

Moreover, because such methods are not narrowly crafted, animals other than the ones targeted may be maimed or killed. The more humane and effective control methods are not being fully used. The inhumane treatment of one species for the protection of others is unconscionable.

The purpose of this Act is to:

(1) Prohibit the use of unattended snares or poisons by any private or governmental agency used to trap or kill game animals;

(2) Make the use of such methods a misdemeanor offense; and

(3) Encourage and promote the use of public hunting for the control of game animals where it is deemed necessary to reduce their numbers to an acceptable carrying capacity for the particular habitat.

SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183D- Snares; poison; prohibition. (a) The use of unattended snares or poison to capture or kill any game bird or mammal is prohibited.

(b) For the purposes of this section:

"Snare" means any device, not checked at least once in a twenty-four hour period, to capture or kill a game bird or mammal that uses a noose made of rope or other material that entangles or secures its prey.

SECTION 3. Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person violating section 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, [or] 183D-64, or 183D- , shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________