Report Title:

Hunting; Department of Land and Natural Resources

Description:

Authorizes the board and department of land and natural resources to make decisions and changes relating to hunting issues without adopting rules pursuant to Administrative Procedure Act.  (HB2956 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2956
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HUNTING.

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

SECTION 1.  In Tanaka v. State of Hawaii, Department of Land and Natural Resources, 2007 WL 4572956 (Haw. App. 2007), the intermediate court of appeals reversed a decision of the circuit court and thereby indicated that the board of land and natural resources and the department of land and natural resources do not have flexibility and authority to take certain actions relating to hunting except through the rulemaking process.

The legislature finds that the board of land and natural resources and the department of land and natural resources need to be able to react quickly to changing conditions relating to hunting.  The legislature further finds that the interest of the public in understanding certain hunting issues and having input into these issues can be fully accommodated by allowing decisions on these issues to be made by the board at its duly noticed regular meetings.

The purpose of this Act is to authorize the board of land and natural resources and the department of land and natural resources to make decisions and changes with respect to certain hunting issues, without adopting rules pursuant to chapter 91, Hawaii Revised Statutes.

     SECTION 2.  Section 183D-2, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-2  Powers and duties of department.  The department shall:

     (1)  Manage and administer the wildlife and wildlife resources of the State;

     (2)  Enforce all laws relating to the protecting, taking, hunting, killing, propagating, or increasing the wildlife within the [State] state and the waters subject to its jurisdiction;

     (3)  Establish and maintain wildlife propagating facility or facilities;

     (4)  Subject to the provisions of title 12, import wildlife for the purpose of propagating and disseminating the same in the [State] state and the waters subject to its jurisdiction;

     (5)  Distribute, free of charge, as the department deems to be in the public interest, game for the purpose of increasing the food supply of the State; provided that when in the discretion of the department the public interest will not be materially interfered with by so doing, the department may propagate and furnish wildlife to private parties, upon such reasonable terms, conditions, and prices as the department may determine;

     (6)  Ascertain, compile, and disseminate, free of charge, information and advice as to the best methods of protecting, propagating, and distributing wildlife in the [State] state and the waters subject to its jurisdiction;

     (7)  Gather and compile information and statistics concerning the area, location, character, and increase and decrease of wildlife in the [State;] state;

     (8)  Gather and compile information concerning wildlife recommended for release in different localities, including the care and propagation of wildlife for protective, productive, and aesthetic purposes and other useful information, which the department deems proper;

     (9)  Have the power to manage and regulate all lands which may be set apart as game management areas, public hunting areas, and wildlife sanctuaries;

    (10)  Pursuant to section 183D-65 of this chapter, destroy predators deemed harmful to wildlife;

    (11)  Formulate, and from time to time recommend to the governor and legislature, such additional legislation necessary or desirable to implement the objectives of title 12; [and]

    (12)  Preserve, protect, and promote public hunting[.]; and

(13) Notwithstanding any administrative rules now in existence pertaining to game bird and mammal hunting, establish and change as conditions warrant, size limits, bag limits, hunting days, open and closed seasons, specifications of hunting gear that may be used or possessed, and special conditions for hunting, not less than thirty days after public notice, through board action not subject to chapter 91."

     SECTION 3.  Section 183D-3, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-3  Rules.  Subject to chapter 91, the department [shall] may adopt, amend, and repeal rules:

    [(1)  Concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department;

(2)] (1)  Protecting, conserving, monitoring, propagating, and harvesting wildlife;

(2) Establishing criteria for the issuance of public hunting licenses and general conditions for public hunting; and

    [(3)  Concerning size limits, bag limits, open and closed seasons, and specifications of hunting gear which may be used or possessed; and

(4)] (3)  Setting fees for activities permitted under this chapter, unless otherwise provided for by law.

The rules may vary from county to county or in any part of the county [and may specify certain days of the week or certain hours of the day in designating open seasons], except that any fees established by rule shall be the same for each county.  All rules shall have the force and effect of law."

     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.