Report Title:

Hunting Wildlife; Prohibited Acts

Description:

Prohibits and establishes as a misdemeanor: (1) The possessing or using of a snare to hunt or take wildlife; (2) The using of bait to hunt or take wildlife; and (3) The taking of wildlife for the purpose of keeping as a pet.

HOUSE OF REPRESENTATIVES	H.B. NO.	199
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to wildlife.

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

     SECTION 1.  Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183D-   Prohibited acts. Notwithstanding any law to the contrary, it shall be unlawful to:

(1) Possess or use a snare to hunt or take wildlife;

(2) Use bait to hunt or take wildlife; or

(3) Take wildlife for the purpose of keeping the wildlife as a pet."

     SECTION 2.  Section 183D-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Bait" means the laying of food in a hunting area, whether or not used in conjunction with any device, to attract game, game birds, game mammals, predators, wild birds, wildlife, or wild mammals.

"Snare" means a contrivance consisting of a noose for entangling game, game birds, game mammals, predators, wild birds, wildlife, or wild mammals."

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

     "(b)  Any person violating section 183D-  , 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 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 or snares 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 or snares used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2010.

INTRODUCED BY:

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