THE SENATE	S.B. NO.	1367
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to WILDLIFE.

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

     SECTION 1.  The legislature finds that Hawaii has an urgent need to reduce the number of wild ungulates (i.e., free-roaming hooved mammals), including wild pigs, goats, sheep, and deer.  The hunting program that imposed shooting restrictions on these animals was created in the 1950's based on a model of game management used on the mainland, but these policies have proven inadequate to control introduced animal populations in Hawaii.  As a result, wild ungulate populations in Hawaii have exploded and animals continue to damage crops and other private property, degrade watersheds, and destroy native plants and animals on all islands.  Populations of wild ungulates continue to grow in number and expand in territorial range. At the same time, hunters are being denied many opportunities to hunt because of restrictions on hunting days and limits on maximum allowed take.

     The legislature further finds that restrictions should be removed on the hunting of wild ungulates to allow for greater control of ungulate populations to protect and preserve watershed function, agriculture, personal property, traffic safety, and native species of plants and animals and their habitats.  The legislature acknowledges concerns that fewer hunting restrictions could lead to the eradication of ungulate species.  However, there is a large body of research demonstrating that these species are extremely difficult to control or eradicate once established, and the legislature finds that wild ungulates exist in sufficient numbers to sustain recreational hunting practices despite the removal of hunting restrictions.  The legislature further finds that the codified term "game mammal" effectively creates a protected class of species that does not need protection but rather greater control.

     Accordingly, the purpose of this Act is to remove restrictions on the hunting of wild ungulates in order to control their populations.

     SECTION 2.  Chapter 142, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§142-  Wild ungulates; destruction allowed. (a)  No person shall be prohibited from causing the destruction of a wild ungulate in a manner not prohibited by law. 

(b)  Nothing in this section shall permit the taking, catching, pursuing, or killing of any animal in the legal possession or control of any person, or where otherwise prohibited by law or by rule of the department.

(c)  For the purposes of this section, "wild ungulate" means any hooved mammal living in a wild or feral state, including but not limited to deer (family Cervidae), goat (Capra hircus), sheep (genus Ovis), and pig (Sus scrofa)."

     SECTION 3.  Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183D-  Disturbing indigenous animals in forest reserve; prohibited. The hunting, fishing, trapping, or disturbing of any indigenous animal in a forest reserve is prohibited; provided that the hunting, fishing, trapping, or disturbing of any game bird or game fish in a forest reserve is prohibited except as permitted by rule.

As used in this section, "indigenous animal" means any species of wildlife or aquatic life living naturally in Hawaii without having been brought to Hawaii by humans."

     SECTION 4.  Section 134-5, Hawaii Revised Statutes, is amended to read as follows:

"§134-5  Possession by licensed hunters and minors; target shooting; game hunting.  (a)  Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II.  A hunting license shall not be required for persons engaged in target shooting.

     (b)  A permit shall not be required when any lawfully acquired firearm is lent to a person, including a minor, upon a target range or similar facility for purposes of target shooting; provided that the period of the loan does not exceed the time in which the person actually engages in target shooting upon the premises.

     (c)  A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting [game mammals,] wild ungulates, if that [pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that] person is licensed pursuant to part II of chapter 183D.  The pistol or revolver may be transported in an enclosed container, as defined in section 134-25 in the course of going to and from the place of the hunt, notwithstanding section 134-26.

(d)  For the purposes of this section, "wild ungulate" means any hooved mammal living in a wild or feral state, including but not limited to deer (family Cervidae), goat (Capra hircus), sheep (genus Ovis), and pig (Sus scrofa)."

     SECTION 5.  Section 183D-1, Hawaii Revised Statutes, is amended by:

     (1)  Deleting the definition of "game mammals":

     [""Game mammals" means mammals designated by law or by rule for hunting."]

     (2)  Amending the definition of "wild mammals" to read as follows:

     ""Wild mammals" means mammals[, other than game mammals,] living in a wild and undomesticated state, and the young of those mammals."

     (3)  Adding a new definition to be appropriately inserted and to read as follows:

     ""Wild ungulate" means any hooved mammal living in a wild or feral state, including but not limited to deer (family Cervidae), goat (Capra hircus), sheep (genus Ovis), and pig (Sus scrofa)."

     SECTION 6.  Section 183D-3, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-3  Rules.  Subject to chapter 91, the department shall 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)  Protecting, conserving, monitoring, and propagating native wildlife and game birds, and harvesting [wildlife;] game birds;

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

     (4)  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 7.  Section 183D-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For the purposes of this section:

     "Game management area" means an area so designated by either executive order, rule, cooperative agreement, or action of the board of land and natural resources that has been set aside for the primary purpose of managing, sustaining, and enhancing habitat and populations of [game mammals and/or] game birds[,] and providing public hunting and, secondarily, for other compatible uses.

     "Public hunting area" means those lands designated by the board of land and natural resources as areas where the public may hunt game birds and [mammals,] other animals, including:

     (1)  Game management areas;

     (2)  Forest reserves and surrendered lands;

    [(3) Natural area reserves;

(4)] (3)  Restricted watersheds;

    [(5)] (4)  Cooperative game management areas;

    [(6)] (5)  Military training areas;

    [(7)] (6)  Unencumbered state lands; and

    [(8) Designated sanctuaries; and

(9)] (7)  Other lands designated by the board."

     SECTION 8.  Section 183D-21, Hawaii Revised Statutes, is amended to read as follows:

"§183D-21  Hunting licenses required.  No person shall hunt, pursue, kill, or take any game bird or [mammal] wild ungulate without first procuring a hunting license; provided that section 183D-32 to the contrary notwithstanding, no license shall be required of persons who may be authorized in writing by the board to destroy game birds or [game mammals] wild ungulates injurious to forest growth or agriculture, or that constitute a nuisance or a health hazard."

     SECTION 9.  Section 183D-61, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

     "§183D-61  Permits to take wild birds[,] and game birds[, and game mammals]. (a)  Notwithstanding the provisions contained in this chapter, the department may adopt rules pursuant to chapter 91:

     (1)  Authorizing the taking and collecting of wild birds[,] and game birds[, and game mammals] for scientific and educational purposes, or for the purpose of distributing wild birds to different localities in the State pursuant to this title;

     (2)  Authorizing the keeping of wild birds in captivity for the protection, treatment for injury or disease, propagation, and other similar purposes consistent with the preservation, protection, and conservation of wild birds;

     (3)  Authorizing the taking and destruction of those wild birds[,] and game birds[, and game mammals] the department may have found after investigation to be destructive to crops or to other game birds [and game mammals] or otherwise harmful to agriculture or aquaculture, or to constitute a nuisance or a health hazard; or

     (4)  Authorizing without requiring permits or reports, the destruction within a district of wild birds[,] and game birds[, and game mammals] which are generally destructive to crops or otherwise harmful to agriculture or aquaculture, or constitute a nuisance or a health hazard within the district."

     SECTION 10.  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 or other animals deemed harmful to wildlife or aquatic life by the department may be destroyed by any means deemed necessary by the department."

     SECTION 11.  Section 142-91, Hawaii Revised Statutes, is repealed.

     ["§142-91  Destruction of animals ferae naturae.  (a)  No person shall shoot or otherwise destroy any animal ferae naturae or its progeny within ten years of the introduction of the species into the State.

(b)  Nothing in this section shall be construed to prohibit the destruction of such animals as shall be proved to be common nuisances."]

     SECTION 12.  Section 183D-27, Hawaii Revised Statutes, is repealed.

     ["§183D-27  Night hunting on private lands; prohibition.  Notwithstanding section 183D-26, no person shall take or pursue any game bird, game mammal, wild bird, or wild mammal at night on privately owned lands, except as authorized by the department pursuant to section 183D-61.  For the purpose of this section, "night" means the period between one-half hour after sunset and one-half hour before sunrise."]

     SECTION 13.  Section 183D-51, Hawaii Revised Statutes, is repealed.

     ["§183D-51  Game mammals defined; exception.  (a)  For the purposes of enforcing the wildlife laws of the State the following named mammals are hereby designated as game mammals when living in a wild or feral state not under domestication: deer (family Cervidae), pronghorn (family Antilocapridae), goat (Capra hircus), sheep (Ovis aries), cattle (Bos taurus), pig (Sus scrofa), and any other mammal that may be or has been introduced into the State and released for hunting and for which a hunting season is established by law or by rule of the department.

(b)  Nothing in this section shall permit the taking, catching, pursuing, or killing of any mammal in the legal possession or control of any person, or where otherwise prohibited by law or by rule of the department."]

     SECTION 14.  No later than December 31, 2011, the department of land and natural resources shall adopt rules pursuant to chapter 91 to implement the amendments to the Hawaii Revised Statutes made by this Act.

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Game Mammals; Hunting

Description:

Repeals definition of "game mammal" and removes restrictions on the hunting of these animals.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.