HOUSE OF REPRESENTATIVES	H.C.R. NO.	84
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE ADOPTION OF LAWS TO REQUIRE WRITTEN PERMISSION FROM THE LANDOWNER IN ORDER TO HUNT ON PRIVATE LANDS.

     WHEREAS, farmers and ranchers have continually experienced problems, including damage and injury caused by trespassing hunters, yet despite section 663-10.99, HRS they feel they have no recourse against them and are defenseless against claims by the trespassers for incidents on private land despite the trespassers' illegal entry; and

     WHEREAS, poaching and agricultural theft have escalated over the years and must be better controlled through proper enforcement and strict sentencing; and

     WHEREAS, trespassing hunters also present safety issues for the farmers, ranchers, their families, and workers; and

     WHEREAS, existing laws inadequately protect private landowners from bodily injury and damage to property, livestock, and crops as a result of entry onto private property by trespassers engaged in hunting with firearms; and

     WHEREAS, private landowners are willing to work with licensed hunters who often assist the landowners in controlling the population of feral ungulates such as pigs, goats, and deer that damage the environment; and

     WHEREAS, requiring written permission from private landowners for hunting or other legitimate purposes is the very least that should be done to address the ongoing concerns of property owners relating to trespass; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Abercrombie Administration consider initiating legislation to require written permission from landowners in order to hunt on private lands;

     BE IT FURTHER RESOLVED that the Administration consider the appropriateness of amendments to Section 183D-26, HRS, including but not limited to requiring written permission to hunt on private lands, and removing the requirement that a landowner file a sworn complaint before prosecution may be brought under that section;

     BE IT FURTHER RESOLVED that the Administration consider the appropriateness of amendments to Section 708-813, HRS, including but not limited to removing the provision that trespass is unlawful only if committed on lands that are fenced or enclosed in a manner to exclude intruders and including that a person commits criminal trespass in the first degree if they enter or remain unlawfully on private property at night while in possession of a firearm; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor of the State of Hawaii, the Chairperson of the Board of Land and Natural Resources, the Attorney General, and the Mayors and Councils of the Counties.

Report Title: 

Hunting; Trespass on Private Lands; Written Permission