SB3320

THE SENATE	S.B. NO.	3320
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

Relating to feral pig control permits.

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

SECTION 1. The legislature finds that residents of Hawaii, especially those living in rural areas, should be allowed to protect their property from wildlife that can damage property and endanger persons. Destructive or dangerous wildlife, particularly feral pigs, pose a threat to crops, indigenous plants and wildlife, and are often hazardous to human health and safety.

The legislature further finds that, the process for acquiring the necessary permits to eradicate feral pigs on private property is often difficult and cumbersome. Creating an expedited process for acquiring permits to eradicate feral pigs would better allow landowners to protect their property and persons.

The purpose of this Act is to codify an expedited process for acquiring permits to eradicate feral pigs on private property.

SECTION 2. Section 183D-61, Hawaii Revised Statutes, is amended to read as follows:

"§183D-61 Permits to take wild birds, 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, 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, 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, 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].

(b) The department shall issue permits for the destruction or control of feral pigs that have caused or are likely to cause substantial damage to privately owned land, agricultural or aquacultural crops, indigenous plants or wildlife, or that pose a threat to human health and safety; provided that:

(1) No permit or report shall be required to destroy or control feral pigs on privately owned land when the landowner is otherwise in compliance with department rules adopted pursuant to section 183D-3;

(2) An authorized agent of the department shall investigate a complaint regarding feral pigs that have caused or are likely to cause substantial damage to privately owned land and, if the authorized agent is satisfied that substantial damage has occurred or is likely to occur, a permit shall be granted;

(3) An authorized agent shall have no more than ninety days to investigate the complaint and issue the permit or notify the applicant why the permit was not issued after the complaint has been made;

(4) Applicants may appeal the decision of the authorized agent to the department if the permit is not issued within ninety days;

(5) Permits shall state the species and may specify the number to be destroyed and the method of control to be used; and

(6) Permits may include other terms and conditions as the department deems to be necessary and appropriate.

(c) The department shall authorize, without requiring permits or reports, the destruction or control of feral pigs in a given area which are generally destructive to crops or otherwise harmful to agriculture or aquaculture, or constitute a nuisance or a health hazard in that area.

[~~(b)~~] (d) Except as provided in [~~subsection (a)(4),~~] subsections (b) and (c) the rules shall require the person or persons seeking authority to apply for and obtain a written permit from the department. The permits may prescribe terms and conditions the department deems necessary to prevent abuse of the authority granted thereby, and may be canceled by the department, after notice and hearing, for the violation of any term or condition."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________