Bill Text: HI HB1921 | 2020 | Regular Session | Amended
Bill Title: Relating To Hunting.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB1921 Detail]
Download: Hawaii-2020-HB1921-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1921 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HUNTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 183D-25.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§183D-25.5[]]
Hunting guides; licensing and reporting requirements. (a) No
person shall engage in the business of soliciting and guiding clients for the
purpose of taking any game bird or mammal without first procuring a hunting
guide license.
(b) A hunting guide license shall be issued to any person who possesses a valid state hunting license and registers with the department; provided that hunting guides shall provide service only to clients with a current state hunting license, unless the client is otherwise exempted by the department.
(c) Prior to guiding any client for the purpose
of hunting or taking any game bird or mammal on any land or premises belonging
to, held, or occupied by another, a hunting guide shall obtain written
permission from each landowner upon which the hunting guide engages in guide
activities. Hunting guides shall:
(1) Submit to the
department's division of forestry and wildlife the written permission form
obtained from the landowner based upon which the hunting guide engages in guide
activities;
(2) Provide the
department's division of forestry and wildlife with a comprehensive listing of
all lands or premises belonging to, held, or occupied by another, upon which
the hunting guide engages in guide activities; provided that this listing shall
include the street address or tax map key number of each parcel of land; and
(3) Carry a copy of
the written permission obtained and filed pursuant to this section at all times
when engaging in guide activities.
(d)
The department shall:
(1) Verify the land
owner listed on any written permission form or comprehensive listing submitted
pursuant to this section; and
(2) Mail a copy of
the written permission form and comprehensive listing to each landowner listed
on any written permission form or comprehensive listing submitted pursuant to
this section that includes the landowner's parcel of land.
[(c)] (e) Hunting guides shall provide an annual report
to the department of their guide activities that shall include the number of
clients served and the clients' residency status. The reports shall be submitted within thirty
days after the expiration of the hunting guide license issued pursuant to this
section. The failure to submit an annual
report within the time specified shall be grounds for the revocation and
nonrenewal of the hunting guide license."
SECTION 2. Section 183D-26, Hawaii Revised Statutes, is amended to read as follows:
"§183D-26 Hunting on private lands prohibited.
(a) No person shall enter upon any land or premises belonging to, held,
or occupied by another, for the purpose of hunting or to take any kind of
wildlife including game without first having obtained written permission
from the owner or a duly appointed agent, if the owner is the occupier or
holder, or if the owner has let another occupy or hold the same, without having
first obtained the written permission of the occupier or holder thereof,
or the duly appointed agent of the occupier or holder.
(b) Written permission obtained pursuant to
subsection (a) shall be filed with the department's division of forestry and
wildlife. Each person, while hunting or
taking any kind of game including wildlife on any land or premises belonging
to, held, or occupied by another, shall carry a copy of the written permission obtained
and filed pursuant to this section. The department shall:
(1) Verify the
landowner listed on any written permission form submitted pursuant to this
section; and
(2) Mail a copy of
the written permission form to each landowner listed on any written permission
form submitted pursuant to this section that includes the landowner's parcel of
land.
[(b)] (c) No prosecution shall be brought under this
section, except upon the sworn complaint of the owner, occupier, or holder of
the land or premises, or a duly appointed agent, or if the owner, occupier, or
holder is either a corporation or a partnership, then the complaint shall be
sworn to by an officer of the corporation or by one of the members of the
partnership."
SECTION 3. The division of forestry and wildlife of the
department of land and natural resources shall create and make available to the
public a written permission form that may be completed and filed in accordance with
this Act by any person engaged in hunting on private lands as an individual
hunter or serving as a hunting guide.
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
DLNR; Hunting; Wildlife; Private Lands
Description:
Requires any hunting guide or hunter to obtain and submit to the Department of Land and Natural Resources written permission from any private landowner upon which the hunting guide or hunter is engaged in guide or hunting activities. Requires the Division of Forestry and Wildlife of the Department of Land and Natural Resources to create and make available to the public a written permission form to be completed and filed by any hunting guide or hunter engaged in guide activities or hunting on private lands. Takes effect on 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
