Bill Text: HI SB2546 | 2024 | Regular Session | Amended
Bill Title: Relating To Hunting Guides.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2024-04-15 - Received notice of Senate conferees (Sen. Com. No. 678). [SB2546 Detail]
Download: Hawaii-2024-SB2546-Amended.html
THE SENATE |
S.B. NO. |
2546 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HUNTING GUIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that guided hunting tours help manage game populations, provide a livelihood for hunting guides, and help drive Hawaii's economy. The legislature further finds that, with the rising popularity of guided hunting tours, some hunting guides are taking their clients to hunt on private lands without obtaining permission from the landowners, and landowners have alarmingly witnessed unknown persons walking on their land with guns or other weapons. While existing law prohibits hunters from hunting on private lands without first obtaining permission from the landowner, some hunting guides misrepresent to their clients that they have obtained verbal permission from the landowner, leading to disagreements and allegations of trespassing, which damages the reputation of the State's guided hunting tour industry.
The purpose of this Act is to require hunting guides to:
(1) Obtain written permission from the owners of private lands before taking their clients to hunt on the private land; and
(2) Submit a copy of the written permission to the department of land and natural resources as part of their annual reports.
SECTION 2. Section 183D-25.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Hunting guides shall [provide] submit
an annual report of their guide activities to the department [of
their guide activities that] within thirty days after the expiration of
their hunting guide licenses issued pursuant to this section. The annual report 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]:
(1) The number of clients served;
(2) The clients' residency status;
(3) The location of each guided hunt;
(4) A copy of the written permission
from the owner or duly appointed agent of the land or premises effective at the
time of the guided hunt that was issued to the hunting guide pursuant to
section 183D-26(b) for each guided hunt that occurred on private land; and
(5) Other information as required by the
department.
Failure to submit an annual report within the time specified shall be grounds for the revocation and nonrenewal of the hunting guide license."
SECTION 3. 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 permission from the owner or a duly appointed agent[, if];
provided that the owner is the occupier or holder[, or if] of the
land or premises; provided further that if the owner has let another occupy
or hold the [same, without having first obtained] land or premises,
the permission [of] shall be obtained from the occupier or holder
[thereof], or the duly appointed agent of the occupier or holder[.]
of the land or premises.
(b) Hunting guides licensed pursuant to section 183D-25.5
shall first obtain the permission required in subsection (a) in writing before
guiding clients upon private lands.
[(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]; provided that
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] a member of the partnership."
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, 3000.
Report Title:
DLNR; Hunting Guides; Private Land; Annual Reports; Written Permission
Description:
Requires hunting guides who take their clients to hunt on private lands to first obtain written permission from the owner of the private land, or occupier or holder, where appropriate. Requires hunting guides to provide copies of the written permissions obtained to hunt on private lands as part of their annual reports to the Department of Land and Natural Resources. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.