HOUSE OF REPRESENTATIVES

H.B. NO.

893

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to hunting on private lands.

 

 

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

 


     SECTION 1.  The legislature finds that existing provisions in the law are inadequate to deter persons with firearms or other weapons from trespassing on lands and potentially causing bodily injury to others, or damage to property, livestock, and crops.  These occurrences have been especially egregious on farms and ranches.

     The purpose of this Act is to require persons who wish to access private land for hunting to obtain prior written permission from the landowner.  The legislature declares that this Act shall not restrict constitutionally protected Native Hawaiian gathering rights, but is intended to ensure the safety of all persons and property involved.

     SECTION 2.  Section 183D-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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."

     SECTION 3.  Nothing in this Act shall be construed to infringe on the traditional and customary rights set forth in article XII, section 7, of the Hawaii State Constitution.

     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.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hunting on Private Lands; Written Permission

 

Description:

Requires hunters to obtain prior written permission from landowners, occupiers, or holders of private lands to hunt on private lands.  Does not affect Native Hawaiian gathering rights.

 

 

 

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