CHAPTER 195D

CONSERVATION OF AQUATIC LIFE, WILDLIFE, AND

LAND PLANTS

 

Part I. General Provisions

Section

195D-1 Findings and declaration of necessity

195D-2 Definitions

195D-3 Determination by the department relating to

conservation of particular species

195D-4 Endangered species and threatened species

195D-4.5 Taking a monk seal prohibited

195D-5 Conservation programs

195D-5.1 Protection of Hawaii's unique flora and fauna

195D-5.5 Products to support the environment

195D-6 Rules

195D-6.5 Interim rulemaking

195D-7 Enforcement

195D-8 Search and seizure

195D-9 Penalty

195D-10 Severability

 

Part II. Recovery

195D-21 Habitat conservation plans

195D-22 Safe harbor agreements

195D-23 Incentives

195D-24 Confidentiality

195D-25 Endangered species recovery committee

195D-26 Annual report; endangered species

195D-27 Repealed

195D-28 Relation of chapter to other laws

195D-29 Release or establishment of endangered or

threatened species outside its current range

195D-30 Net gain in recovery of species

195D-31 Trust fund

195D-32 Citizen suits

 

Note

 

Chapter heading amended by L 1983, c 111, 1.

Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2022 or until completion. L 2012, c 218; L 2017, c 48.

 

Cross References

 

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

 

Attorney General Opinions

 

Threatened and endangered plants are protected on Hawaiian home lands under the provisions of this chapter, as well as under the provisions of the federal Endangered Species Act of 1973, to the same extent that the plants are protected elsewhere in Hawaii. Anyone who "takes" threatened or endangered plants on Hawaiian home lands is subject to state and federal civil and criminal penalties. Att. Gen. Op. 95-5.

 

Case Notes

 

Chapter does not provide basis for private right of action to stop building of highway. 538 F. Supp. 149.

 

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