REPORT TITLE:
Outdoor Recreation 


DESCRIPTION:
Allows for hunting of game birds by residents of foreign
countries under certain circumstances.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        797
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO OUTDOOR RECREATION.



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

 1      SECTION 1.  Section 183D-22, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  A hunting license shall be issued to a person by an
 
 4 agent of the department upon:
 
 5      (1)  Written application in the form prescribed by the
 
 6           department;
 
 7      (2)  Payment of a hunting license fee or any other hunting
 
 8           related fee the board may require as provided in this
 
 9           chapter; except that payment of the fee shall be waived
 
10           for any employee of the department who is required to
 
11           have a license to carry out duties of the department;
 
12           and
 
13      (3)  Showing of a valid Hawaii hunter education certificate
 
14           or written exemption issued under section 183D-28[.] or
 
15           upon showing proof of completion of an approved hunter
 
16           education course described in section 183D-28(b)(2).
 
17 The application shall require a statement under oath of the
 
18 applicant's name, address, domicile or residence, length of
 
19 residence in the State, age, race, height, weight, and color of
 

 
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 1 hair and eyes."
 
 2      SECTION 2.  Section 183D-28, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (b) to read as follows:
 
 4      "(b)  A person who meets the minimum age requirements
 
 5 adopted pursuant to subsection (c) shall be exempt from the
 
 6 requirements of subsection (a) if the person:
 
 7      (1)  Was born before January 1, 1972, and at one time
 
 8           possessed a hunting license issued by the State;
 
 9           provided that the person shows satisfactory proof to
 
10           the department that the person had possessed the
 
11           hunting license; or
 
12      (2)  Has successfully completed a course or program of
 
13           hunter education and safety which is approved by the
 
14           International Hunter Education Association and meets
 
15           the requirements of chapter 12 of the United States
 
16           Fish and Wildlife Service Federal Aid Manual, as
 
17           revised; provided that the person shows satisfactory
 
18           proof [to the department] in the form of a certificate,
 
19           wallet card, or other document issued by a state [or],
 
20           province or country [agency] evidencing successful
 
21           completion of the course or program.
 
22 Upon application and satisfaction of the requirements of [either
 
23 paragraphs] paragraph (1) [or (2)], the department shall issue a
 

 
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 1 written exemption which shall be valid for the life of the
 
 2 person.  The department shall develop and maintain a list of
 
 3 approved hunter education courses described in paragraph (2) for
 
 4 reference by the public and license agents."
 
 5      SECTION 3.  Section 183D-34, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "183D-34  Private and commercial shooting preserve and
 
 8 farmer's license.(a)  For the purpose of encouraging private
 
 9 and commercial shooting preserves, game bird farming, and the
 
10 domestication and propagation of game birds, a license
 
11 authorizing the licensee to engage in the business of conducting
 
12 a private and commercial shooting game preserve, or breeding and
 
13 selling game birds, as limited in this section, shall be issued
 
14 by the department, pursuant to rules as may be adopted by the
 
15 department, to any responsible resident person duly applying
 
16 therefor.  The licenses shall expire on June 30 of each year.
 
17      (b)  Any other law to the contrary notwithstanding, a
 
18 commercial or private shooting preserve licensee may permit a
 
19 nonresident hunter to take game birds that are the exclusive
 
20 property of the private or commercial shooting preserve, pursuant
 
21 to section 183D-41, on a designated shooting preserve, without a
 
22 hunting license as required by section 183D-21; provided that the
 
23 nonresident hunter has been issued, and is in possession of, a
 

 
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 1 valid hunting license issued within the previous five years by
 
 2 [the nonresident hunter's state or Canadian province of
 
 3 residence] any other state or country, or proof of having
 
 4 completed a hunter education training course.  The department may
 
 5 adopt rules to administer this subsection.  The licensee shall
 
 6 include, in each quarterly report required under section 183D-39,
 
 7 additional information on the number of nonresident hunters
 
 8 exempted from section 183D-21 under this subsection, the number
 
 9 of hunting days per unlicensed nonresident hunter, and the amount
 
10 of fees collected.  The information shall be on a form or in a
 
11 format as may be prescribed by the department.  The department
 
12 may require the licensee to provide any other information that it
 
13 deems necessary.
 
14      (c)  The fee for private and commercial shooting preserve
 
15 and farmer's licenses shall be set by the department; provided
 
16 that the department may authorize any governmental agency to
 
17 breed and sell game birds and may authorize any person to possess
 
18 lawfully obtained game birds.  In addition to any other
 
19 applicable fees, private and commercial shooting preserve
 
20 licensees shall remit, with their quarterly report, a fee equal
 
21 to the current nonresident hunting license fee, as established in
 
22 section 183D-22(b)(2), per each nonresident hunter exempted from
 
23 the licensing requirement under subsection (b); provided that for
 

 
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 1 each nonresident hunter who participates in one day or less of
 
 2 hunting during a calendar year, the fee shall be fifty per cent
 
 3 of the current nonresident hunting license fee.  The fees
 
 4 collected under this subsection shall be deposited into the
 
 5 wildlife revolving fund."
 
 6      SECTION 4.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 5.  This Act shall take effect upon its approval.