Haw. Code R. § 13-107-2

Current through April, 2024
Section 13-107-2 - Definitions

As used in this chapter unless the context requires otherwise:

"Accidental or non-negligent death" means death of plants which occurs despite the reasonable care of the plant possessor;

"Authorized representative" means the administrator, foresters, botanists, conservation enforcement officers, or other persons within the department authorized by the board to act for the board;

"Board" means the board of land and natural resources;

"Commercial use" means the transfer of a plant by a party or their agent for any fee, charge, or other compensation.

"Commercial-use plants" means garden-grown stocks (not wild-collected) , belonging to a threatened or endangered species which have been approved by the department for commercial use.

"Controlled environment" means a habitat, excluding the endangered and threatened species wild population habitat, which is horticulturally manipulated for the purpose of growing and producing offspring of select species;

"Cultivated plants" means propagules or plants germinated from garden-grown stock as well as from wild populations and grown or cared for in a controlled environment;

"Cultural use" means use of plants for traditional native Hawaiian practices;

"Department" means the department of land and natural resources;

"Educational use" means use of plants or plant parts for display purposes to aid in education about that plant;

"Endangered plants" means all species, subspecies, or sub-populations of plants that have been officially listed as endangered by the State of Hawaii, including those taxa listed in the exhibit entitled "Exhibit 1, Chapter 13-107, Endangered Plants of Hawaii" dated 5/15/97, which is located at the end of this chapter and incorporated by reference;

"Experimental populations" means any populations (including offspring arising solely therefrom), resulting from outplanting outside a controlled environment;

"Garden-grown stock" means plants and propagules from cultivated plants;

"License" means written permission by the department to do a particular act or series of acts which without such permission would be unauthorized or prohibited;

"Native" means endemic and indigenous species which arrived and occur naturally in Hawaii without the aid of humans;

"Outplanting" means planting and growing threatened and endangered plants in the wild through human intervention;

"Plant" means any member of the plant kingdom, including seeds, roots, and other parts thereof;

"Propagule" means a living plant part such as a cutting or a seed that can reproduce a plant;

"Species" means and shall include any subspecies or lower taxa of plant(s);

"State" means the State of Hawaii;

"State land" means lands under the direct control of the state;

"Take" means to cut, collect, uproot, destroy, injure, possess native endangered or threatened species of plants, or to attempt to engage in any such conduct;

"Threatened species" means all species, subspecies, or sub-populations of plants that have been officially listed as threatened by the state, including those taxa listed in the exhibit entitled "Exhibit 2, Chapter 13-107, Threatened Plants of Hawaii", dated 5/15/97, which is located at the end of this chapter and incorporated by reference;

"Wild populations" means naturally occurring populations that do not occur as a result of outplanting.

Haw. Code R. § 13-107-2

[Eff ] (Auth: HRS §§ 195D-3, 195D-4, 195D-6) (Imp: HRS §§ 195D-3, 195D-4, 195D-6, 50 CFR §§17.12 )