Haw. Code R. § 13-124-7

Current through April, 2024
Section 13-124-7 - Crop damage, nuisance, and threat to human health and safety permits
(a) Provided that no such permit shall be required on private land for game mammals when otherwise in compliance with chapter 123, the board or its authorized representative may issue permits to destroy or otherwise control game birds, game mammals, introduced wildlife, or introduced wild birds causing substantial damage to agricultural or aquacultural crops, indigenous plants or wildlife, or pose a threat to human health and safety under the following conditions:
(1) An authorized agent of the department has investigated the complaint and is satisfied that substantial damage has occurred or is likely to occur;
(2) Permits shall state the species and may specify the number to be destroyed and the method of control to be used. The permit may include other terms and conditions as may seem proper and applicable;
(3) Permits for restricted use pesticides may be issued only after an integrated animal damage control plan has been submitted to and approved by an authorized agent of the department; or
(4) When species of introduced wildlife are found to be generally harmful or destructive to agriculture or aquaculture, native plants or wildlife, or constituting a threat to human health or safety, the board or its authorized representative may authorize the destruction or control of the species in any area for a specified time period without requiring permits or reports.
(b) The board or its authorized representative may issue permits to destroy or otherwise control indigenous wildlife other than threatened and endangered species, causing substantial damage to agricultural or aquacultural crops, indigenous plants or wildlife, or pose a threat to human health and safety under the following conditions:
(1) An authorized agent of the department has investigated the complaint and is satisfied that substantial damage has occurred or is likely to occur;
(2) Permits shall state the species to be destroyed or taken; the method of control to be used; the maximum number of individuals of each species to be destroyed or taken; and the disposition of individuals destroyed or taken. The permit shall include other terms and conditions as may seem proper and applicable; and
(3) Permits to destroy indigenous wildlife shall be issued only after significant efforts to haze or non-lethally deter the pest animals have been attempted and proved ineffective.
(c) Permittees shall submit monthly summary reports to the department on forms provided or facsimiles that include:
(1) The common name of the target and non-target wildlife taken;
(2) The number of each wildlife species;
(3) The disposition of the wildlife; and
(4) Any other information required by the permit.
(d) Failure to submit monthly reports is grounds for cancellation of permits by the board or its authorized representative.
(e) No permit shall be issued or used for the destruction of any endangered or threatened species of wildlife.
(f) Permits may only be amended or otherwise altered by the board or its authorized representative. A copy of the amendment and written approval must be attached to the permit.
(g) No permit is required merely to scare or herd depredating wildlife other than endangered or threatened species of wildlife.

Haw. Code R. § 13-124-7

[Eff 3/22/82; am and comp 8/28/86; am and comp 3/2/98; am and com2/27/2015] (Auth: HRS §§ 183D-61, 195D-3, 195D-4, 195D-5, 195D-6) (Imp: HRS §§ 183D-61, 195D-3, 195D-4, 195D-5, 195D-6)