Haw. Rev. Stat. § 183-1
Definitions
As used in this chapter, unless the context indicates otherwise: "Board" means the board of land and natural resources. "Department" means the department of land and natural resources.
Hawaii Revised Statutes Chapter 183 — Forest Reserves, Water Development, Zoning
Hawaii · statute · Haw. Rev. Stat. ch. 183 · 26 active provisions
Provisions
Haw. Rev. Stat. § 183-1.5
Duties in general
The department shall: (1) Gather and compile information and statistics concerning the area, location, character, and increase and decrease of forests in the State; (2) Gather and compile information as necessary concerning trees, plants, and shrubs recommended for planting in different localities, including the care a…
Haw. Rev. Stat. § 183-2
Rules
Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the preservation, protection, regulation, extension, and utilization of forest reserves designated by the department. All rules shall have the force and effect of law.
Haw. Rev. Stat. § 183-3
Administrator
The board shall: (1) Appoint an administrator of forestry and wildlife, hereinafter called "administrator", who shall have charge, direction, and control (subject to the direction and control of the board) of all matters relating to forestry and wildlife management under title 12 and such other matters as the board may…
Haw. Rev. Stat. § 183-5
General penalties
(a) Except as otherwise provided by law, the board or its authorized representative may: (1) Set, charge, and collect administrative fines; (2) Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and (3) Collect…
Haw. Rev. Stat. § 183-11
Government land for forest reserves
The governor may, with the approval of the department of land and natural resources, after a hearing or hearings as hereinafter provided, from time to time set apart any government land or lands, whether under lease or not, as forest reserves. On lands under lease the reserve shall not take effect until the expiration…
Haw. Rev. Stat. § 183-12
Notice of hearing
Before setting apart any government lands under this chapter or before revoking, modifying, or suspending any orders and proclamations or any part thereof which set apart the lands as forest reserves, the governor shall give not less than fourteen days' public notice statewide of the governor's intention to consider ei…
Haw. Rev. Stat. § 183-13
Hearing
At the time and place named, a full hearing shall be given by the department of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, and shall be conducted under such rules as the department may adopt.
Haw. Rev. Stat. § 183-14
Vested rights protected
Nothing in sections 183-11 to 183-13 contained shall be held in any way to interfere or conflict with any vested rights under or arising out of any grant, lease, or license of or concerning any government lands or water rights, or rights-of-way. Nor shall anything in such sections contained be construed to change any r…
Haw. Rev. Stat. § 183-15
Surrender of private land
Any person may, on agreement with the department of land and natural resources, at any time surrender to the government the care, custody and control of any lands, whether held under lease or in fee, as forest or water reserve lands, either for a term of not less than twenty years, or forever. The surrender agreement m…
Haw. Rev. Stat. § 183-16
Revenue from forest reserves
Any moneys accrued from: (1) The harvest of non-native forest products from forest reserves; (2) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves; (3) The sale of forest products found dead and lying on the ground; (4) The sale of tree seedlings from stat…
Haw. Rev. Stat. § 183-16.5
Harvesting from state-owned lands
All harvesting of trees on public lands shall be done in accordance with a management plan approved by the board, and in accordance with the provisions regarding conservation of aquatic life, wildlife, and land plants, and the provisions regarding environmental impact statements. For any harvesting of native trees from…
Haw. Rev. Stat. § 183-17
Timber trespass in forest reserves
The cutting, killing, destroying, girdling, chopping, injuring, or otherwise damaging, or the removal of any timber, young tree growth, or products of tree growth on lands in the forest reserves belonging to the State, except as authorized by law or by permission from the department of land and natural resources, is pr…
Haw. Rev. Stat. § 183-18
Criminal penalties
(a) Unless otherwise specified, any person who violates a provision of this part or a rule adopted pursuant to this part shall be guilty of a petty misdemeanor. Authorized employees of the department acting within the scope of employment shall not be subject to the penalty provided for in this section. A person convict…
Haw. Rev. Stat. § 183-19
Exclusion of livestock from forest reserves, game management areas, public hunting areas, and natural area reserves; notice
When branded wild cattle or horses are found on any forest land, game management area, public hunting area, or natural area reserve in the State, which land is duly set apart and established as a forest reserve, game management area, public hunting area, or natural area reserve, or if the land is privately owned and su…
Haw. Rev. Stat. § 183-20
Disposition
The department, at any time, without notice to the owners, may remove any and all cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve and may hold and care for the cattle or horses in some convenient place, at the expense of the owners, subject to the lien fo…
Haw. Rev. Stat. § 183-21
Penalties
Any person who receives actual notice from the department that one or more cattle or horses belonging to such person have been found to be and are on any forest reserve, game management area, public hunting area, or natural area reserve referred to in section 183-19, excepting in the case of the owner of the land, and…
Haw. Rev. Stat. § 183-22
Disposition of fines, etc
All fines, costs, and other charges imposed or collected pursuant to sections 183-19 to 183-21, shall be deposited in the treasury of the State for use by the department of land and natural resources for forestry purposes and all such sums as may be so collected and deposited are appropriated for those purposes.
Haw. Rev. Stat. § 183-31
Watershed areas
The department of land and natural resources shall determine, after public hearing held in the same manner as provided in section 91-3, areas which are watersheds. The term "watershed" as used in this part means (1) an area from which the domestic water supply of any city, town or community is or may be obtained, or (2…
Haw. Rev. Stat. § 183-32
Use of funds, etc
Such funds as may be appropriated shall only be used by the department of land and natural resources (1) to acquire by purchase or exchange any land, or any interest in any land, within an area which the department has, pursuant to section 183-31 determined to be a watershed and (2) to acquire by condemnation forest re…
Haw. Rev. Stat. § 183-33
Effect on other agencies
This part shall not amend, limit or in any other manner affect the powers of condemnation conferred upon the several counties, the board of water supply of the city and county of Honolulu, the department of land and natural resources and public utility water companies, by any other law, it being the intent of this part…
Haw. Rev. Stat. § 183-34
Use of lands and funds
No land or interest therein acquired under this part shall be used for other than forest reserve purposes, or purposes directly connected with water supply development except as otherwise provided by act of the legislature, nor shall any provision of this part be construed to authorize the expenditure of funds herein a…
Haw. Rev. Stat. § 183-35
Vouchers for expenditures
Such moneys herein as may be appropriated shall be expended upon warrants drawn by the comptroller of the State upon vouchers signed by the department of land and natural resources.
Haw. Rev. Stat. § 183-42
Strip mining; prior approval of license or permit
No original permit or license for strip mining on land within the forest reserve boundaries shall be issued by any officer or agency of the State without the prior approval and concurrence of the department. In determining whether to grant or withhold such approval, the department shall be guided by the standards set f…
Haw. Rev. Stat. § 183-44
Fishponds; rules
(a) The board shall adopt rules concerning the application and issuance of permits for the repair, strengthening, reinforcement, and maintenance of fishponds pursuant to chapter 183C. The rules shall specify the extent: (1) Of repairs, strengthening, reinforcement, and maintenance for which no permit is necessary, but…
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