HB 980: Mongoose; Feral Chickens; Criminal Offenses

A BILL FOR AN ACT

RELATING TO ANIMALS.

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

     SECTION 1.  The legislature finds that feral chickens have become a persistent nuisance, particularly in and around residential communities, by wandering into private land.  Many Hawaii residents have repeatedly voiced concerns regarding feral chickens because these animals create nuisances by foraging in residential areas, crowing at inconvenient hours, agitating household pets, and creating road hazards for drivers who must suddenly stop or swerve to avoid them.

     The legislature further finds that cases of H5N1 avian influenza (also known as "bird flu") have been rising across the United States and beyond, raising serious concerns about cross-contamination.  Feral chickens, as potential carriers of this highly contagious and deadly disease, present a significant threat not only to Hawaii's native bird populations, but also to public health as the transmission of the virus to humans is a serious concern.  As of February 16, 2025, there have been sixty-eight reported infections and at least one confirmed death attributed to avian influenza in the United States since March 2024.  The uncontrolled presence of feral chickens increases the risk of spreading the disease and highlights the urgent need to take action.

     Accordingly, the purpose of this Act is to permit the killing of feral chickens on private land with the permission of the landowner.

     SECTION 2.  Section 142-93.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§142-93.5[]]  Mongoose; feral chickens; killing allowed.  (a)  No person shall be prohibited from killing [a]:

     (1)  A mongoose in any manner not prohibited by law, including by trapping[.]; or

     (2)  A feral chicken on private land with the express written permission of the landowner in any manner not prohibited by law, including methods that adhere to standard veterinary guidelines for euthanasia of chickens and are consistent with the American Veterinary Medical Association Guidelines for Euthanasia of Animals.

     (b)  Nothing in this section shall be construed to:

     (1)  Permit animal fighting or cockfighting;

     (2)  Permit the use of torture, starvation, immolation, or beating; or

     (3)  Create a right of entry on private land without consent from the owner of the private land.

     (c)  As used in this section:

     "Feral chickens" are a subset of "wild birds" as defined in section 183D-1.

     "Private land" means any land owned by a person or entity, but does not include any land owned by the State, a county, the federal government, or any political subdivision thereof."

     SECTION 3.  Section 183D-62, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-62  Taking, injuring, or destroying wild birds prohibited.  Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to take, catch, injure, kill, or destroy, any wild bird, or to keep or have possession of any wild bird, dead or alive, or to damage or destroy a nest of any wild bird[.]; provided that this section shall not apply to acts performed in accordance with section 142-93.5."

     SECTION 4.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

     (a)  Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

     (b)  Deprives a pet animal of necessary sustenance or causes that deprivation;

     (c)  Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations; provided further that this paragraph shall not apply to acts performed in accordance with section 142-93.5;

     (d)  Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

     (e)  Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

     (f)  Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

     (g)  Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;

     (h)  Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

     (i)  Tethers or restrains a dog by a tow or log chain;

     (j)  Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

     (k)  Assists another in the commission of any act specified in paragraphs (a) through (j)."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Mongoose; Feral Chickens; Criminal Offenses

Description:

Amends the law authorizing the killing of mongoose by clarifying the circumstances under which mongoose may be killed and authorizing feral chickens to be killed under certain circumstances.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ANIMALS.

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

     SECTION 1.  The legislature finds that feral chickens have become a persistent nuisance, particularly in and around residential communities, by wandering into private land.  Many Hawaii residents have repeatedly voiced concerns regarding feral chickens because these animals create nuisances by foraging in residential areas, crowing at inconvenient hours, agitating household pets, and creating road hazards for drivers who must suddenly stop or swerve to avoid them.

     The legislature further finds that cases of H5N1 avian influenza (also known as "bird flu") have been rising across the United States and beyond, raising serious concerns about cross-contamination.  Feral chickens, as potential carriers of this highly contagious and deadly disease, present a significant threat not only to Hawaii's native bird populations, but also to public health as the transmission of the virus to humans is a serious concern.  Since March 2024, there have been sixty-six reported infections and at least one confirmed death attributed to avian influenza in the United States.  The uncontrolled presence of feral chickens increases the risk of spreading the disease and highlights the urgent need to take action.

     Accordingly, the purpose of this Act is to permit the killing of feral chickens on private land with the permission of the landowner.

     SECTION 2.  Section 142-93.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§142-93.5[]]  Mongoose; feral chickens; killing allowed.  (a)  No person shall be prohibited from killing [a]:

     (1)  A mongoose in any manner not prohibited by law, including by trapping[.]; or

     (2)  A feral chicken on private land with the permission of the landowner in any manner not prohibited by law, including but not limited to poisoning the feral chicken in a cage using           , decapitation, and drowning.

     (b)  Nothing in this section shall be construed to:

     (1)  Permit animal fighting or cockfighting;

     (2)  Permit the use of torture, starvation, immolation, or beating; or

     (3)  Create a right of entry on private land without consent from the private land's owner.

     (c)  As used in this section:

     "Feral chickens" are a subset of "wild birds" as defined in section 183D-1.

     "Private land" means any land owned by a person or entity, but does not include any land owned by the State, a county, the federal government, or any political subdivision thereof."

     SECTION 3.  Section 183D-62, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-62  Taking, injuring, or destroying wild birds prohibited.  Except as provided in section 183D-61, no person shall intentionally, knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to take, catch, injure, kill, or destroy, any wild bird, or to keep or have possession of any wild bird, dead or alive, or to damage or destroy a nest of any wild bird[.]; provided that this section shall not apply to acts performed in accordance with section 142-93.5."

     SECTION 4.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

     (a)  Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

     (b)  Deprives a pet animal of necessary sustenance or causes that deprivation;

     (c)  Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations; provided further that this paragraph shall not apply to acts performed in accordance with section 142-93.5;

     (d)  Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

     (e)  Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

     (f)  Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

     (g)  Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;

     (h)  Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

     (i)  Tethers or restrains a dog by a tow or log chain;

     (j)  Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

     (k)  Assists another in the commission of any act specified in paragraphs (a) through (j)."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Mongoose; Feral Chickens; Criminal Offenses

Description:

Amends the law authorizing the killing of mongoose by clarifying the circumstances under which mongoose may be killed and authorizing feral chickens to be killed under certain circumstances.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  825

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 980

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 980 entitled:

"A BILL FOR AN ACT RELATING TO ANIMALS,"

begs leave to report as follows:

     The purpose of this measure is to amend the law authorizing the killing of mongoose by clarifying the circumstances under which mongoose may be killed and authorizing feral chickens to be killed under certain circumstances.

     Your Committee received testimony in support of this measure from the Hawaii Self-Advocacy Advisory Council and one individual.  Your Committee received testimony in opposition to this measure from Animal Rights Hawaiʻi; Hawaiian Humane Society; and five individuals.  Your Committee received comments on this measure from the Department of Agriculture and Department of Customer Services of the City and County of Honolulu.

     Your Committee finds that the growing population of feral chickens has become a significant nuisance in residential areas.  Beyond being a public nuisance, feral chickens also present a serious health risk as potential carriers of H5N1 avian influenza, a highly contagious disease that threatens native bird species and public health.  This measure addresses these concerns by allowing the humane removal of feral chickens from private property with landowner permission, helping to mitigate health risks.

     Your Committee has amended this measure by:

     (1)  Clarifying the authorized methods for killing feral chickens on private land; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 980, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 980, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,