SB 315: RELATING TO FERAL PIGS.

A BILL FOR AN ACT

relating to feral pigs.

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

     SECTION 1.  The legislature finds that the State's residents, especially those living in rural areas, should be allowed to protect their persons and property from dangerous wildlife.  Feral pigs can be destructive and pose a threat to human safety, agricultural crops, indigenous plants, and other animals.

     The legislature recognizes that it can be cumbersome and time-consuming to obtain a permit to eradicate feral pigs on privately owned land.

     Accordingly, the purpose of this Act is to create an expedited permitting process to authorize the destruction or control of feral pigs on privately owned land, under certain circumstances.

     SECTION 2.  Section 183D-61, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-61  Permits to take wild birds, game birds, and game mammals.  (a)  Notwithstanding subsection (b) and the other provisions contained in this chapter, the department may adopt rules pursuant to chapter 91:

     (1)  Authorizing the taking and collecting of wild birds, game birds, and game mammals for scientific and educational purposes, or for the purpose of distributing wild birds to different localities in the State pursuant to this title;

     (2)  Authorizing the keeping of wild birds in captivity for the protection, treatment for injury or disease, propagation, and other similar purposes consistent with the preservation, protection, and conservation of wild birds;

     (3)  Authorizing the taking and destruction of those wild birds, game birds, and game mammals the department may have found after investigation to be destructive to crops or to other game birds and game mammals or otherwise harmful to agriculture or aquaculture, or to constitute a nuisance or a health hazard; or

     (4)  Authorizing without requiring permits or reports, the destruction within a district of wild birds, game birds, and game mammals, including feral pigs, which are generally destructive to crops or otherwise harmful to agriculture or aquaculture, or constitute a nuisance or a health hazard within the district.

     (b)  The department shall issue a permit for the destruction or control of feral pigs on privately owned land if the feral pigs have caused or are likely to cause substantial damage to agricultural or aquacultural crops, indigenous plants or wildlife, or human health and safety; provided that:

     (1)  An authorized agent of the department shall investigate a complaint filed by a private landowner regarding feral pigs on the owner's land that have caused or are likely to cause substantial damage.  If the authorized agent is satisfied that substantial damage has occurred or is likely to occur, the permit shall be granted;

     (2)  No more than ninety days after a complaint is received by the department, an authorized agent of the department shall:

          (A)  Investigate the complaint; and

          (B)  Issue the permit; or

          (C)  Inform the applicant in writing why the permit was denied;

     (3)  The applicant may appeal the decision of the authorized agent to the department if the permit is denied or is otherwise not issued within ninety days;

     (4)  The permit shall state:

          (A)  The species to be destroyed or controlled;

          (B)  The approximate number of animals to be destroyed or controlled;

          (C)  The authorized method or methods of destruction or control; and

          (D)  Any other conditions the department deems necessary;

     (5)  Nothing in this subsection shall be construed to limit the department's authority, pursuant to subsection (a)(4), to authorize without requiring permits or reports the destruction of feral pigs within certain districts; and

     (6)  Nothing in this subsection shall be deemed to apply to persons who are otherwise in compliance with the State's laws and department's rules regarding game mammals and hunting.

     [(b)] (c)  Except as provided in subsection (a)(4), the rules shall require the person or persons seeking authority to apply for and obtain a written permit from the department.  The permits may prescribe terms and conditions the department deems necessary to prevent abuse of the authority granted thereby, and may be canceled by the department, after notice and hearing, for the violation of any term or condition."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Department of Land and Natural Resources; Feral Pigs; Permitting Process; Expedited

Description:

Creates an expedited permitting process to authorize the destruction or control of feral pigs on privately owned land, if the feral pigs have caused or are likely to cause substantial damage to agricultural or aquacultural crops, indigenous plants or wildlife, or pose a threat to human health and safety.

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