REPORT TITLE:
Cruelty to Game Animals


DESCRIPTION:
Prohibits DLNR, unless public hunting has demonstrably failed to
achieve the desired animal control, from using poisons, snares,
or traps which are unattended or designed to injure, to capture
or kill game animals and makes use of those devices and methods a
misdemeanor offense under the Penal Code.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRUELTY TO ANIMALS.



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

 1      SECTION 1.  Snares, poisons, and unattended traps are
 
 2 sometimes used by state agencies and private individuals and
 
 3 groups for the control of game animal populations, especially
 
 4 under circumstances in which those populations are suspected or
 
 5 known to interfere with endangered species management.  Death of
 
 6 the trapped or poisoned animal is often slow and painful, from
 
 7 shock, dehydration, starvation, and infection.  The legislature
 
 8 finds that the use of those modalities to control game animal
 
 9 populations is exceptionally cruel.
 
10      Moreover, because those control methods are not specific
 
11 management tools, animal species other than those intended may
 
12 also be maimed or killed.  The legislature finds that at present,
 
13 other more humane and effective population control alternatives
 
14 are not fully utilized.  The legislature declares that inhumane
 
15 treatment of one animal species for the sake of protecting others
 
16 is unconscionable.
 
17      The purpose of this Act is to prohibit the department of
 
18 land and natural resources, unless public hunting has
 
19 demonstrably failed to achieve the desired animal control, from
 

 
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 1 using snares, poisons, or traps which are unattended or designed
 
 2 to injure, for the purpose of trapping or killing game animals,
 
 3 and making use of those devices or methods a misdemeanor offense
 
 4 under the penal code.
 
 5      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
 
 6 by adding a new section to be appropriately designated and to
 
 7 read as follows:
 
 8      "§711-      Cruelty to game animals.  (1)  A person commits
 
 9 the offense of cruelty to game animals if the person uses poison,
 
10 snares, unattended traps, or traps which are primarily designed
 
11 to injure, for the purpose of capturing or killing game animals.
 
12      (2)  This section shall not apply to:
 
13      (a)  Accepted veterinary practices;
 
14      (b)  Activities carried on for scientific research governed
 
15           by standards of accepted educational or medicinal
 
16           practices; or
 
17      (c)  Actions of duly authorized agents of the department of
 
18           land and natural resources when using poison, snares,
 
19           unattended traps, or traps which are primarily designed
 
20           to injure to capture or kill game animals; provided
 
21           that the use by the agents of the department of poison,
 
22           snares, unattended traps, or traps which are primarily
 
23           designed to injure shall only take place after public
 

 
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 1           hunting has demonstrably failed to achieve the desired
 
 2           animal control.
 
 3      (3)  As used in this section, unless the context otherwise
 
 4 requires, "game animals" means animals designated by law or by
 
 5 rule for hunting.
 
 6      (4)  Violation of this section shall be a misdemeanor."
 
 7      SECTION 3.  Section 183D-65, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  On any game management area, public hunting area, or
 
10 forest reserve or other lands under the jurisdiction of the
 
11 department, predators deemed harmful to wildlife by the
 
12 department may be destroyed by any means deemed necessary by the
 
13 department[.]; provided that the department shall not use poison,
 
14 snares, unattended traps, or traps which are primarily designed
 
15 to injure, for the purpose of capturing or killing game animals
 
16 unless the use occurs after public hunting has demonstrably
 
17 failed to achieve the desired animal control."
 
18      SECTION 4.  Section 195D-5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§195D-5 Conservation programs.(a)  The department shall
 
21 conduct research on indigenous aquatic life, wildlife, and land
 
22 plants, and on endangered species and their associated
 
23 ecosystems, and shall utilize the land acquisition and other
 

 
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 1 authority vested in the department to carry out programs for the
 
 2 conservation, management, and protection of such species and
 
 3 their associated ecosystems.  In addition, the department [is
 
 4 hereby authorized to] may acquire by purchase, donation, or
 
 5 otherwise, lands or interests therein needed to carry out the
 
 6 programs relating to the intent and purpose of this chapter.
 
 7      (b)  The office of the governor shall review other programs
 
 8 administered by the department and, to the extent practicable,
 
 9 utilize [such] those programs in furtherance of the purposes of
 
10 this chapter.  The governor or the governor's authorized
 
11 representative shall also encourage all federal agencies to
 
12 utilize their authority in furtherance of the purposes of this
 
13 chapter.  All other state agencies shall use their authority in
 
14 furtherance of the purposes of this chapter by:
 
15      (1)  Carrying out programs for the protection of threatened
 
16           and endangered species; and
 
17      (2)  Taking such action as may be necessary to ensure that
 
18           actions authorized, funded, or carried out by them do
 
19           not jeopardize the continued existence of threatened or
 
20           endangered species.
 
21      In carrying out programs authorized by this chapter, the
 
22 department may enter into agreements with federal agencies,
 
23 counties, private landowners, and organizations for the
 

 
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 1 administration and management of any area or facility established
 
 2 under section 195D-21 or 195D-22, or public lands utilized for
 
 3 conserving, managing, enhancing, or protecting indigenous aquatic
 
 4 life, wildlife, land plants, threatened and endangered species,
 
 5 and their habitat.
 
 6      (c)  In carrying out programs authorized by this section,
 
 7 the department may enter into agreements with federal agencies
 
 8 and with the counties for administration and management of any
 
 9 area established under this section, or utilized for conserving,
 
10 managing, enhancing, or protecting indigenous aquatic life,
 
11 wildlife, land plants, and endangered species.
 
12      (d)  In carrying out programs authorized by this section,
 
13 priority shall be given to the conservation and protection of
 
14 those endangered aquatic life, wildlife, and land plant species
 
15 and their associated ecosystems, whose extinction within the
 
16 State would imperil or terminate, respectively, their existence
 
17 in the world.
 
18      (e)  The department shall coordinate with the natural area
 
19 reserves commission and the animal species advisory commission
 
20 all research, investigations, lists of indigenous and endangered
 
21 aquatic life, wildlife, and land plants, and programs for the
 
22 conservation, management, enhancement, and protection of species
 
23 that are authorized by this chapter.
 

 
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 1      (f)  The department may permit, under terms and conditions
 
 2 adopted by rule, the taking, possession, transportation, or
 
 3 exportation of any indigenous aquatic life, wildlife, or land
 
 4 plant on the endangered species list for scientific purposes and
 
 5 for propagation of [such] those species in captivity for
 
 6 preservation purposes.
 
 7      (g)  In carrying out programs authorized under this section,
 
 8 the department shall not use poison, snares, unattended traps, or
 
 9 traps which are primarily designed to injure, for the purpose of
 
10 capturing or killing game animals unless public hunting has
 
11 demonstrably failed to achieve the desired animal control."
 
12      SECTION 5.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 6.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________