Loading...
HomeMy WebLinkAboutFamilies Afield - Hawaii Apprentice Hunting LicenseFamilies Afield Hawaii Apprentice Hunting License §183D-21 Hunting licenses required. No person shall hunt, pursue, kill, or take any game bird or mammal without first procuring a hunting license; provided that section 183D-32 to the contrary notwithstanding, no license shall be required of persons who may be authorized in writing by the board to destroy game birds or game mammals injurious to forest growth or agriculture, or that constitute a nuisance or a health hazard. [L 1985, c 174, pt of §4; am L 1998, c 88, §1] §183D-22 Application and issuance of licenses; fees. (a) A hunting license shall be issued to a person by an agent of the department upon: (1) Written application in the form prescribed by the department; (2) Payment of a hunting license fee or any other hunting related fee the board may require as provided in this chapter; except that payment of the fee shall be waived for any employee of the department who is required to have a license to carry out duties of the department; and (3) Showing of a valid Hawaii hunter education certificate, being the holder of a valid Hawaii Apprentice Hunting License, or written exemption issued under section 183D-28 or upon showing proof of completion of an approved hunter education course described in section 183D -28(b)(2). The application shall require a statement under oath of the applicant's name, address, domicile or residence, length of residence in the State, age, race, height, weight, and color of hair and eyes. (b) The hunting license fee shall be: (1) $10 for any person who has resided in the State for one year or longer, or who is a member of the armed forces of the United States on active duty and the spouse and children thereof, or who elects to forgo the exemption provided in paragraph (4); (2) $95 for all other persons; (3) $50 for a three-day period and $95 for a seven-day period for hunting on a private and commercial shooting preserve for persons who do not meet the requirements of paragraph (1) or (4); and (4) Free to all Hawaii residents sixty-five years of age or older and to all persons with Hansen's disease who are residents of Kalaupapa, Molokai. (c) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, restore, or reinstate such a license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1985, c 174, pt of §4; am L 1988, c 12, §2 and c 31, §1 ; am L 1989, c 96, §1; am L 1992, c 127, §1; am L 1997, c 293, §10; am L 1998, c 88, §2; am L 1999, c 224, §1; am L 2007, c 129, §1] Case Notes Section 183D-10.5 and this section provided the authority for the department of land and natural resources to require payment of a fee for a hunting -related article such as a stamp; however, since game bird hunting was an activity permitted under this chapter, the department was required under §183D-3 to adopt a rule pursuant to §91-3 when setting the stamp fees for hunting. 117 H. 16 (App.), 175 P.3d 126. §183D-23 Licenses expire when. All licenses shall expire on June 30 next following the date of issuance, except for licenses obtained pursuant to section 183D -22(b)(3). [L 1985, c 174, pt of §4; am L 2007, c 129, §2] §183D- New Section... Hawaii Apprentice Hunting License. A Hawaii Apprentice Hunting License shall be issued to any previously unlicensed Hawaii Resident who would otherwise qualify for a hunting license as required by §183D-28. A Hawaii Apprentice Hunting License shall be issued any new hunter 10 years and older for the purpose of giving that participant opportunity to learn whether or not they have the interest to continue hunting on their own by completing a Hunter Education Course as required by §183D-28. Any Hawaii Apprentice Hunting Licensee shall at all times, while engaged in any hunting activity, have this License on their person and shall at all times be accompanied by a legally licensed Hawaii hunter aged 18 or older. A Hawaii Apprentice Hunting License may be renewed for one additional license year following the initial application for a Hawaii Apprentice Hunting License. §183D-28 Hunter education program. (a) The department shall establish a hunter education program to provide instruction in hunter safety, principles of conservation, and sportsmanship. Upon successful completion of the program, the department shall issue to the graduate a hunter education certificate which shall be valid for the life of the person. This certification shall be rescinded by judicial action upon the conviction of a wildlife and/or firearms violation. No person shall be eligible for a hunting license unless the person possesses a valid hunter education certificate or meets the requirements for exemption provided in subsection (b)(2), and is either: (1) Born after December 31, 1971; orA (2) Born before January 1, 1972, and has never been issued a hunting license in the State. (b) A person who meets the minimum age requirements adopted pursuant to subsection (c) shall be exempt from the requirements of subsection (a) if the person: (1) Was born before January 1, 1972, and at one time possessed a hunting license issued by the State; provided that the person shows satisfactory proof to the department (2) that the person had possessed the hunting license; (2) Has successfully completed a course or program of hunter education and safety that is approved by the International Hunter Education Association and meets the requirements of Chapter 12 of the United States Fish and Wildlife Service Federal Aid Manual, as revised; provided that the person shows satisfactory proof in the form of a certificate, wallet card, or other document issued by a state, province, or country evidencing successful completion of the course or program; or (3) Obtains a three-day or a seven-day hunting license pursuant to section 183D - 22(b)(3) to hunt on a private and commercial shooting preserve, accompanied by a hunting guide licensed pursuant to section 183D-25.5; provided that: (A) All hunting shall be conducted on a licensed private and commercial shooting preserve and under the direction of a hunting guide who has successfully completed a Hawaii hunter education certification course and meets the requirements of section 183D-25.5; (B) Prior to licensing, a hunter safety class and field training session shall be provided to the licensee that includes hunter safety and hunting equipment use and safe discharge; (C) While hunting under these provisions, a hunting guide shall guide not more than two unaccompanied clients at any time while hunting; (D) All hunting guides and clients shall wear a hunter safety blaze -orange outer garment while hunting; (E) The private and commercial shooting preserve operator, hunting guides, and clients agree to be subject to inspection while engaged in hunting activities by department representatives or authorized law enforcement officers; and (F) The private and commercial shooting preserve owner and operator assume responsibility and liability for public and hunter safety while operating under these provisions and agree to report any injuries to the department, or (4) Obtains a Hawaii Apprentice Hunting License issued to prospective hunters required to be in the presence of and under the guidance of a duly licensed Hawaii State Licensed Hunter while in the field for the purposes of hunting. Upon application and satisfaction of the requirements of paragraph (1), the department shall issue a written exemption that shall be valid for the life of the person. The department shall develop and maintain a list of approved hunter education courses described in paragraph (2) for reference by the public and license agents. (c) The department, by rules adopted pursuant to chapter 91, shall establish minimum age requirements for issuance of the hunter education certificate, or the exemption therefrom, required to obtain a hunting license pursuant to section 183D - 22(a)(3). (d) The department may establish a hunter education officer position to administer the program, outline all phases of instruction, conduct general supervision of individual programs, and distribute information on the program, or may contract the program to a qualified organization. (e) The department may construct, operate, and maintain public outdoor and indoor target ranges for the program. (f) The department shall prepare reports as may be necessary to seek approval under Public Law 91-503 for federal assistance in this program of hunter safety, conservation, and sportsmanship. [L 1985, c 174, pt of §4; am L 1989, c 96, §2; am L 1991, c 176, §1; am L 1992, c 127, §2; am L 1999, c 224, §2; am L 2007, c 129, §3]