2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 1. GENERAL PROVISIONS
6D. Protection of Caves
§6D-4 Disturbance of native organisms.


HI Rev Stat § 6D-4 (2011 through Reg Sess) What's This?

[§6D-4] Disturbance of native organisms. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate agency. This is not intended to restrict normal fishing and gathering in accordance with existing laws.

(b) This section shall not apply to caves encountered within the normal course of a construction context; provided that any cave protection mitigative measures disclosed through environmental review under chapter 343 and land use permitting processes shall be adhered to.

(c) This section shall not in any way prohibit or constrain surface activities on the land above a cave. [L 2002, c 241, pt of §2]

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