Administrative Rules of the Division of Forestry and Wildlife

Administrative Rules of the Division of Forestry and Wildlife

State agencies are governed by the Hawaiʻi Revised Statutes, which are laws developed by the legislative branch, with input from the public, that provide authority to agencies for certain duties. The major duties of the Division of Forestry and Wildlife are found in Hawaiʻi Revised Statutes Title 12, Conservation and Resources, at https://www.capitol.hawaii.gov/docs/HRS.htm. The Hawaiʻi Administrative Rules are legal rules developed by agencies, with input from the public, to describe in finer detail how the agencies will carry out the authorities provided by statute. Hawaiʻi Administrative Rules Title 13 includes rules for the Department of Land and Natural Resources. For the Division of Forestry and Wildlife, relevant chapters of the Hawaiʻi Administrative Rules are below. You can find rules for other divisions with DLNR here. The Division of Forestry and Wildlife occasionally proposes amendments to these rules. For any open commenting opportunities, click here to visit our commenting page. 
 
The division may use its adaptive management authority to amend certain administrative rules. Adaptive management allows resource managers to implement effective management tools in response to rapidly changing resource conditions. In 2021, the Hawaiʻi legislature authorized DLNR to adopt, amend, or repeal any hunting rule pertaining to bag limits, size limits, open or closed hunting season, or gear restrictions by formal Land Board action at a publicly noticed meeting. (HRS § 183D-3(b)). A copy of the temporary rules that have been adopted, amended, or repealed can be mailed to any interested person who makes a request to the Division. Submit written requests to dlnr.fw.outreach@hawaii.gov or via postal mail to Hunting Program, Division of Forestry & Wildlife, 1151 Punchbowl St. #325, Honolulu, HI 96813. Proposed rule changes and executed temporary rules will be added to the list below.
 

List of Administrative Rules relating to the Division of Forestry and Wildlife

 

Enforcement and the Civil Resource Violation System (CRVS)

Statutes and rules related to the Division of Forestry and Wildlife can be enforced through three systems: 

  • Civil Resource Violation System (CRVS): This system allows officers from the DLNR Division of Conservation and Resources Enforcement (DOCARE) to issue civil penalties (monetary fines) for certain violations (see below for more information). These violations are processed by the DLNR Administrative Proceedings Office. 
  • Criminal enforcement system: Some violations carry criminal penalties (monetary fines and/or jail time). These violations are processed by the Hawaiʻi District Court System. 
  • Board Actions: Administrative penalties (monetary fines) can also be issued by the Board of Land and Natural Resources. 

Note that DLNR may seek a combination of civil or criminal penalties, or board actions, for violations of its rules and statutes. Alternatively, DOCARE officers may elect to not issue a notice of violation and instead educate a suspected violator to encourage future compliance. 

The Department of Land and Natural Resources has developed a Civil Resource Violation System to standardize administrative fees and penalties associated with civil violations. Learn more from the DLNR Administrative Proceedings Office’s page on the Civil Resource Violation System. The CRVS enables DOCARE officers to issue civil penalties via a ticket (a notice of violation). This ticket is a monetary fine that can be paid via the DLNR Administrative Proceedings Office, rather than requiring the violator to go through the court system. This is similar to how parking tickets work. It is important to note that DOCARE officers can also issue criminal violation notices if they determine the violation necessitates a criminal penalty. 

To help individuals follow rules and avoid receiving a CRVS ticket from DOCARE officers, DOFAW has created a table below of some examples of civil violations related to DOFAW’s managed lands and species. Users should note that this is not a complete or exhaustive list of violations, nor are the descriptions below official rule language. These are summaries provided as educational information, with the official language for rules and statutes provided in the Hawaiʻi Administrative Rules (HAR) listed above on this webpage and in the referenced Hawaiʻi Revised Statutes (HRS). Also, note that fines are provided in the table below for educational purposes and reflect the maximum amount for 1st/2nd/3rd offense. Official fines are determined by an officer according to the policies of the Administrative Proceedings Office and are subject to change over time.  

You can help protect Hawaiʻi’s natural resources by reporting violations to DLNR DOCARE at 643-DLNR (643-3567), or via the DLNRTip app. For emergencies, dial 911. 

Example Civil Resource Violations 

Land Designation Violation Summary Fines up to (1st/2nd/3rd offense)
All No possession, take (harm in any way), transportation, sale, or export of any plants or animals listed as Threatened or Endangered For any threatened or endangered species of aquatic life, wildlife, or land plant, it is prohibited (unless authorized by the department under subsections f, g, or j) to: Export any such species from this State; Take (harm in any way) any such species within this State; Possess, process, sell, offer for sale, deliver, carry, transport, or ship, by any means whatsoever, any such species; Violate any rule adopted by the department pertaining to the conservation of these species Violate the terms of agreements or licenses issued under subsections f, g, or j, or any habitat conservation plan or safe harbor agreement. $2,500 / $5,000 / $10,000
Forest Reserves Commercial Activity No commercial activities (without a permit) $500 / $1000 / $2000
Forest Reserves Gatherings & Scientific Collection Meetings, weddings, concerts, shows, or the scientific collection of plants & animals require a special use permit $250 / $500 / $1000
Forest Reserves Wildlife or Plants No injuring or killing any plant or animal in a Forest Reserve $250 / $500 / $1000
Forest Reserves Camping Requires a permit. No camping at one site for more than 7 days $100 / $200 / $400
Forest Reserves Collecting Permit required for collecting items for personal use. Permit should indicate collecting dates, locations, species, amounts. Items collected under a personal use permit cannot be sold (a separate Commercial Harvest Permit exists for this). No collection of threatened or endangered plants and animals. Each permittee can only have one permit within a seven-day period, for collecting any of the same forest products. $100 / $200 / $400
Hunting – General Hunting Guide Licenses A hunting guide license is required to guide or attempt to guide clients for hunts. To have a hunting guide license you must have a hunting license and register with DLNR as a guide. The guide’s clients also need a hunting license. $500 / $1000 / $2000
Hunting – General Wildlife It is prohibited to hunt, capture, kill or take any wildlife from public lands or lands under control of the board unless authorized $250 / $500 / $1000
Hunting – General Hunting on private land No hunting on private land without the permission of the landowner $500 / $1000 / $2000
Na Ala Hele Trails Commercial Activities, General No commercial activities (without a permit) $500 / $1000 / $2000
Na Ala Hele Trails Commercial Activities, Only in Designated Areas Commercial permits shall be granted only for program trails, accesses, or segments thereof, that have been designated for commercial activity pursuant to subchapter 3. $500 / $1000 / $2000
Na Ala Hele Trails Commercial Permits: Non-Transferrable All commercial permits are non-transferable or assignable $500 / $1000 / $2000
Na Ala Hele Trails Commercial Permits: Responsibility of Permittee Permittee is responsible for all permit conditions and following all rules and regulations listed in the commercial permit $500 / $1000 / $2000
Na Ala Hele Trails Camping No camping along NAH Trail or access without a permit $100 / $200 / $400
Na Ala Hele Trails Restricted Areas Access, Camping, Events Permit required to access restricted areas, camping or for special events $100 / $200 / $400
Na Ala Hele Trails Use of Structures, Vehicles, Equipment on NAH Trails & Accesses No entering, occupying or using a building/structure/facility of another on all Nā Ala Hele trails and accesses unless authorized. No using vehicles, machines, equipment, or tools of another on Nā Ala Hele trails and accesses unless authorized $100 / $200 / $400
Na Ala Hele Trails All Permits Non-Transferrable All trail and access activity permits are non-transferable or assignable $500 / $1000 / $2000
Na Ala Hele Trails All Permits: Responsibility of Permittee Permittee is responsible for all permit conditions and following all rules and regulations listed in the trail and access permit $500 / $1000 / $2000
Natural Area Reserves Commercial Activity No commercial activities in a natural area reserve without special-use permit $500 / $1000 / $2000
Natural Area Reserves Kaʻena Point: Vehicles Prohibited No use of vehicles in Kaʻena point natural area reserve $250 / $500 / $1000
Natural Area Reserves Camping No camping or setting up temporary/permanent shelter in a natural area reserve $100 / $200 / $400
Natural Area Reserves Closed Areas: Observe and Abide Posted Signs Individuals must observe and abide by officially posted signs designating closed areas. Closed areas are marked by posted signs with information on length and scope of closure. Areas are closed by the board with approval of commission for up to two years and reevaluated for renewal of closure. $100 / $200 / $400
Natural Area Reserves Access Prohibited in Closed Areas or After Visiting Hours People cannot go into closed areas in a natural area reserve or after established visiting hours $100 / $200 / $400
Natural Area Reserves ʻAhihi-Kinaʻu: Parking Hours ʻAhihi-Kinaʻu natural area reserve parking areas will be closed daily between 8:00 p.m. and 5:00 a.m., including holidays $100 / $200 / $400
Natural Area Reserves ʻAhihi-Kinaʻu: Parking Fees & Spots Must pay parking fees and park in designated parking areas of Kanahena lot within the Ahihi-Kinau natural area reserve during open lot hours. No parking when Kanahena lot is closed. $100 / $200 / $400
Natural Area Reserves Visiting Hours People must observe and abide by officially posted signs designating visiting hours. $100 / $200 / $400
Wildlife Sanctuary Commercial Activity: Permit Required No commercial activities in a wildlife sanctuary without a permit $500 / $1000 / $2000
Wildlife Sanctuary Commercial Vessel Landing People landing on a wildlife sanctuary in vessels rented by a commercial vendor must have a visible entry sticker. Commercial vendors are responsible if vessels do not have a sticker. Emergency or official government vessels are exempt. $500 / $1000 / $2000
Wildlife Sanctuary Wildlife or Plants Do not introduce, feed, capture, kill or take any plant or animal from wildlife sanctuary unless authorized $250 / $500 / $1000
Wildlife Sanctuary Camping & Camping Structures No camping or setting up a tent, tarpaulin, other structure, or use camper units or trailers in a wildlife sanctuary unless authorized $100 / $200 / $400
Wildlife Sanctuary Closed Sanctuaries: No Entry People cannot enter or land onto closed wildlife sanctuaries (listed in HAR 126, Exhibit 1) unless authorized $100 / $200 / $400
Wildlife Sanctuary Visiting Hours People can only visit wildlife sanctuaries, except for Kipuka ʻAinahou, during daylight hours unless authorized $100 / $200 / $400
Wildlife Sanctuary Residing in a Wildlife Sanctuary No person shall occupy or establish temporary/permanent residence in a state wildlife sanctuary without a permit. $100 / $200 / $400

NONDISCRIMINATION NOTICE

The Department of Land and Natural Resources receives financial support under the Federal Aid in Sport Fish and Wildlife Restoration and other federal programs. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and the laws of the State of Hawaii, the U.S. Department of Interior and the State of Hawaii prohibit discrimination on the basis of race, color, religion, sex, national origin, age, and disability. If you believe that you have been discriminated against in any program, activity or facility, or if you desire information, please write to: Affirmative Action Officer, Personnel Office, Department of Land and Natural Resources, 1151 Punchbowl Street, Rm. 231, Honolulu, HI 96813, or the Federal agency supporting the program.