Hawaii State Laws Governing Private Possession of Exotic Animals
The board finds that there exists serious danger to the agricultural, horticultural, and aquacultural industries, natural resources, and environment of Hawaii by the uncontrolled introduction of feral and other non-domestic animals.
(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter at any stage of development is prohibited except for those animals on the lists incorporated in §4-71-6.5 by permit, and except as provided by section 150A-6(b), HRS.
(b) The list of animals designated as prohibited entry pursuant to sections 150A-6(b) and 150A 6(d), HRS, dated November 18, 1998, and located at the end of this chapter is made a part of this section. No person shall introduce into Hawaii any animal from the list of prohibited animals.
PROHIBITED ANIMAL LIST - MAMMALS
|SCIENTIFIC NAME||COMMON NAME|
|PHYLUM Chordara (crosses with prohibited species)||Animals, hybrid; (all hybrid-crossed where one or both parents are prohibited)|
|Canis familiaris crossed with wolf, coyote, dingo, jackal, fox, dhole, African wild dog, racoon dog, bush dog, etc.||dog, hybrid; (all hybrid-crosses, where one or both parents are prohibited or restricted)|
|Felis catus crossed with lynx, ocelot, margay, puma, jaguarandi, bobcat, leopard cat, wild cat, etc.||Cat hybrid; (all hybrid-crosses where one or both parents are prohibited or restricted)|
|CLASS Mammalia; ORDER Chiroptera Chiroptera (all species in order)||Bats|
|FAMILY Pteropodidae Pteropus (all species in genus)||foxes, flying|
|ORDER Lagomorpha FAMILY Leporidae LeDus (all species in genus)||hares, wild|
|ORDER Rodentia FAMILY Cricetidae||Cricetidae (all in family, except the following five species for research by government agencies only: Cricetulus griseus (mouse, Chinese); Gerbillus gerbillus (gerbil); Mesocricetus auratus (hamster); Meriones unquiculatus (gerbil); and Sigmondon hispidus (rat, cotton))|
(a) The chairperson shall establish an ad hoc panel of no fewer than three members with applicable expertise in vertebrate biology to determine if an animal is a prohibited hybrid animal when the branch suspects that the lineage of the animal is not as stated by the owner or on other official documents.
(b) The ad hoc panel shall review all pertinent information including, but not limited to, expert consultations, health and pedigree certificates, owner's statements, branch findings, or viewings of the animal, to determine lineage of a suspect prohibited hybrid animal.
(c) After its review and determination the ad hoc panel shall report its findings to the branch, and appropriate action shall be taken by the branch on the disposition of the suspect hybrid prohibited animal.
(d) In any contested case arising out of the identification of a suspected hybrid animal, the method of identification selected by the ad hoc panel shall not be overturned absent evidence of actual bias on the part of one or more of the ad hoc panel members or unless the method of identification lacks a scientific basis.
(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter is only allowed:
(1) For those animals on the list designated as conditionally-approved and dated November 18, 1998, or on the list designated as restricted entry, dated November 18, 1998, pursuant to section I50A-6(b), HRS, both of which lists are located at the end of this chapter and made a part of this section;
(2) By permit approved by the board or chief pursuant to sections 4-71-3 and 4-71-4; and
(3) After securing appropriate bond for certain animals pursuant to sections 4-71-7, 4-71-8, and 4-71-9.
(b) Pursuant to the requirements of subsection (a) herein, the introduction of animals on the lists of conditionally-approved or restricted animals is allowed as follows:
(1) Animals on the list of conditionally-approved animals, for individual possession, businesses, or institutions;
(2) Animals on Part A of the list of restricted animals, for research by universities or government agencies, exhibition in municipal zoos or government-affiliated aquariums, for other institutions for medical or scientific purposes as determined by the board, or for other purposes as specified in this chapter; and
(3) Animals on Part B of the list of restricted animals, for the purposes described in subsection (b)(2) herein or for private and commercial use, including research, zoological parks, or aquaculture production.
(c) The introduction of unlisted animals for the purpose of conducting scientific research that is not detrimental to agriculture, the environment, or humans requires a special permit on a case-by-case basis for import and possession if the importer can meet permit requirements or other guidelines as determined by the board pursuant to section 150A-6(b), HRS.
(d) The introduction of unlisted animals for the purpose of filming, performance, or exhibition requires a short-term special permit on a case-by-case basis not to exceed 90 days for importation and possession if the importer can meet permit and bonding requirements as determined by the board pursuant to section 150A-6(b), HRS.
(e) The permittee shall obtain prior site approval for animals on the list of restricted animals and for unlisted animals under special permit as determined by the board.
(f) Restricted list animals and unlisted animals under special permit as determined by the board require a permit for both import and possession. Where a permit for a restricted list animal allows transfer or sale, the proposed transferee shall first obtain a permit for possession of the animal by application to the chief, site inspection approval, and satisfaction of any bond or other requirements applicable.
(g) The board may establish permit conditions including but not limited to, time, place, location, use, special precautions, health requirements, and safeguarding the animal from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state or federal laws. The permittee shall comply with the requirements of this chapter, chapter 150A, HRS, and specific permit conditions established by the board.