§183D-28  Hunter education program. (a)  The department shall establish a hunter education program to provideinstruction in hunter safety, principles of conservation, and sportsmanship. Upon successful completion of the program, the department shall issue to thegraduate a hunter education certificate which shall be valid for the life ofthe person.  This certification shall be rescinded by judicial action upon theconviction of a wildlife and/or firearms violation.  No person shall beeligible for a hunting license unless the person possesses a valid huntereducation certificate or meets the requirements for exemption provided insubsection (b)(2), and is either:

(1)  Born after December 31, 1971; or

(2)  Born before January 1, 1972, and has neverbeen issued a hunting license in the State.

(b)  A person who meets the minimum agerequirements adopted pursuant to subsection (c) shall be exempt from therequirements of subsection (a) if the person:

(1)  Was born before January 1, 1972, and at one timepossessed a hunting license issued by the State; provided that the person showssatisfactory proof to the department that the person had possessed the huntinglicense;

(2)  Has successfully completed a course or program ofhunter education and safety that is approved by the International HunterEducation Association and meets the requirements of chapter 12 of the UnitedStates Fish and Wildlife Service Federal Aid Manual, as revised; provided thatthe person shows satisfactory proof in the form of a certificate, wallet card,or other document issued by a state, province, or country evidencing successfulcompletion of the course or program; or

(3)  Obtains a three-day or a seven-day huntinglicense pursuant to section 183D-22(b)(3) to hunt on a private and commercialshooting preserve, accompanied by a hunting guide licensed pursuant to section183D-25.5; provided that:

(A)  All hunting shall be conducted on alicensed private and commercial shooting preserve and under the direction of ahunting guide who has successfully completed a Hawaii hunter educationcertification course and meets the requirements of section 183D-25.5;

(B)  Prior to licensing, a hunter safety classand field training session shall be provided to the licensee that includeshunter safety and hunting equipment use and safe discharge;

(C)  While hunting under these provisions, ahunting guide shall guide not more than two unaccompanied clients at any timewhile hunting;

(D)  All hunting guides and clients shall weara hunter safety blaze-orange outer garment while hunting;

(E)  The private and commercial shootingpreserve operator, hunting guides, and clients agree to be subject toinspection while engaged in hunting activities by department representatives orauthorized law enforcement officers; and

(F)  The private and commercial shootingpreserve owner and operator assume responsibility and liability for public andhunter safety while operating under these provisions and agree to report anyinjuries to the department.

Upon application and satisfaction of therequirements of paragraph (1), the department shall issue a written exemptionthat shall be valid for the life of the person.  The department shall developand 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 pursuantto chapter 91, shall establish minimum age requirements for issuance of thehunter education certificate, or the exemption therefrom, required to obtain a huntinglicense pursuant to section 183D-22(a)(3).

(d)  The department may establish a huntereducation officer position to administer the program, outline all phases ofinstruction, conduct general supervision of individual programs, and distributeinformation on the program, or may contract the program to a qualifiedorganization.

(e)  The department may construct, operate, andmaintain public outdoor and indoor target ranges for the program.

(f)  The department shall prepare reports asmay be necessary to seek approval under Public Law 91-503 for federalassistance in this program of hunter safety, conservation, and sportsmanship. [L1985, c 174, pt of §4; am L 1989, c 96, §2; am L 1991, c 176, §1; am L 1992, c127, §2; am L 1999, c 224, §2; am L 2007, c 129, §3]