§195D-2  Definitions.  As used in thischapter:

"Aquatic life" means any type ofspecies of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod,invertebrate, coral, or other animals that inhabit the freshwater or marineenvironment, and includes any part, product, egg, or offspring thereof, orfreshwater or marine plants, including seeds, roots, and other parts thereof;

"Board" means the board of land andnatural resources;

"Candidate species" means any speciesbeing considered by the United States Secretary of the Interior for listing asan endangered or threatened species, but not yet the subject of a proposedrule;

"Conserve", "conserving",and "conservation" mean to use and the use of all methods andprocedures which are necessary to bring any endangered species or threatenedspecies to the point at which the measures provided pursuant to this chapterand the Endangered Species Act are no longer necessary.  Such methods andprocedures include, but are not limited to, all activities associated withscientific resources management such as research, census, habitat acquisitionand maintenance, propagation, live capture, law enforcement, andtransplantation;

"Department" means department of landand natural resources;

"Direct payments" means governmentalcompensation of landowners for their discovery, care, maintenance, and recoveryof endangered, threatened, proposed, or candidate species or their essentialhabitat;

"Ecosystem" means all naturalelements, physical and biological, of the habitat or site in which any aquaticlife, wildlife, or land plant species is found, and upon which it is dependent;

"Endangered species" means anyspecies whose continued existence as a viable component of Hawaii's indigenousfauna or flora is determined to be in jeopardy and has been so designatedpursuant to section 195D-4;

"Endangered Species Act" means theEndangered Species Act of 1973, 87 Stat. 884, or as such Act may besubsequently amended;

"Habitat banking" means a programthat would allow a landowner, on whose property are found endangered,threatened, proposed, or candidate species or their essential habitat thatwould be impacted by a project being conducted on the property to purchaseanother property on which those affected species are found for the purposes ofpreserving those species as part of an approved habitat conservation plan;

"Indigenous species" means anyaquatic life, wildlife, or land plant species growing or living naturally inHawaii without having been brought to Hawaii by humans;

"Jeopardize the continued existence of anendangered or threatened, proposed, or candidate species" means any actionthat would be expected, directly or indirectly, to reduce the likelihood of thesurvival or recovery of the species in the wild, including the loss of geneticdiversity of its populations where the species is a plant species;

"Landowner" means an owner of land orany estate or interest in that land when acting with the consent of the feeowner.  In the case of government-owned lands, the consent shall be required ofany government department or agency to which management or control of that landhas been assigned;

"Land plant" means any member of theplant kingdom, including seeds, roots and other parts thereof, exceptfreshwater or marine plants;

"License" means written permission bythe department of land and natural resources to do a particular act or seriesof acts which without such permission would be unauthorized or prohibited;

"Natural communities" means a naturalassemblage of plants or animals that occurs within certain elevation, moisture,and habitat conditions;

"Person" means an individual,corporation, partnership, trust, association, or any other private entity, orany officer, employee, agent, department, or instrumentality of the federalgovernment, of any state or political subdivision thereof, or of any foreigngovernment;

"Private lands" mean lands that arenot "public lands", as defined in this section;

"Proposed species" means any speciesthat is the subject of a proposed rule for listing as an endangered orthreatened species pursuant to the Endangered Species Act;

"Public lands" means lands owned bythe federal government, the State, or a county, or lands owned by any politicalsubdivision of the federal government, the State, or a county;

"Recovery" or "recover"means that the number of individuals of the protected species has increased tothe point that the measures provided under this chapter or the federalEndangered Species Act are no longer needed;

"Species" means and shall include anysubspecies or lower taxa of aquatic life, wildlife, or land plants;

"State marine waters" means allwaters of the State extending from the upper reaches of the wash of the waveson shore seaward to the limit of the State's police power and managementauthority, including the United States territorial sea, notwithstanding any lawto the contrary;

"Take" means to harass, harm, pursue,hunt, shoot, wound, kill, trap, capture, or collect endangered or threatenedspecies of aquatic life or wildlife, or to cut, collect, uproot, destroy,injure, or possess endangered or threatened species of aquatic life or landplants, or to attempt to engage in any such conduct;

"Threatened species" means anyspecies of aquatic life, wildlife, or land plant which appears likely, withinthe foreseeable future, to become endangered and has been so designatedpursuant to section 195D-4; and

"Wildlife" means any nondomesticatedmember of the animal kingdom, whether reared in captivity or not, including anypart, product, egg, or offspring thereof, except aquatic life as defined inthis section. [L 1975, c 65, pt of §1; am L 1983, c 111, §3; am L 1990, c 126,§6; gen ch 1993; am L 1997, c 380, §3; am L 2002, c 152, §1; am L 2003, c 35,§3]

 

Cross References

 

  Indigenous andPolynesian introduced plants in public landscaping, see §103-24.6.