§195D-2  Definitions.  As used in this
chapter:



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



"Board" means the board of land and
natural resources;



"Candidate species" means any species
being considered by the United States Secretary of the Interior for listing as
an endangered or threatened species, but not yet the subject of a proposed
rule;



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



"Department" means department of land
and natural resources;



"Direct payments" means governmental
compensation of landowners for their discovery, care, maintenance, and recovery
of endangered, threatened, proposed, or candidate species or their essential
habitat;



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



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



"Endangered Species Act" means the
Endangered Species Act of 1973, 87 Stat. 884, or as such Act may be
subsequently amended;



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



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



"Jeopardize the continued existence of an
endangered or threatened, proposed, or candidate species" means any action
that would be expected, directly or indirectly, to reduce the likelihood of the
survival or recovery of the species in the wild, including the loss of genetic
diversity of its populations where the species is a plant species;



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



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



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



"Natural communities" means a natural
assemblage 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, or
any officer, employee, agent, department, or instrumentality of the federal
government, of any state or political subdivision thereof, or of any foreign
government;



"Private lands" mean lands that are
not "public lands", as defined in this section;



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



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



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



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



"State marine waters" means all
waters of the State extending from the upper reaches of the wash of the waves
on shore seaward to the limit of the State's police power and management
authority, including the United States territorial sea, notwithstanding any law
to the contrary;



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



"Threatened species" means any
species of aquatic life, wildlife, or land plant which appears likely, within
the foreseeable future, to become endangered and has been so designated
pursuant to section 195D-4; and



"Wildlife" means any nondomesticated
member of the animal kingdom, whether reared in captivity or not, including any
part, product, egg, or offspring thereof, except aquatic life as defined in
this 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 and
Polynesian introduced plants in public landscaping, see §103-24.6.