Relating To Wildlife Conservation.
SB849 strengthens Hawaii’s wildlife conservation laws by specifically prohibiting the intentional taking, harming, or killing of the ʻio, or Hawaiian hawk, except as otherwise allowed under existing law. It also revises the state’s broader native species enforcement framework in Chapter 195D of the Hawaii Revised Statutes to increase criminal and administrative penalties for violations involving native aquatic life, wildlife, and land plants.
Under the bill, a first violation of Chapter 195D or related rules remains a misdemeanor, but the bill raises the minimum fine and preserves the possibility of imprisonment. A second or subsequent violation becomes a class C felony, with increased fines, up to two years’ imprisonment, or rehabilitative community service. The bill also increases administrative fines for violations, including higher minimum and maximum amounts for first, second, and third-or-subsequent violations, and raises the per-specimen fine for each animal or plant taken, killed, injured, or damaged.
The bill’s impact is to give the state stronger enforcement tools against poaching, illegal hunting, and other harms to protected native species, while specifically elevating protection for the Hawaiian hawk as an indigenous species of cultural and ecological importance. It amends state law to create a direct prohibition on harming the ʻio and to make penalties for native species violations more severe and more deterrent-focused.
The general sentiment reflected in the bill text and voting history is strongly supportive of conservation enforcement. The bill passed the Senate Agriculture and Environment Committee unanimously with amendments and later passed the Senate Judiciary Committee unanimously and unamended, suggesting broad agreement on the need for stronger protections. The findings emphasize ecological balance, biodiversity, and cultural significance, indicating a clear pro-conservation policy direction.
The main point of contention appears to be the severity of penalties rather than the underlying goal of protecting native species. The bill explicitly states that current penalties are not sufficient to deter harmful conduct, and it responds by increasing fines and creating felony exposure for repeat offenses. Any debate would likely center on whether the higher minimum fines, felony classification, and expanded administrative penalties are appropriately calibrated, but the available voting record shows no recorded opposition in committee.
SB849 amends Chapter 195D, Hawaii Revised Statutes, by adding a specific prohibition on intentionally taking, harming, or killing the ʻio (Hawaiian hawk) and by increasing criminal and administrative penalties for violations involving native aquatic life, wildlife, and land plants. It raises first-offense misdemeanor penalties, makes second or subsequent offenses class C felonies, and increases administrative fines and per-specimen penalties, thereby expanding the enforcement authority and deterrent effect of Hawaii’s native species protection laws.
The available legislative record shows strong support for the bill’s conservation goals. It passed the Senate Agriculture and Environment Committee 5-0 with amendments and the Senate Judiciary Committee 4-0 without amendment. The bill’s findings and report title frame it as a wildlife protection and native ecosystem measure, indicating a broadly favorable sentiment toward stronger protections for the ʻio and other indigenous species.
The bill’s likely area of contention is the level of punishment it imposes. It increases minimum fines, authorizes class C felony treatment for repeat violations, and raises administrative penalties substantially, which could raise concerns about proportionality, enforcement discretion, and impacts on individuals or land users who violate the law. However, no committee transcript opposition is available, and the unanimous committee votes suggest that any disagreement was limited or resolved through amendments.