Hawaii 2025 Regular Session

Hawaii Senate Bill SB1021 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1021 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to wildlife. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1021
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1021
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to wildlife.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§183D- Cetaceans; captivity; prohibited. (a) Except as provided in subsection (c), no person shall keep in captivity a cetacean for any purpose including but not limited to display, performance, or entertainment purposes; provided that: (1) A cetacean held in captivity by a bona fide educational or scientific institution that cannot be released into the wild because of concerns for the health or safety of the animal may be used for educational presentations; and (2) A cetacean held in captivity by an organization other than a bona fide educational or scientific institution prior to the effective date of this Act may continue to be held in captivity for display, performance, or entertainment purposes. (b) No person shall: (1) Breed or impregnate a cetacean held in captivity, including any cetacean held in captivity by a bona fide educational or scientific institution, after the effective date of this Act; (2) Import, export, or collect the semen, gametes, or embryos of a cetacean for the purposes of artificial insemination; or (3) Import, export, transport, move, or sell a cetacean held in captivity in the State to another state or country. (c) Subsection (a) shall not apply to cetaceans that: (1) Are held in captivity by a bona fide educational or scientific institution and cannot be released into the wild due to health or other safety concerns; or (2) Are temporarily in the custody of a bona fide education or scientific institution for rehabilitation after a rescue or stranding or for research purposes. (d) Any organization that rescues or otherwise acquires a cetacean after the effective date of this Act shall promptly notify the department of land and natural resources of the rescue or acquisition of the cetacean. (e) Any person who violates this section shall be guilty of a misdemeanor and shall be subject to a fine of no more than $ . (f) For the purposes of this section: "Bona fide educational or scientific institution" means an organization that: (1) Is an educational or scientific tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (2) Has received accreditation as an educational or scientific institution from the Association of Zoos and Aquariums or a qualified national, regional, state, or local authority for the institution's location. "Cetacean" means any member of the order cetacea, including whales, dolphins, and porpoises. "Educational presentation" means a live, scheduled display of a cetacean in the presence of spectators that includes demonstrations of natural behaviors, enrichment, or exercise activities and is accompanied by a live narration or video content that provides science-based education about cetaceans." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§183D- Cetaceans; captivity; prohibited. (a) Except as provided in subsection (c), no person shall keep in captivity a cetacean for any purpose including but not limited to display, performance, or entertainment purposes; provided that:
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53	53	(1) A cetacean held in captivity by a bona fide educational or scientific institution that cannot be released into the wild because of concerns for the health or safety of the animal may be used for educational presentations; and
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55	55	(2) A cetacean held in captivity by an organization other than a bona fide educational or scientific institution prior to the effective date of this Act may continue to be held in captivity for display, performance, or entertainment purposes.
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57	57	(b) No person shall:
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59	59	(1) Breed or impregnate a cetacean held in captivity, including any cetacean held in captivity by a bona fide educational or scientific institution, after the effective date of this Act;
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61	61	(2) Import, export, or collect the semen, gametes, or embryos of a cetacean for the purposes of artificial insemination; or
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63	63	(3) Import, export, transport, move, or sell a cetacean held in captivity in the State to another state or country.
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65	65	(c) Subsection (a) shall not apply to cetaceans that:
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67	67	(1) Are held in captivity by a bona fide educational or scientific institution and cannot be released into the wild due to health or other safety concerns; or
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69	69	(2) Are temporarily in the custody of a bona fide education or scientific institution for rehabilitation after a rescue or stranding or for research purposes.
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71	71	(d) Any organization that rescues or otherwise acquires a cetacean after the effective date of this Act shall promptly notify the department of land and natural resources of the rescue or acquisition of the cetacean.
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73	73	(e) Any person who violates this section shall be guilty of a misdemeanor and shall be subject to a fine of no more than $ .
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75	75	(f) For the purposes of this section:
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77	77	"Bona fide educational or scientific institution" means an organization that:
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79	79	(1) Is an educational or scientific tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or
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81	81	(2) Has received accreditation as an educational or scientific institution from the Association of Zoos and Aquariums or a qualified national, regional, state, or local authority for the institution's location.
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83	83	"Cetacean" means any member of the order cetacea, including whales, dolphins, and porpoises.
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85	85	"Educational presentation" means a live, scheduled display of a cetacean in the presence of spectators that includes demonstrations of natural behaviors, enrichment, or exercise activities and is accompanied by a live narration or video content that provides science-based education about cetaceans."
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87	87	SECTION 2. New statutory material is underscored.
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89	89	SECTION 3. This Act shall take effect upon its approval.
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93	93	INTRODUCED BY: _____________________________
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95	95	INTRODUCED BY:
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97	97	_____________________________
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103	103	Report Title: Cetaceans; Captivity; Breeding; Ban; Fine Description: Bans the keeping or breeding of cetaceans in captivity except in certain circumstances. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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109	109	Report Title:
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111	111	Cetaceans; Captivity; Breeding; Ban; Fine
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115	115	Description:
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117	117	Bans the keeping or breeding of cetaceans in captivity except in certain circumstances.
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125	125	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.