§199-4 Board of land and natural resources, police powers.

357 words·~2 min read·/hi/chapter-199/199-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The board of land and natural resources shall have police powers and may appoint and commission enforcement officers within the conservation and resources enforcement program. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer, including the power of arrest, and in addition to enforcing title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, may enforce all other state laws and rules, and county ordinances within all lands and waters of the State; provided that such powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when such employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty will be the enforcement of title 12, chapters 6D, 6E, and 6K, and the rules adopted thereunder within the areas under the jurisdiction of the department of land and natural resources.

(b)An enforcement officer, upon arresting any person for violation of title 12, chapter 6D, 6E, or 6K, or any rule adopted thereunder, may immediately take the person arrested to a police station or before a district judge, or take the name, address, and the number of the fishing, hunting, or other licenses or permits, if any, of the person, and note the violation of the law or rule by the person, and issue the person a summons or citation, printed in the form described in section 199-5, warning the person to appear and to answer to the charge against the person at a certain place and time within seven days after the arrest. Any person failing to obey a summons issued pursuant to this section shall be subject to section 199-6. [L 1978, c 171, pt of §1; am L 1981, c 226, §1; am L 1982, c 147, §10; gen ch 1985; am L 2004, c 142, §11]

Law Journals and Reviews

Mai Kēia Manawa ā Mau Loa Aku: Kānaka Maoli Governance Through Nearshore Fisheries Management in Mo`omomi. 45 UH L. Rev. 185 (2022).