RELATING TO FERAL ANIMALS.

HB2561

HOUSE OF REPRESENTATIVES

H.B. NO.

2561

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to feral animals
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that the city
and county of Honolulu currently regulates the keeping of chickens in urban
Honolulu, including limits on the number of chickens or peafowl per household
and land use standards that allow the accessory keeping of hens but not
roosters.
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The legislature further finds
that although existing animal nuisance provisions prohibit nuisance behavior by
animals, including poultry, increasing feral chicken activity on public lands
may contribute to public nuisance conditions, sanitation concerns, and impacts
to public facilities and neighboring properties.

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The
purpose of this Act is to strengthen and complement existing local rules in cities
with a population of three hundred thousand or more by:

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(1)
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Classifying feral chickens on public lands as
a controllable pest for purposes of public health and nuisance prevention;

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(2)
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Prohibiting the intentional keeping,
maintaining, or supporting of feral chickens on state or city lands, including
by feeding or placing chickens in these areas;

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(3)
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Prohibiting the abandonment or dumping of
chickens on public lands or on private property without consent; and

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(4)
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Affirming the authority of private property
owners to humanely control feral chickens on their own property, consistent
with state animal protection laws and city requirements.

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SECTION 2.
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The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:

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Chapter

feral chickens

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� -1
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Applicability.
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This chapter shall apply to lands within
any city with a population of three hundred thousand or more or more.

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Definitions.
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As used in this chapter, unless the context
clearly requires otherwise:

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"Chicken"
means any domestic fowl of the species
Gallus gallus domesticus
,
including roosters and hens.

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"Feral
chicken" means a chicken that is free-roaming and not under the custody
and control of an owner or keeper.

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"Owner"
includes any person who possesses, keeps, harbors, or exercises control over a
chicken.

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"Public
land" means land owned, leased, managed, or controlled by the State or a city
with a population of three hundred thousand or more.

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"Support"
means to intentionally feed, water, shelter, harbor, place, relocate, or
otherwise maintain a feral chicken population in a manner that encourages
continued presence or congregation on public land.

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Feral chickens; pests; public
lands.
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(a)
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Feral chickens present on public lands shall
be declared a public nuisance and controllable pest for purposes of public
health, sanitation, and the safe use and enjoyment of public property.

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(b)
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This designation is intended to support
coordinated control and nuisance abatement and is consistent with the
recognition that household pests may include birds for pest-control purposes.

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Prohibited acts on public lands; feeding and
placement.
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(a)
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Prohibited acts regarding feral chickens
shall include but are not limited to:

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(1)
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Feeding feral chickens on public land;

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(2)
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Placing food or other attractants for feral
chickens on public land;

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(3)
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Intentionally abandoning, depositing, dumping,
relocating, or releasing chickens onto:

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(A)
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Public land; or

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(B)
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Private property without the knowledge and
consent of the private property owner or lawful occupant of the private
property; and

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(4)
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Creating or maintaining areas intended to
attract or allow the congregation of feral chickens on public land.

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(b)
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No person shall abandon, release, dump, or
relocate any chicken in a manner that is intended to evade or violate the
limits on household chicken keeping, as determined by a city with a population
of three hundred thousand or more.

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(c)
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This section is in addition to any other
applicable state law prohibiting animal desertion or cruelty.

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� -5

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Feral chickens; humane control on
private property.
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(a)
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A private property owner or lawful occupant
may capture and humanely control a feral chicken located on that property
owner's or lawful occupant's property; provided that all actions to humanely
control the feral chicken shall comply with state laws prohibiting cruelty to
animals, including provisions as prescribed in section 711-1108.5 or 711-1109,
and any applicable city requirements.

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(b)
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Nothing in this chapter shall be construed to
require a private property owner to provide food, water, or shelter to a feral
chicken.

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Enforcement; coordination.
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(a)
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This chapter may be enforced by:

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(1)
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The department of land and natural resources
with respect to state public lands; and

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(2)
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The police department of a city with a
population of three hundred thousand or more, through the department's authorized
agencies with respect to city public lands.

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(b)
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The authorized enforcing agencies may
coordinate with animal welfare partners and public health partners regarding
complaint response, education, and humane handling of feral chickens.

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Penalties.
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(a)
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A person who violates section ‑4
shall be subject to a civil fine of:

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(1)
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No more than $250 for a first violation;

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(2)
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No more than $500 for a second violation
within one year of the previous violation; and

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(3)
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No more than $1,000 for a third or additional
violation within one year of the first violation.

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(b)
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Each day of a continued violation pursuant to
this section shall constitute a distinct and separate violation subject to
penalties.

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Rules.
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The department of land and
natural resources may adopt rules pursuant to chapter 91 to implement and
administer this chapter for state lands, including rules regarding signage,
notice, and coordinated response for feral chickens, consistent with this
chapter."

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SECTION 3.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Land and Natural Resources; Feral Chickens; Prohibition; Fines; Enforcement

Description:

Designates
feral chickens on public lands, in a city with a population of three hundred
thousand or more, as a controllable pest for purposes of public health and
nuisance prevention.
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Prohibits the
intentional keeping, maintaining, or supporting of feral chickens on state or certain
city lands, including by feeding or placing chickens in such areas.
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Prohibits the abandonment of chickens on
public lands or on private property without consent.
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Establishes fines and authorized enforcing
agencies.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.