RELATING TO WILDLIFE.

HB49

HOUSE OF REPRESENTATIVES

H.B. NO.

49

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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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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"
�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

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(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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(b)
�
No
person shall:

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(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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(2)
�
Import, export,
or collect the semen, gametes, or embryos of a cetacean for the purposes of
artificial insemination; or

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(3)
�
Import, export,
transport, move, or sell a cetacean held in captivity in the State to another
state or country
.

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(c)
�
Subsection
(a) shall not apply to cetaceans that:

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(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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(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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(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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(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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(f)
�
For the purposes of this section:

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"Bona fide educational or
scientific institution" means an organization that:

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(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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(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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"Cetacean" means any
member of the order cetacea, including whales, dolphins, and porpoises.

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"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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SECTION 2.
�
New statutory material is underscored.

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SECTION 3.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.