RELATING TO ANIMALS.

HB980

HOUSE OF REPRESENTATIVES

H.B. NO.

980

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO 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 feral chickens have become a persistent
nuisance, particularly in and around residential communities, by wandering into
private land.
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Many Hawaii residents have
repeatedly voiced concerns regarding feral chickens because these animals
create nuisances by foraging in residential areas, crowing at inconvenient
hours, agitating household pets, and creating road hazards for drivers who must
suddenly stop or swerve to avoid them.

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The legislature further finds that cases of
H5N1 avian influenza (also known as "bird flu") have been rising
across the United States and beyond, raising serious concerns about
cross-contamination.
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Feral chickens, as
potential carriers of this highly contagious and deadly disease, present a
significant threat not only to Hawaii's native bird populations, but also to
public health as the transmission of the virus to humans is a serious concern.
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Since March 2024, there have been sixty-six
reported infections and at least one confirmed death attributed to avian
influenza in the United States.
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The
uncontrolled presence of feral chickens increases the risk of spreading the
disease and highlights the urgent need to take action.

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Accordingly, the purpose of this Act is to
permit the killing of feral chickens on private land with the permission of the
landowner.

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SECTION
2
.
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Section
142-93.5, Hawaii Revised Statutes, is amended to read as follows:

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"
[
[
]�142-93.5[
]
]
�
Mongoose;
feral chickens;
killing
allowed.
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(a)
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No person shall be prohibited from killing [
a
]
:

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(1)
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A
mongoose in any manner not
prohibited by law, including by trapping[
.
]
; or

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(2)
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A feral chicken on private land
with the permission of the landowner
in any manner not
prohibited by law, including but not limited to poisoning the feral chicken in
a cage using ,
decapitation, and drowning.

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(b)
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Nothing in this section shall be construed
to:

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(1)
�
Permit animal fighting or
cockfighting;

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(2)
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Permit the use of torture,
starvation, immolation, or beating; or

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(3)
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Create a right of entry on private
land without consent from the private land's owner.

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(c)
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As used in this section:

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"Feral
chickens" are a subset of "wild birds" as defined in section
183D-1.

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"Private
land" means any land owned by a person or entity, but does not include any
land owned by the State, a county, the federal government, or any political
subdivision thereof.
"

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SECTION
3
.
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Section
183D-62, Hawaii Revised Statutes, is amended to read as follows:

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"
�183D-62
�
Taking, injuring, or
destroying wild birds prohibited.
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Except as provided in section 183D-61, no person shall intentionally,
knowingly, or recklessly take, catch, injure, kill, or destroy, or attempt to
take, catch, injure, kill, or destroy, any wild bird, or to keep or have
possession of any wild bird, dead or alive, or to damage or destroy a nest of
any wild bird[
.
]
; provided that this section shall not apply to acts
performed in accordance with section 142-93.5.
"

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SECTION
4
.
�
Section
711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to
read as follows:

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"
(1)
�
A person commits the offense of cruelty to
animals in the second degree if the person intentionally, knowingly, or
recklessly:

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(a)
�
Overdrives,
overloads, tortures, torments, beats, causes substantial bodily injury to, or
starves any animal, or causes the overdriving, overloading, torture, torment,
beating, or starving of any animal;

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(b)
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Deprives a pet animal of necessary sustenance
or causes that deprivation;

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(c)
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Mutilates, poisons, or kills without need any
animal other than insects, vermin, or other pests; provided that the handling
or extermination of any insect, vermin, or other pest is conducted in
accordance with standard and acceptable pest control practices and all
applicable laws and regulations;
provided further that this paragraph shall
not apply to acts performed in accordance with section 142-93.5;

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(d)
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Keeps, uses, or in any way is connected with
or interested in the management of, or receives money for the admission of any
person to, any place kept or used for the purpose of fighting or baiting any
bull, bear, cock, or other animal, and includes every person who encourages,
aids, or assists therein, or who permits or suffers any place to be so kept or
used;

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(e)
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Carries or causes to be carried, in or upon
any vehicle or other conveyance, any animal in a cruel or inhumane manner;

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(f)
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Confines or causes to be confined, in a kennel
or cage, any pet animal in a cruel or inhumane manner;

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(g)
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Tethers, fastens, ties, or restrains a dog to
a doghouse, tree, fence, or any other stationary object, or uses a trolley,
trolley with swivels, pulley, cable, running line, or trolley lacking swivels
at each end that is designed to attach a dog to two stationary objects in a
configuration that endangers the dog, including preventing the dog from
obtaining necessary sustenance;

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(h)
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Tethers or
restrains a dog under the age of six months unless the dog is engaged in an
activity supervised by its owner or an agent of its owner;

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(i)
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Tethers or
restrains a dog by a tow or log chain;

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(j)
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Tethers or
restrains by means of choke collar, pinch collar, or prong collar unless the
dog is engaged in an activity supervised by its owner or an agent of its owner;
or

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(k)
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Assists another in
the commission of any act specified in paragraphs (a) through (j)."

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SECTION 5.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Mongoose;
Feral Chickens; Criminal Offenses

Description:

Amends
the law authorizing the killing of mongoose by clarifying the circumstances
under which mongoose may be killed and authorizing feral chickens to be killed
under 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.