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HI - Assistance Animal - Assistance Animal/Guide Dog Laws |
H R S § 711-1109.4; § 711-1109.5; § 143-4; § 347-2.5 - 20; § 489-1 - 9; § 142-5.5; § 515-3; § 279J-10 |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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HI - Cruelty - Consolidated Cruelty Laws (Chapter 711) |
H R S § 711-1100 to 1110.5 |
Under this set of Hawaii laws, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises. Dog fighting constitutes a felony where the person owns or trains the dog to fight. The section has enhanced penalties for cruelty to guide or service animals or interference with their duties. |
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HI - Disaster; Accomodations for Pets - Chapter 128. Civil Defense and Emergency Act. |
HRS § 127A-1, § 127A-2, and § 127A-19 (Formerly cited as HRS § 128-1 et seq.) |
These sections replace former HRS § 128-1. In terms of animal-related provisions, the definition for "evacuation" includes mention of animals. In the section on sheltering, the law states that "[c]ounty emergency management agencies shall be responsible for identifying and operating locations and facilities suitable for sheltering" both the public and pet animals. "Pet animal” has the same meaning as defined in section 711-1100. |
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HI - Dog - General Dog Provisions |
H R S § 143-1 - 20; H R S § 183D-65 |
This Hawaii statute provides the pertinent regulations for dogs in the state. Included in its provisions are licensing, impoundment, seizure of loose or unlicensed dogs, and stray animals. Of particular note is a provision that makes it unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation. |
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HI - Dog Bite - Chapter 142. Animals, Brands, and Fences. |
H R S § 142-74, 75 |
This Hawaii statute provides that the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident. Whenever a dog has bitten a human being on at least two separate occasions (with no applicable exceptions), any person may bring an action against the owner of the dog. Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning the offending dog. |
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HI - Dog Bite - CHAPTER 663. TORT ACTIONS. |
H R S § 663-9 - § 663-9.1 |
This statute represents Hawaii's relevant dog bite law. Under the statute, an owner or harborer of an animal is strictly liable for personal or property damage to any person, regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. |
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HI - Domestic Violence - Chapter 586. Domestic Abuse Protective Orders |
H R S § 586-4 |
This law reflects Hawaii's provision for temporary restraining orders in cases of domestic abuse. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court (see (c)(4)). |
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HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants |
H R S § 195D-1 - 32 |
Hawaii endangered species law prohibits any taking, transport or commerce in designated species. It further outlines conservation programs that mandate continued research on listed species. Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts. Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions. |
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HI - Equine Activity Liability Statute |
H R S § 663B-1, B-2 |
Hawaii is unique in how it treats liability for injuries incurred during equine activities. The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. |
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HI - Facility dog - [§ 621-30]. Use of a facility dog |
H R S § 621-30 |
This Hawaii law enacted in 2016 states that a court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness (as defined) if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness. Prior to use, the moving party must establish that the dog is credentialed; the dog is adequately insured; and that there is a relationship between the witness and the facility dog. |
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HI - Hunting - Chapter 183D. Wildlife |
H R S § 183D-27.5 |
This law reflects Hawaii's hunter harassment provision. The law states that no person shall intentionally prevent or attempt to prevent the lawful taking of game by a licensed person. Such prohibited acts include placing oneself in the line of fire; creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken; affecting the condition or placement of personal property used in the taking of animals; and obstructing a person's access where the person intends to lawfully take game. Violation of this law incurs a fine of $500, thirty days imprisonment, or both. |
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HI - Importation, quarantine - Chapter 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import |
H R S § 150A-5 - 15 |
These laws concern the importation of animals, plants, and microorganisms into the State of Hawaii. |
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HI - Impound - Chapter 143. Animals: Licenses and Regulations. |
H R S § 143-8 |
This Hawaii statute provides that, except where licensing requirements are dispensed with, every officer shall seize any unlicensed dog found running at large or found outside a sufficient enclosure even if within the immediate presence of its owner. The animal will then be confined at a pound for forty-eight hours whereupon it can be redeemed by the owner, sold, or humanely destroyed if not reclaimed. Each county council shall have the power to fix the impoundment fee for dogs. |
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HI - Lien - § 507-1. Animals, lien for care of |
HRS § 507-1, 507-2, 507-3 |
Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs. |
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HI - Research - [§ 321-30.4]. Cosmetics; animal testing; prohibition |
H R S § 321-30.4 |
This Hawaii law from 2021 makes it unlawful for a manufacturer to import for profit, sell, or offer for sale in the State any cosmetic for which the manufacturer knew or reasonably should have known that an animal test was conducted or contracted, by or on behalf of the manufacturer or any supplier of the manufacturer, on or after January 1, 2022, in a cruel manner, as identified in section 711-1108.5(1)(a). A violation of this section shall be punishable by a fine of $5,000 and an additional $1,000 for each day the violation continues. Certain exceptions to the testing ban exist under this act. |
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HI - Shark fins; prohibited - Chapter 188. Fishing Rights and Regulations. |
H R S § 188-40.7 |
Hawaii passed this law in 2010 prohibiting the sale, trade, or distribution of shark fins. Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption. Any person violating this section or any rule adopted pursuant to this section incurs an administrative fine of not less than $5,000 and not more than $15,000 for first offense. The fine then increases to $15,000 - $35,000 for a second offense, and $35,000 - 50,000 or imprisonment for up to 1 year, or both, for a third or subsequent offense. |
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HI - Therapy animals - [§ 323-51]. Animal therapy |
H R S § 323-51 |
This Hawaii law allows common household pets to be brought into long term health care facilities for the purpose of visiting patients. The institution can determine the rules for visitation. It also may require the animal owner o produce written documentation from a veterinarian attesting to the animal's good health. |
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HI - Trusts for domestic or pet animals. - [§ 554D-408]. Trust for care of animal |
H R S § 554D-408 |
This statute represents Hawaii's pet trust law (note: this new section replaces former H.R.S. § 560:7-501). A trust for the care of one or more designated domestic or pet animals shall be valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence shall be admissible in determining the transferor's intent. |
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HI - Vehicle - § 291C-124. Obstruction to driver's view or driving mechanism |
H R S § 291C-124 |
This Hawaii law states that no person shall hold in his or her lap or allow to be in the driver's immediate area any animal that interferes with the "driver's control over the driving mechanism of the vehicle." |
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HI - Veterinary - CHAPTER 471. VETERINARY MEDICINE. |
H R S § 471-1 - 18; H R S § 472-1 - 3 |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
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HI - Wildlife - Chapter 183D. Wildlife. |
H R S § 183D-1 - 66 |
These statutes comprise Hawaii's wildlife provisions. |
