Hawaii Revised Statutes 195D-8 – Search and seizure
Terms Used In Hawaii Revised Statutes 195D-8
- Aquatic life: means any type of species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animals that inhabit the freshwater or marine environment, and includes any part, product, egg, or offspring thereof, or freshwater or marine plants, including seeds, roots, and other parts thereof. See Hawaii Revised Statutes 195D-2
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means department of land and natural resources. See Hawaii Revised Statutes 195D-2
- Land plant: means any member of the plant kingdom, including seeds, roots and other parts thereof, except freshwater or marine plants. See Hawaii Revised Statutes 195D-2
- Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government. See Hawaii Revised Statutes 195D-2
- Wildlife: means any nondomesticated member of the animal kingdom, whether reared in captivity or not, including any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 195D-2
Any officer or agent authorized pursuant to § 195D-7 shall have the authority to conduct searches as provided by law and to seize any equipment, business records, merchandise, aquatic life, wildlife, or land plant taken, possessed, transported, sold, offered for sale, or used in violation of any section of this chapter or any rule adopted hereunder, and any of the foregoing so seized shall be held by the department pending disposition of environmental court proceedings, or the department prior to forfeiture, may direct the transfer of aquatic life, wildlife, or land plants so seized to a qualified ichthyological, zoological, botanical, educational, or scientific institution for safekeeping, costs thereof to be paid by the defendant. Upon conviction of the person or persons from whom the seizure was made, the environmental court shall declare the items seized forfeited to the State. Such items shall be destroyed or disposed of in any manner as the department may deem appropriate.