§171-3 Department of land and natural
resources. (a) The department of land and natural resources shall be
headed by an executive board to be known as the board of land and natural
resources. The department shall manage, administer, and exercise control over
public lands, the water resources, ocean waters, navigable streams, coastal
areas (excluding commercial harbor areas), and minerals and all other interests
therein and exercise such powers of disposition thereof as may be authorized by
law. The department shall also manage and administer the state parks,
historical sites, forests, forest reserves, aquatic life, aquatic life
sanctuaries, public fishing areas, boating, ocean recreation, coastal programs,
wildlife, wildlife sanctuaries, game management areas, public hunting areas,
natural area reserves, and other functions assigned by law.
(b) Notwithstanding subsection (a), beginning
January 1, 2010, the authority to manage, administer, and exercise control over
any public lands that are designated important agricultural lands pursuant to
section 205-44.5, shall be transferred to the department of agriculture and
biosecurity. [L 1962, c 32, pt of §2; am L 1963, c 135, §4; Supp, §103A-3; HRS
§171-3; am L 1981, c 116, §2; am L 1983, c 15, §2; am L 1991, c 272, §4; am L
1999, c 6, §2; am L 2008, c 233, §16; am L 2025, c 236, §17]
Cross References
Functions and authority, generally, see Const. art. XI, §2
and §26-15.
Hawaii climate change mitigation and adaptation commission,
see §225P-3.
Law Journals and Reviews
A Litigator's Approach to Issues Concerning Exercise and
Protection of Native Hawaiian Traditional and Customary Rights. 43 UH L. Rev.
592 (2021).
Case Notes
Where the subject matter covered by Revised Ordinances of
Honolulu §7-7.2 was the protection of the public against harm caused by
dangerous dogs anywhere within the City's territorial limits by imposing
criminal sanctions on dog owners who negligently fail to control their
dangerous dogs, the ordinance was not aimed at regulating activities or
managing resources within ocean waters; thus, the ordinance did not cover the
same subject matter embraced by the department's authority to manage and
control ocean waters pursuant to this section and did not conflict with state
law. 120 H. 486 (App.), 210 P.3d 9 (2009).
Notes of Decisions
Kelly v. 1250 Oceanside Partners, 140 P.3d 985 (Haw. 2006).
· cites it 6× “iven the responsibility to designate the governmental bodies with the authority to manage [S]tate-owned public resources” under article XI, section 2, and that the legislature has done so by vesting authority in the Board of Land and Natural Resources “with the authority to…”
State v. Bereday, 210 P.3d 9 (Haw. App. 2009).
· cites it 10× “We reject Bereday’s claim that the City lacked enforcement jurisdiction over this case because the State of Hawai'i reserved the exercise of jurisdiction over ocean waters to the Department of Land and Natural Resources (DLNR) pursuant to HRS § 171-3 (Supp. 1999). HRS § 171-3(a)…”
Pila‘a 400, LLC v. Bd. of Land & Nat. Resources., 320 P.3d 912 (Haw. 2014).
· cites it 8× “4 HRS § 171-3(a) (2011) provides now, as it did at all times during the events at issue: (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.”
Mauna Kea Anaina Hou v. Bd. of Land & Nat. Resources, 363 P.3d 224 (Haw. 2015).
· cites it 2× “”); HRS § 171-3(a) (Supp. 2008) (stating that the department “shall manage, administer, and exercise control over,” inter alia, “public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other…”
Pele Def. Fund v. Paty, 837 P.2d 1247 (Haw. 1992).
· cites it 2× “HRS § 171-3 (Supp. 1991). HRS chapter 171 governs the management and disposition of public lands in general.”
Umberger v. Dep't of Land & Nat. Resources, 382 P.3d 320 (Haw. App. 2016).
· cites it 2× “HRS § 171-3 (2011). The Division of Aquatic Resources is the division within DLNR responsible for evaluating and administering aquarium collection permits.”
Simpson v. Dep't of Land & Nat. Resources, 791 P.2d 1267 (Haw. App. 1990).
“Hawaii Revised Statutes (HRS) § 171-3 (1985). The Board consists of six members, of whom one is selected chairman by the governor.”
Sharma v. State, 673 P.2d 1030 (Haw. 1983).
“Hawaii Revised Statutes (HRS) § 171-3 vests the management, administration, and control of the public lands of the State of Hawaii in the Department of Land and Natural Resources (the department).”
Tanaka v. State, Land & Nat. Resources, 175 P.3d 126 (Haw. App. 2007).
· cites it 4× “game management areas, [and] public hunting areas," HRS § 171-3 (Supp.2006); regulating hunting activities on state lands, HRS chapter 183D (1993 & Supp.”
— Haw. Rev. Stat. § 171-3(a) — 3 cases
Pila‘a 400, LLC v. Bd. of Land & Nat. Resources., 320 P.3d 912 (Haw. 2014).
“4 HRS § 171-3(a) (2011) provides now, as it did at all times during the events at issue: (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.”
Mauna Kea Anaina Hou v. Bd. of Land & Nat. Resources, 363 P.3d 224 (Haw. 2015).
“”); HRS § 171-3(a) (Supp. 2008) (stating that the department “shall manage, administer, and exercise control over,” inter alia, “public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other…”
State v. Bereday, 210 P.3d 9 (Haw. App. 2009).
“We reject Bereday’s claim that the City lacked enforcement jurisdiction over this case because the State of Hawai'i reserved the exercise of jurisdiction over ocean waters to the Department of Land and Natural Resources (DLNR) pursuant to HRS § 171-3 (Supp. 1999). HRS § 171-3(a)…”
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