(a) It shall be unlawful for any person to intentionally, knowingly, orrecklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate agency. This is not intended to restrict normal fishing and gathering in accordance with existing laws.
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Terms Used In Hawaii Revised Statutes 6D-4

  • Cave: means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not an entrance exists or is natural or artificial, and that is of archaeological, geological, biological, or cultural significance. See Hawaii Revised Statutes 6D-1
  • Construction context: means all permitted land-altering activities necessary to construct any and all manner of improvements on the surface of a property including but not limited to foundations, basements, roads, and buildings. See Hawaii Revised Statutes 6D-1
(b) This section shall not apply to caves encountered within the normal course of a construction context; provided that any cave protection mitigative measures disclosed through environmental review under chapter 343 and land use permitting processes shall be adhered to.
(c) This section shall not in any way prohibit or constrain surface activities on the land above a cave.

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