Hawaii Statewide Rule

Hawaii Endangered Native Plant Protection Statewide

Heavy RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute: HRS Chapter 195D
Authority: DLNR
Per-specimen fine: $5,000 threatened; $10,000 endangered
Coverage: Private and public land

Last verified: September 5, 2026Source: Hawaii State Legislature

Summary

Hawaii law protects endangered and threatened native plants on all lands statewide. Taking, destroying, or possessing listed native species without a permit is prohibited regardless of county or property ownership status.

(e) With respect to any threatened or endangered species of aquatic life, wildlife, or land plant, it is unlawful, except as provided in subsections (f), (g), and (j) for any person to: (1) Export any such species from this State; (2) Take any such species within this State; (3) Possess, process, sell, offer for sale, deliver, carry, transport, or ship, by any means whatsoever, any such species; (4) Violate any rule pertaining to the conservation of the species listed pursuant to this section and adopted by the department pursuant to this chapter; or (5) Violate the terms of, or fail to fulfill the obligations imposed and agreed to under, any license issued under subsection (f), (g), or (j) any habitat conservation plan authorized under section 195D-21, or any safe harbor agreement authorized under section 195D-22.

Source: Hawaii State LegislatureView official code

Full Breakdown

HRS Chapter 195D, Hawaii's Endangered Species Act, makes it unlawful for any person to take, possess, transport, or harm any species of aquatic life, wildlife, or land plant designated as endangered or threatened by the state or under federal Endangered Species Act listings. The Department of Land and Natural Resources (DLNR) administers the program. Protections apply on private property as well as public lands. Permits for scientific or conservation purposes may be issued. The statute preempts inconsistent local rules and applies uniformly across all four counties.

Violations & Penalties

Taking or destroying a listed plant is a misdemeanor under HRS 195D-9 (minimum $250 fine, up to one year jail), plus a per-specimen fine of $5,000 for each threatened plant and $10,000 for each endangered plant, with equipment forfeiture.

Frequently Asked Questions

Can I clear native plants on my own property?

Common native plants may be cleared, but listed endangered or threatened species are protected on private land. Check the DLNR rare plant list before removing any native vegetation.

What if I find an endangered plant on land I want to develop?

You must contact DLNR's Division of Forestry and Wildlife to discuss avoidance, mitigation, or an incidental take license before disturbing the area.

Sources

HRS Chapter 195D - Conservation of Aquatic Life, Wildlife, and Land Plants

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