THE SENATE
S.B. NO.
1021
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to wildlife.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §183D- ] [Underlined: Cetaceans; captivity; prohibited.] [Underlined: (a) Except as provided in subsection (c), no person shall keep in captivity a cetacean for any purpose including but not limited to display, performance, or entertainment purposes; provided that:]
[Underlined: (1)] [Underlined: A cetacean held in captivity by a bona fide educational or scientific institution that cannot be released into the wild because of concerns for the health or safety of the animal may be used for educational presentations; and]
[Underlined: (2)] [Underlined: A cetacean held in captivity by an organization other than a bona fide educational or scientific institution prior to the effective date of this Act may continue to be held in captivity for display, performance, or entertainment purposes.]
[Underlined: (b) No person shall:]
[Underlined: (1)] [Underlined: Breed or impregnate a cetacean held in captivity, including any cetacean held in captivity by a bona fide educational or scientific institution, after the effective date of this Act;]
[Underlined: (2)] [Underlined: Import, export, or collect the semen, gametes, or embryos of a cetacean for the purposes of artificial insemination; or ]
[Underlined: (3)] [Underlined: Import, export, transport, move, or sell a cetacean held in captivity in the State to another state or country].
[Underlined: (c) Subsection (a) shall not apply to cetaceans that:]
[Underlined: (1)] [Underlined: Are held in captivity by a bona fide educational or scientific institution and cannot be released into the wild due to health or other safety concerns; or]
[Underlined: (2)] [Underlined: Are temporarily in the custody of a bona fide education or scientific institution for rehabilitation after a rescue or stranding or for research purposes.]
[Underlined: (d) Any organization that rescues or otherwise acquires a cetacean after the effective date of this Act shall promptly notify the department of land and natural resources of the rescue or acquisition of the cetacean.]
[Underlined: (e) Any person who violates this section shall be guilty of a misdemeanor and shall be subject to a fine of no more than $ .]
[Underlined: (f) For the purposes of this section:]
[Underlined: "Bona fide educational or scientific institution" means an organization that:]
[Underlined: (1)] [Underlined: Is an educational or scientific tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or]
[Underlined: (2)] [Underlined: Has received accreditation as an educational or scientific institution from the Association of Zoos and Aquariums or a qualified national, regional, state, or local authority for the institution's location.]
[Underlined: "Cetacean" means any member of the order cetacea, including whales, dolphins, and porpoises.]
[Underlined: "Educational presentation" means a live, scheduled display of a cetacean in the presence of spectators that includes demonstrations of natural behaviors, enrichment, or exercise activities and is accompanied by a live narration or video content that provides science-based education about cetaceans.]"
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Cetaceans; Captivity; Breeding; Ban; Fine
Description:
Bans the keeping or breeding of cetaceans in captivity except in certain circumstances.
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