Haw. Code R. § 13-300-42 - Illegal sale of human remains and burial goods and removal from the State
(a) It shall be unlawful for any person to
offer for sale or exchange any exhumed human skeletal remains over fifty years
old, or any associated burial goods.
(b) It shall be unlawful for any person to
remove from the jurisdiction of the State, any human skeletal remains over
fifty years old, or any associated burial goods, without prior written
authorization from the department. This section shall not apply to human
skeletal remains fabricated into artifacts prehistorically.
(c) Any person intending to remove from the
jurisdiction of the State, any human skeletal remains or portions thereof over
fifty years old, or any associated burial goods or both, shall submit a written
request to the department including:
(1)
Specific reasons for removal;
(2) A
description of the lineal relationship if any, between the person requesting
removal and the human skeletal remains; and
(3) Written consent of any known lineal
descendants.
(d) The
department shall review the request in consultation with any known lineal
descendants, the council where the human skeletal remains are Native Hawaiian,
and an appropriate ethnic organization where the remains are non Native
Hawaiian.
(e) The department shall
have forty five days from the date of receipt of a request for removal of human
skeletal remains over fifty years old or any associated burial goods or both,
to grant or deny the request, unless the time is extended by mutual agreement.
Where the department grants a request for removal, the written notification
shall constitute the permit required by section
6E-12,
HRS.
(f) Any person violating this
section and section
6E-12(b),
HRS, shall be fined not more than $ 10,000, provided that for purposes of
calculating a fine, each part of a human skeleton over fifty years old or
associated burial good offered for sale or trade or removed from the
jurisdiction of the State in violation shall constitute a distinct and separate
offense for which the offender may be punished.
Notes
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