Haw. Code R. § 13-300-41 - Private possession of human remains

(a) There shall be a prohibition on the private possession of human skeletal remains over fifty years old knowingly removed or originating from a burial site in the State, except the department may authorize possession where:

(1) Private archaeological firms curate human skeletal remains temporarily until reburial occurs;

(2) A person is able to establish known lineal or cultural descent pursuant to section 13-300-35 to the human skeletal remains and wishes to possess or continue to possess the human skeletal remains or authorizes possession by a third person;

(3) Possession of human skeletal remains is an ethnically acceptable practice; or

(4) Human skeletal remains have been manufactured into artifacts prehistorically.

(b) Unauthorized possession of human skeletal remains over fifty years old knowingly removed or originating from a burial site in the State shall not amount to a violation where the human skeletal remains are voluntarily turned over to the department within two years of the promulgation of this chapter.

Notes

Haw. Code R. § 13-300-41

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 6E-43.5, 6E-43.6, 6E-11)