Chickens are protected under Hawaii law only in a limited way, and the protection depends on whether the bird is feral or domestic. Feral chickens have no protected status and are treated as a nuisance. Domestic chickens fall under the state’s second-degree animal cruelty statute, but they do not qualify as “pet animals,” so the strongest cruelty penalties do not apply to them. County ordinances add rules on how many birds you can keep and how much noise they can make.
Feral Chickens Are Not Protected
Feral chickens descended from birds brought to the islands centuries ago, and because they are non-native, they sit outside the conservation protections that cover species like the nēnē or native forest birds. State and county governments treat them as a nuisance that damages crops, threatens native plants, and creates sanitation problems in public and residential areas.
You do not need a state permit or hunting license to remove feral chickens, and killing one does not violate wildlife law. Two limits still apply: county ordinances on your property, and the general animal cruelty provisions below that reach “any animal,” not just pets.
How Hawaii’s Cruelty Law Treats Chickens
The relevant statutes sit in Chapter 711 of the Hawaii Revised Statutes. What a chicken owner or neighbor most needs to know is which tier of cruelty law applies, and why chickens land where they do.
Chickens Are Not “Pet Animals”
Under HRS Section 711-1100, a “pet animal” is a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or certain caged birds in the passeriformes, piciformes, and psittaciformes orders, and only when not bred for consumption. The statute expressly says poultry raised for meat or egg production are not pets.1Justia Law. Hawaii Code 711-1100 – Definitions Chickens belong to the order galliformes, so they do not qualify as pet animals whether you keep them as backyard companions or for eggs.
That definition drives everything else. First-degree animal cruelty under HRS Section 711-1108.5 applies only when someone intentionally or knowingly tortures, mutilates, or poisons a “pet animal or equine animal” and causes serious bodily injury or death. Because chickens are not pet animals, harming a chicken cannot be charged as first-degree cruelty, which carries class C felony penalties.2Justia Law. Hawaii Code 711-1108.5 – Cruelty to Animals in the First Degree
What Second-Degree Cruelty Still Covers
Chickens are protected under HRS Section 711-1109, which defines cruelty to animals in the second degree. Several parts of this statute reach “any animal.” A person who intentionally, knowingly, or recklessly tortures, torments, beats, or starves any animal commits second-degree cruelty. The same statute makes it illegal to kill any animal “without need,” with exceptions for insects, vermin, and other pests handled through licensed pest control.3Justia Law. Hawaii Code 711-1109 – Cruelty to Animals in the Second Degree
Second-degree animal cruelty is normally a misdemeanor. If a single incident involves ten or more pet animals, it becomes a class C felony.3Justia Law. Hawaii Code 711-1109 – Cruelty to Animals in the Second Degree Because chickens are not pet animals, that felony escalation does not apply to a case involving only chickens, no matter how many birds are involved.
There is one wrinkle for owners. The detailed “necessary sustenance” requirement in Section 711-1109(1)(b), which covers adequate food, water, shelter, clean enclosure space, and veterinary care, applies only to pet animals. But the broader ban in Section 711-1109(1)(a) on starving “any animal” reaches chickens. So letting a flock go without food or water can still support a cruelty charge, even if the more specific husbandry standards technically don’t apply.1Justia Law. Hawaii Code 711-1100 – Definitions
Cockfighting
The same second-degree cruelty statute specifically outlaws cockfighting. It is illegal to keep or use any place for fighting animals, and anyone who manages such a place, takes admission money, or encourages or assists in animal fighting commits the offense.3Justia Law. Hawaii Code 711-1109 – Cruelty to Animals in the Second Degree The penalty level is a misdemeanor.
Federal Law Does Not Fill the Gap
Owners sometimes assume the federal Animal Welfare Act reaches backyard chickens. It does not. Under 7 U.S.C. Section 2132, the definition of “animal” explicitly excludes farm animals such as livestock or poultry used or intended for use as food or fiber.4Office of the Law Revision Counsel. 7 USC 2132 – Definitions The exclusion is categorical, so even chickens kept as pets fall outside it. Hawaii state law and county ordinances are the entire legal framework.
County Rules for Keeping Chickens
State cruelty law sets the floor. The daily rules for chicken owners come from county code, and they vary.
Honolulu (Oahu)
The City and County of Honolulu limits residents to two chickens or peafowl per household in residential zones, with more allowed in agricultural areas.5Honolulu Code of Ordinances. Honolulu Code of Ordinances – Section 12-2.5 Special Requirements Neighbors who see more than that can report it to the Honolulu Police Department through the 911 non-emergency line.6City and County of Honolulu. Feral Chickens
Honolulu’s animal nuisance rule matters most to rooster owners. An animal that makes noise continuously for 10 minutes, or intermittently for 30 minutes or more, to the disturbance of another person, can be classified as a nuisance.7Honolulu Code of Ordinances. Honolulu Code of Ordinances – Section 12-2.3 Animal Nuisance – Prohibited Pre-dawn crowing is the common complaint, and enforcement can bring fines or an order to remove the bird.
Hawaii, Maui, and Kauai Counties
The counties of Hawaii, Maui, and Kauai each run their own animal control and zoning codes. Restrictions generally address flock size on residential lots, coop setbacks, and sanitation. Check with your county’s planning or animal control department before acquiring birds. Agricultural-zoned parcels usually allow larger flocks, but may still carry conditions on waste and distance from neighboring homes.
State-Funded Feral Chicken Control
In 2024, Governor Green signed SB 2401 into law as Act 185, directing state funds toward feral chicken management in every county. The law appropriated $50,000 to each of the four counties for feral chicken control programs, plus another $50,000 to the Department of Health for a public education campaign against feeding feral animals.8LegiScan. Hawaii SB2401 – Act 185
On Oahu, Honolulu has contracted with pest control services, offering cage rentals and removal to private landowners, and residents can call the police non-emergency line to report feral chicken problems.6City and County of Honolulu. Feral Chickens Kauai carries perhaps the most visible feral population, with birds throughout public spaces and neighborhoods. Control across the state relies on trapping, humane euthanasia where birds threaten agriculture or public health, and education aimed at stopping people from feeding them, which is one of the biggest drivers of feral population growth in residential areas.