If you are wondering what is illegal to take from Hawaii, the short list covers sand, rocks, coral (living or dead), live rock, sea turtles and other protected wildlife or any part of them, most fresh fruits and plants, and any archaeological or Native Hawaiian cultural item. Empty seashells, driftwood, beach glass, glass floats, and seaweed are the main things you can legally pocket from the shore. Everything else is governed by a layered mix of state statutes, state park rules, and federal law, and the penalties range from a $100 airport fine to federal prison.
Sand, Rocks, and Lava
Hawaii Revised Statutes §205A-44 makes it illegal to take sand, rocks, soil, dead coral, or coral rubble from any shoreline in the state. That includes the green sand at Papakōlea and the black sand at Punaluʻu. Sand that ends up stuck to your skin, clothes, or beach toys counts as “inadvertent taking” and is not a violation.1Justia. Hawaii Code 205A-44 – Prohibitions
State parks add another layer. Hawaii Administrative Rules chapter 13-146 prohibits removing sand, rock, minerals, fossils, and coral from any state park, with a narrow allowance for collecting small quantities of pebbles by hand for personal use in areas that are not posted as prohibited. Selling what you collect is never allowed.2Department of Land and Natural Resources. Hawaii Administrative Rules Chapter 13-146
Lava rock is where visitors get into real trouble. Pele’s curse is folklore; the law is not. Removing any rock, mineral, plant, fossil, or cultural artifact from a national park violates 36 CFR §2.1,3eCFR. 36 CFR 2.1 – Preservation of Natural, Cultural and Archeological Resources and taking rocks from Hawaiʻi Volcanoes National Park is a federal offense punishable by up to six months in prison and a fine.4Office of the Law Revision Counsel. 18 USC 1865 – National Park Service
Coral, Live Rock, and Seashells
Hawaii’s coral rules are among the strictest in the United States. State administrative rules make it illegal to take, break, or damage any stony coral, including reef and mushroom coral.5Department of Land and Natural Resources. Hawaii Administrative Rules Chapter 13-95 The prohibition reaches dead coral and loose coral rubble on the beach too; both HRS §205A-44 and HRS §171-58.5 cover them. A broken piece washed up on the sand is still off limits.6Department of Land and Natural Resources. Division of Aquatic Resources Coral Restoration Frequently Asked Questions
“Live rock” has its own rule. Hawaii defines it as any natural hard substrate with marine life visibly attached, and taking or damaging it is prohibited under HAR §13-95-71. In practice, almost any hard surface in nearshore waters has something living on it, so the rule effectively covers most underwater rocks.7Division of Aquatic Resources. Coral and Live Rock Rules of Hawaii
Empty seashells are a different story. The shoreline statute specifically exempts shells, along with driftwood, beach glass, glass floats, and seaweed.1Justia. Hawaii Code 205A-44 – Prohibitions A shell with a living animal still inside it cannot be taken. And if you are collecting shells or any marine product to sell, you need a Commercial Marine License under HRS §189-2 first.8Justia. Hawaii Code 189-2 – Commercial Marine License and Commercial Marine Vessel License
Wildlife and Animal Parts
Sea Turtles
Every sea turtle in Hawaii is protected by both state and federal law. Taking any part, including shells, bones, or eggs, violates Hawaii’s endangered species statute and the federal Endangered Species Act. State penalties include a mandatory minimum fine of $500 plus $10,000 per specimen for endangered species and $5,000 per specimen for threatened species.9Justia. Hawaii Code 195D-9 – Penalty Federal criminal penalties for knowing violations reach $50,000 and a year in prison per offense, with civil penalties up to $25,000.10GovInfo. 16 USC 1540 – Penalties and Enforcement
Whales, Dolphins, Seals
The Marine Mammal Protection Act covers every whale, dolphin, seal, and sea lion in Hawaiian waters, including the Hawaiian monk seal. The federal definition of protected species parts covers teeth, bones, fur, and blood, among other things. You cannot keep a whale tooth found on the beach, and possessing a part that someone else illegally collected is itself a violation.11NOAA Fisheries. Protected Species Parts Civil penalties reach $10,000 per violation; knowing criminal violations can bring $20,000 and up to a year in prison.12Office of the Law Revision Counsel. 16 USC 1375 – Penalties
Native Birds and Game
Taking native wild birds, game birds, or game mammals requires a written permit from the Department of Land and Natural Resources, issued for narrow purposes like scientific research, education, propagation, or rehabilitation. You cannot take possession of any protected wildlife before the permit is issued.13Justia. Hawaii Code 183D-61 – Permits to Take Wild Birds, Game Birds, and Game Mammals
Plants, Fruit, and Food at the Airport
USDA restrictions catch more travelers than any other Hawaii rule. Most fresh fruits and vegetables cannot be transported from Hawaii to the U.S. mainland, Alaska, or Guam because they can carry invasive pests or plant diseases. A mango or avocado from a farmers’ market will be confiscated at the airport.14Animal and Plant Health Inspection Service. Information for Travelers From Hawaii to the US Mainland, Alaska, or Guam
Some items are allowed after USDA inspection:
- Fresh pineapples and coconuts, after passing airport inspection.
- Papayas, dragon fruit, lychee, longan, starfruit, and several other fruits, if treated at a USDA-approved facility and packed in sealed, properly marked boxes.
- Flowers and leis after inspection, with exceptions for jade vine, Mauna Loa, and any citrus family plants or flowers.
- Commercially processed foods such as jams and baked goods, which are generally fine.
Anything on that list must be presented to a USDA inspector at the airport before departure, usually near the airline check-in counters.14Animal and Plant Health Inspection Service. Information for Travelers From Hawaii to the US Mainland, Alaska, or Guam
Failing to declare agricultural items carries civil penalties of $100 to $1,000 per violation on the spot.15Animal and Plant Health Inspection Service. Bag Inspection Travelers Notice – Hawaii The Plant Protection Act authorizes civil penalties up to $1,000 for an individual’s first non-commercial offense, scaling up to $50,000 per violation for repeat or intentional conduct.16Office of the Law Revision Counsel. 7 USC 7734 – Penalties for Violation
Shipping does not get around the rules. The same restrictions apply whether an item moves in your luggage or through USPS, FedEx, or UPS. USDA maintains offices on each major island that will confirm whether a specific item can be shipped.17Animal and Plant Health Inspection Service. Shipping Plants, Food, and Other Ag Items via Express Courier
Archaeological Artifacts and Cultural Items
Removing archaeological artifacts from federal or state land is a federal crime under the Archaeological Resources Protection Act. ARPA protects items more than 100 years old, including pottery, tools, carvings, and structural remains. A first offense can bring up to $10,000 in fines and a year in prison; if the artifacts are worth more than $500, that rises to $20,000 and two years. Repeat offenders face up to $100,000 and five years.18GovInfo. 16 USC 470ee – Prohibited Acts and Criminal Penalties
Native Hawaiian human remains, funerary objects, and sacred objects are protected under the Native American Graves Protection and Repatriation Act. Selling, buying, or transporting Native Hawaiian human remains without authorization is a federal crime, punishable by up to a year and a day in prison for a first offense and up to ten years for later ones. Trafficking in cultural items obtained in violation of NAGPRA carries the same penalties.19National Park Service. Enforcement – Native American Graves Protection and Repatriation Act Burial sites and heiau ruins across the islands fall squarely within these protections.
What You Can Take Home
The legal souvenirs from a Hawaii beach are narrow but real: empty seashells, driftwood, beach glass, glass floats, and seaweed.1Justia. Hawaii Code 205A-44 – Prohibitions From a state park, small handfuls of pebbles for personal use are allowed where the area is not posted.2Department of Land and Natural Resources. Hawaii Administrative Rules Chapter 13-146 Through the airport, inspected pineapples, coconuts, approved treated fruits, inspected flowers and leis, and commercially packaged foods can travel to the mainland. When in doubt, the safe move is to leave the item where you found it and declare anything agricultural at the inspection station on the way out.