CONFERENCE COMMITTEE REPORT NO. 51

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 1178
                                  H.D. 1
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 1178, H.D. 1, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO ENFORCEMENT,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to allow the Department of Land
and Natural Resources (DLNR) to sell or take action to cause the
sale of perishable natural resources that are seized.

     After careful consideration, your Committee on Conference
has amended the bill by:

     (1) Providing that, unless directed by the courts, any non-
         natural resources that are seized shall be forfeited to
         the State for disposition as determined by DLNR or may
         be destroyed, kept, retained or utilized by the
         department or any other state agency;

 
 
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     (2) Providing that if a non-natural forfeited item is not
         needed or required by DLNR or any other state agency, it
         shall be disposed of as provided by chapter 712A, Hawaii
         Revised Statutes;

     (3) Specifying that only "live" natural resources that are
         seized may be immediately returned to their natural
         environment or suitable habitat;

     (4) Providing that the department may not sell or cause the
         sale of any threatened or endangered species or any
         other species whose sale is prohibited by law; and

     (5) Making technical, nonsubstantive amendments for the
         purposes of style and clarity.

     Your Committee finds that this bill will define procedures
in managing perishable natural resources.  Selling seized catches
in a timely manner at fair market value would reduce storage
costs to the State and prevent the waste of valuable consumable
resources.

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 1178, H.D. 1, S.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 1178, H.D. 1, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
LORRAINE R. INOUYE, Co-Chair       ROY M. TAKUMI, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        PAUL T. OSHIRO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATT M. MATSUNAGA, Co-Chair        HERMINA MORITA, Member

 
 
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______________________________     ______________________________
JAN YAGI BUEN, Member              BRIAN SCHATZ, Member
                                   
                                   
                                   
______________________________     ______________________________
CAL KAWAMOTO, Member               CYNTHIA THIELEN, Member



______________________________
SAM SLOM, Member