STAND. COM. REP. NO. 1074-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2611




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Energy and Environmental Protection and
Ocean Recreation and Marine Resources, to which was referred S.B.
No. 2611 entitled: 

     "A BILL FOR AN ACT RELATING TO HABITAT CONSERVATION,"

beg leave to report as follows:

     The purpose of this bill is to help protect Hawaii's
threatened and endangered species by bringing the State's Habitat
Conservation Plans (HCPs) and Safe Harbor Agreements (SHAs) law
in closer conformity to federal regulations.

     Specifically, this bill allows the Board of Land and Natural
Resources to suspend or revoke any HCP or SHA if continuation of
the permitted activity would appreciably reduce the likelihood of
the survival or recovery of any threatened or endangered species.

     This bill also eliminates the requirement for the State or
federal government to carry out mitigation measures on behalf of
the landowner in the event that, following the approval of an HCP
or SHA, new circumstances or information indicates a failure to
modify the HCP or SHA is likely to be detrimental to threatened
or endangered species.

     The Earthjustice Legal Defense Fund, the Sierra Club, Hawaii
Chapter, and the Hawaii Audubon Society testified in support of
this bill.  The Department of Land and Natural Resources and the
Land Use Research Foundation of Hawaii opposed this measure, and
the University of Hawaii's Environmental Center offered comments.


 
 
                                 STAND. COM. REP. NO. 1074-00
                                 Page 2

 
     As affirmed by the records of votes of the members of your
Committees on Energy and Environmental Protection and Ocean
Recreation and Marine Resources that are attached to this report,
your Committees are in accord with the intent and purpose of S.B.
No. 2611 and recommend that it pass Second Reading and be
referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Energy and
                                   Environmental Protection and
                                   Ocean Recreation and Marine
                                   Resources,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ROY M. TAKUMI, Chair               HERMINA M. MORITA, Chair