STAND. COM. REP. NO.352

Honolulu, Hawaii

, 2001

RE: H.B. No. 690

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 690 entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES FOR NATURAL RESOURCES,"

begs leave to report as follows:

The purpose of this bill is to protect Hawaii's unique natural resources by:

(1) Establishing administrative penalties for violations relating to the Natural Area Reserves System and the State Endangered Species Act (ESA);

(2) Removing the maximum criminal penalty provision for violations of the State ESA; and

(3) Increasing the per-specimen fine for intentionally, knowingly, or recklessly killing a threatened and endangered species.

The Department of Land and Natural Resources and the Sierra Club submitted testimony in support of this bill.

Your Committee finds that this bill will be a greater deterrent to violations against natural resources and reduce costs from being more efficient and avoiding litigation.

 

Your Committee discussed, at length, the appropriateness of the heavy fines contained in this bill. On the one hand, the $10,000, $15,000, and $25,000 fines represent the maximum amounts that DLNR may issue. DLNR would have the flexibility to set the fines to match the severity of the violation. On the other hand, these amounts may be excessive when compared to similar violations. Your Committee requests that the Committee on Judiciary and Hawaiian Affairs closely scrutinize this issue.

Your Committee has amended this bill by making a technical nonsubstantive change for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 690, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 690, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water and Land Use,

____________________________

EZRA KANOHO, Chair