Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred H.C.R. No. 103, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to request formation of a working group to discuss and analyze potential amendments to Hawaii's endangered species law, Chapter 195D, Hawaii Revised Statutes (HRS), to further the goals of protecting and promoting the recovery of Hawaii's unique and imperiled flora and fauna and the issues of conservation of threatened or endangered species on public lands.

Testimony in support of this measure was received from the Department of Land and Natural Resources and Earthjustice. The Hawaii Agriculture Research Center submitted comments.

Your Committee finds that this measure is in response to numerous issues and concerns raised during hearings on two measures introduced this session dealing with amendments to the state law on habitat conservation plans and safe harbor agreements. The law, chapter 195D, HRS, embodies the State's commitment to protect imperiled flora and fauna unique to Hawaii, and all parties have expressed their intent to consider any changes completely and carefully.

Your Committee has amended this measure to delete two WHEREAS clauses regarding the 1997 amendments and language on checks and balances with respect to unintentional actions, and to add the Department of Agriculture and the Department of Business, Economic Development, and Tourism to the agencies participating in the working group.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 103, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as H.C.R. No. 103, H.D. 1, S.D. 1.