HOUSE OF REPRESENTATIVES

H.C.R. NO.

196

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

establishing a temporary bioprospecting advisory commission to develop a comprehensive plan for the preservation and use of the biological diversity and biological resources of public lands.

 

 

WHEREAS, article XII, section 4 of the State Constitution provides that lands granted to the State by section 5(b) of the Admission Act and pursuant to article XVI, section 7 of the State Constitution, excluding "available lands" as defined by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public who are co-beneficiaries of the public trust; and

WHEREAS, Hawaii's biological diversity and biological resources are assets of the public trust that are culturally, economically, medicinally, spiritually, and otherwise significant to the general public and native Hawaiians; and

WHEREAS, the biological diversity and biological resources of the public lands, as defined in section 171-2, Hawaii Revised Statutes, are of great potential economic benefit in the areas of medicine, scientific research, biotechnology, and commercial development for native Hawaiians and the general public; and

WHEREAS, if properly regulated, the potential economic benefits of these biological resources can create market-driven incentives and generate financial resources for the conservation and sustainable development of Hawaii's biological resources; and

WHEREAS, the Hawaiian people have customarily used Hawaii's biological resources in accordance with their traditional, cultural, and subsistence practices, including agriculture, fisheries, health, and horticulture; and

WHEREAS, the Hawaiian people are traditional, indigenous knowledge holders with rights, including those recognized in article XII, section 7 of the State Constitution and sections

1-1 and 7-1, Hawaii Revised Statutes; and

WHEREAS, Hawaii is experiencing a tremendous loss of biodiversity due to the conversion of natural habitat for development, environmental degradation, and nonsustainable consumptive practices; and

WHEREAS, Hawaii has a trust obligation to ensure the preservation and sustainable use and equitable sharing of benefits of Hawaii's biological resources; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Office of Hawaiian Affairs (OHA) is requested to establish a temporary Bioprospecting Advisory Commission (Commission) to develop a comprehensive plan for the preservation and use of the biological diversity and biological resources of public lands; and

BE IT FURTHER RESOLVED that the Commission be composed of ten members as follows:

(1) The Chairperson of the Board of Trustees of OHA or the Chairperson's designee;

(2) The President of the University of Hawaii (UH) or the President's designee;

(3) The Director of Business, Economic Development, and Tourism or the Director's designee;

(4) The Chairperson of the Board of Land and Natural Resources or the Chairperson's designee;

(5) Five members representing native Hawaiians who have a demonstrated background in:

(A) Traditional and customary use of biological and/or genetic resources; and

(B) The preservation of biological and/or genetic resources, indigenous and traditional technologies, or scientific and legal procedures for the protection or commercialization of biological and genetic resources,

and who shall be appointed by the Governor from lists of nominees submitted by the President of the Senate, the Speaker of the House of Representatives, and Hawaiian organizations; and

(6) A representative of the biotechnology industry whose principal place of business is in the State of Hawaii who shall be appointed by the Governor from lists of nominees submitted by the President of the Senate, the Speaker of the House of Representatives, and members of Hawaii-based biotechnology industry;

and

BE IT FURTHER RESOLVED that the Commission:

(1) Identify and develop issues and policies relating to:

(A) The conservation and sustainable use of biological diversity;

(B) The responsible regulation of bioprospecting and biotechnology;

(C) The fair and equitable sharing of benefits arising from the use of genetic resources;

(D) The meaningful participation in these processes by the traditional knowledge holders;

(E) Whether lands held by UH, which is presently excluded from the definition of public lands, should be deemed public lands for purposes of this Concurrent Resolution; and

(F) Agreements entered into between any state or county agency and private entities relating to biospecting rights, including the bioprospecting agreement between Diversa Corporation and the Marine Bioproducts Engineering Center of UH;

(2) Review the policies, laws, and models of other jurisdictions;

(3) Submit an interim report addressing these issues to the Legislature no later than twenty days before the convening of the Regular Session of 2004; and

(4) Submit a final report of its findings and recommendations, including proposed legislation, to the Legislature and the Governor no later than twenty days before the convening of the Regular Session of 2005;

and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, President of the University of Hawaii, Director of Business, Economic Development, and Tourism, and Chairperson of the Board Of Land and Natural Resources.

Report Title:

Bioprospecting Advisory Commission