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THE SENATE |
S.R. NO. |
84 |
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TWENTY-SECOND LEGISLATURE, 2003 |
S.D. 1 |
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STATE OF HAWAII |
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Requesting the fish and wildlife service to report to the legislature the basis for the current critical habitat designations.
WHEREAS, the history and culture of Hawaii are rich with the traditions of farming, ranching, gathering, and hunting, which have been and continue to be practiced by its people--from the first Polynesian settlers to the diverse, multi-ethnic residents of today; and
WHEREAS, these activities of survival, sustenance, interaction, and interdependence rely heavily upon the access of Hawaii's people to the precious lands of Hawaii's rural areas; and
WHEREAS, the Fish and Wildlife Service of the United States Department of the Interior intends to protect 47 endangered plant species by designating 437,285 acres throughout the State as critical habitat; and
WHEREAS, the designation of such a large portion of rural lands will severely diminish the ability of the people of our State to engage in activities so inextricably and vitally linked to Hawaii's existence, identity, and heritage; and
WHEREAS, federal laws require that the designation of an area as critical habitat be based on the best scientific data available and must take into account the economic impact and any other relevant impacts of specifying a particular area as critical habitat; and
WHEREAS, relevant impacts that may not have been considered include the likely restrictions on Hawaii's residents from using the lands proposed to be designated as critical habitat; and
WHEREAS, other concerns of statewide interest that are significant and that could have long-term ramifications include:
(1) The enormous authority a single federal agency would possess over approximately 500,000 acres of land in Hawaii designated as critical habitat, particularly when the agency has a sole focus and does not bear the obligation to weigh a broad range of land uses, as the State and counties must do;
(2) The impact on the State's ability to work with private landowners in Hawaii, especially those who are already cooperating with the State in large-scale watershed and conservation partnerships; and
(3) The valid concern of private landowners that their very cooperation in such partnerships provides federal regulators with information on plant distributions that could later be used to designate their lands as critical habitat;
and
WHEREAS, the Endangered Species Act, 16 U.S.C. §1533(b)(1)(A), requires the Secretary of the Interior (Secretary) to base the Secretary's determination on whether any species is an endangered or threatened species "solely on the basis of the best scientific and commercial data available to [the Secretary] . . . after taking into account those efforts, if any, being made by any State . . . or any political subdivision of a State . . . to protect such species"; and
WHEREAS, the State of Hawaii does, in fact, have its own version of the Endangered Species Act, codified within chapter 195D, Hawaii Revised Statutes; and
WHEREAS, the Secretary must submit to "[a] State agency" written justification for regulations that were adopted despite being inconsistent with the state agency's comments or petition; and
WHEREAS, it seems that it would be even more important to involve policy-making entities, including the County and City Councils and the Hawaii State Legislature, because they are the bodies that could best analyze the proposed rules and respond most effectively, pointing out areas of conflict and possible solutions; and
WHEREAS, notification to the County and City Councils and the Hawaii State Legislature would also have enabled them to take steps toward conforming state or county policy with the proposed federal policy in case of inconsistencies between the policies; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Office of Environmental Quality Control of the Department of Health work with the Department of the Attorney General to determine if an environmental assessment, environmental impact statement, or both, should be conducted in order to provide the necessary scientific information required by the Endangered Species Act; and
BE IT FURTHER RESOLVED that should it be determined that an environmental assessment, environmental impact statement, or both, are necessary, the agency conducting the assessment, impact statement, or both, shall work with appropriate federal, state, and county bodies, including the Hawaii State Legislature and County and City Councils, to collaborate in the possible subsequent designation of lands throughout the State as critical habitat; and
BE IT FURTHER RESOLVED that the Fish and Wildlife Service is requested to report to the Legislature the basis for the current and future critical habitat designations throughout the State; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Fish and Wildlife Service of the United States Department of the Interior; United States Department of the Interior; Hawaii's congressional delegation; State Departments of Agriculture and Transportation; Department of Land and Natural Resources; Department of Hawaiian Home Lands; Office of Environmental Quality Control of the Department of Health; Department of Business, Economic Development, and Tourism; Department of the Attorney General; county councils of Hawaii, Maui, Kauai, and Honolulu; and Governor and Lieutenant Governor of Hawaii.
Report Title:
Critical Habitat Designations