Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1053 entitled:

begs leave to report as follows:

The purpose of this bill is to authorize incidental "taking" of endangered and threatened species at the future permanent site of the University of Hawaii-West Oahu and at Kapolei Parkway by expanding the list of entities authorized to participate in safe harbor agreements and habitat conservation plans under the definition of "landowner" in the law governing conservation of aquatic life, wildlife, and land plants.

The University of Hawaii-West Oahu, the Estate of James Campbell, and the Land Use Research Foundation testified in support of this bill. The Department of Transportation and the Department of Land and Natural Resources submitted testimony in support of the intent of the bill. The Hawaii Chapter of the Sierra Club and Earthjustice testified in opposition to this bill.

Your Committee is informed that endangered plants (Abutilon menziesii Seem.) at these "Second City" sites may need to be relocated or harmed. This measure will enable needed development to proceed.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1053 and recommends that it be referred to the Committee on Finance.