Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.C.R. No. 196 entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to establish a temporary Bioprospecting Advisory Commission (Commission) to develop a comprehensive plan for the preservation and use of the biological diversity and resources of the trust lands.

The Office of Hawaiian Affairs, Oahu Council, `Ilio`ulaokalani Coalition, and two concerned citizens submitted testimony in support of this concurrent resolution. Three concerned individuals submitted testimony supporting the intent of this measure with amendments. A concerned citizen submitted comments on this concurrent resolution.

Your Committee finds that the stewardship of Hawaii's biodiversity resources has been neglected. Agreements between the state and private entities that impact one of Hawaii's most valuable resources must undergo closer scrutiny, such as the June 2002, bioprospecting agreement between the University of Hawaii's Marine Bioproducts Engineering Center (MarBEC) and Diversa Corporation (Diversa), which allegedly grants Diversa an exclusive right to genes discovered from existing material collections and from environmental samples collected by MarBEC researchers in and around Hawaii.

Your Committee has amended this concurrent resolution by:

(1) Changing its title to read:

(3) Expanding the scope of the Commission to include:

and

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 196, as amended herein, and recommends that it be referred to the Committee on Higher Education, in the form attached hereto as H.C.R. No. 196, H.D. 1.