Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 843, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require the Board of Land and Natural Resources (Board) to obtain approval from the Legislature by majority vote of both houses to enter into a habitat conservation plan (HCP) or a safe harbor agreement (SHA) for which a majority of the Endangered Species Recovery Committee recommended disapproval.

Testimony in support of this measure was received from the Board, Department of Transportation (DOT) and Life of the Land. Comments were received from the Hawaii Audubon Society, Sierra Club, Earth Justice, and The Nature Conservancy. Testimony in opposition was received from Hawaii Reserves, Inc.

The measure also requires the Board to suspend or revoke an HCP or SHA if the continuation of the permitted activity under the HCP or SHA would likely and appreciably reduce the survival or recovery of the threatened or endangered species. The measure further requires that restorative actions under SHAs on public lands must be conducted for a minimum of 15 years after the execution of the SHA, allows for the specific location of habitats on private lands that are covered by HCPs or SHAs to be kept confidential, and makes other amendments to strengthen the HCP and SHA laws.

Your Committee finds that amendments to Hawaii's endangered species law are needed to bring state law closer into conformity with current federal regulations regarding HCPs and SHAs, and to provide checks and balances to ensure the protection of Hawaii's endangered and threatened species. The State and its citizens have a shared responsibility to ensure the survival and protection of our endangered and threatened plants and animals.

Your Committee further finds that it is appropriate to allow state and county agencies to enter into HCPs and SHAs only if certain checks and balances are in place, since those agencies have public trust responsibilities and affirmative mandates to promote species conservation.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 843, S.D. 1, and recommends that it pass Third Reading.