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 S.C.R. No. 55, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to request the Office of Hawaiian Affairs (OHA) to establish a temporary, eleven-member Bioprospecting Advisory Commission (Commission) to develop a comprehensive plan for the preservation and use of the biological diversity and biological resources of the trust lands.

The Waikiki Hawaiian Civic Club, `Ilioulaokalani Coalition, Oahu Council of the Hawaiian Civic Clubs, a member of the Maui County Council, and four concerned individuals testified in support of this concurrent resolution. OHA supported this measure with an amendment. The Department of Business, Economic Development, and Tourism supported the intent of this measure. The University of Hawaii (UH) opposed this concurrent resolution. The Department of the Attorney General and an individual submitted comments.

The testimony of UH takes umbrage to the following clause in this concurrent resolution:

Your Committee notes the objection of UH with regard to this particular interpretation of the first rights of indigenous people. However, the objection to this clause should not impede and detract from the substance and importance of the resolve clauses and the gathering of minds and information to make an informed policy decision. In further discussions with UH before your Committee, it was clarified that all parties recognize the importance of the establishment of the Commission.

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 S.C.R. No. 55, S.D. 1, and recommends that it be referred to the Committee on Economic Development and Business Concerns.