Allows the Department of Land and Natural Resources to adopt interim rules to protect native species threatened with imminent extirpation or extinction. (SD1)

A BILL FOR AN ACT

SECTION 1. Hawaii's unique natural resources demand the highest level of protection from extinction. The purpose of this Act is to authorize the department of land and natural resources to adopt, implement, and enforce interim rules in order to prevent extinction of Hawaii's native species.

SECTION 2. Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§195D- Interim rule making. (a) The department, subject to the provisions of this section and without regard to chapter 91, may declare any indigenous species as endangered and establish, implement, and enforce interim rules governing the exportation from the State or the taking, possession, sale, offer for sale, delivery, or transport within the State, by any means whatsoever, of any such endangered species.

(b) An interim rule under subsection (a) may be adopted in the event that the exportation, taking, possession, sale, offer for sale, delivery, or transport of any indigenous species, in the absence of effective rules, creates a significant risk of a local extirpation or species extinction, which is so imminent in nature as to constitute an emergency. No interim rule may be adopted without such finding by the department.

(c) Interim rules adopted pursuant to this section shall:

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.