Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Energy and Environment, to which was referred H.B. No. 1053 entitled:

beg leave to report as follows:

The purpose of this measure is to amend the definition of "landowner" in the statute relating to the conservation of aquatic life, wildlife, and land plants by including the owners of lands underlying the future site of the University of Hawaii West Oahu, thereby authorizing those landowners to participate in safe harbor agreements and habitat conservation plans.

Testimony in support of this measure was submitted by the University of Hawaii, West Oahu; the Land Use Research Foundation of Hawaii; and the Estate of James Campbell. Testimony in support of the intent of the measure was submitted by the Board of Land and Natural Resources and the Department of Taxation. Testimony in opposition to the measure was submitted by the Sierra Club. The Nature Conservancy submitted comments on the measure.

Your Committees find that Chapter 195D, Hawaii Revised Statutes (HRS), excludes public agencies from participation in Habitat Conservation Plans (HCPs) and Safe Harbor Agreements (SHAs). By amending the definition of "landowner" in Chapter 195D, HRS, public agencies will be able to participate in the programs and, therefore, to relocate endangered plants and animals.

Your Committees have amended the measure by deleting its contents and inserting therefor, provisions that would allow all public agencies to participate in HCPs and SHAs, not just those specifically mentioned in the current measure. This will allow the State more flexibility to work with the Federal government to protect and enhance endangered species on both public and private lands.

Your Committees have also amended the measure by:

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Energy and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1053, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1053, S.D. 1, and be referred to the Committee on Ways and Means.