STAND. COM. REP. NO. 538-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2495

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2495 entitled:

"A BILL FOR AN ACT RELATING TO ANIMAL CONTROL FROM AIRCRAFT,"

begs leave to report as follows:

The purpose of this bill is to enhance natural resource protection by:

(1) Allowing federal agencies, with the approval of the Department of Land and Natural Resources (DLNR) and the landowner, to shoot animals and birds from aircraft for conservation programs; and

(2) Changing the fine for the misdemeanor offense of hunting from aircraft from a maximum of $1000 to a minimum of $500.

DLNR, Coordinating Group on Alien Pest Species, Hawaii Audubon Society, Nature Conservancy of Hawai`i, and West Maui Mountains Watershed Partnership testified in support of this measure. Big Island Gun Dogs, Farm Sanctuary, Hawaii Hunters Advisory Council, Hawaii Rifle Association, Animal Rights Hawaii, and several concerned individuals testified in opposition to this measure. The Hawaiian Humane Society commented on the bill and suggested amending the bill to assure that animals are not allowed to suffer needlessly.

Your Committee finds that aerial control of feral animals, especially in remote forest locations inaccessible to public hunting, is warranted to protect watershed resources, but only as a last resort. This measure has the effect of authorizing skilled federal employees to assist in functions currently performed by state workers.

Several testifiers indicated that members of the hunting community stand ready, willing, and able to provide assistance in the control of feral animals, and expressed concern at being overlooked as an available resource. Your Committee reiterates that aerial animal control is a drastic measure, to be undertaken by the government agency as a last resort, if, after communication and consultation with private hunters, a determination is made that hunters would be unable to gain safe access.

Your Committee has amended this measure, using suggestions made by the Hawaiian Humane Society, by:

(1) Requiring DLNR to promulgate guidelines to minimize the targeted animals' suffering; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2495, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2495, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair