STAND

STAND. COM. REP. NO. 457-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2964

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2964 entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE INSPECTIONS,"

begs leave to report as follows:

The purpose of this bill is to bring the enforcement provisions of the State's aquatic laws in conformance with the State's hunting laws as they pertain to the probable cause requirement.

This bill:

(1) Deletes the probable cause requirement for state inspections of any bag, container, vehicle, or conveyance that may contain aquatic life;

(2) Authorizes Department of Land and Natural Resources (DLNR) agents to conduct inspections to determine compliance with state laws and regulations;

(3) Provides that consent to inspection shall be a condition of any license or permit issued by DLNR; and

(4) Prohibits any person from refusing an inspection for purposes of determining compliance with the terms of a license or permit.

DLNR, Ocean Law & Policy Institute of the Pacific Forum CSIS, Hawaii Audubon Society, and Sierra Club, Hawaii Chapter, testified in support of this bill.

For an inspection to take place under the current probable cause requirement, a reasonable and prudent person must have received enough information to believe that a crime has been committed. This standard requires more than mere suspicion.

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 is in accord with the intent and purpose of H.B. No. 2964 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

		____________________________ EZRA R. KANOHO, Chair