STAND. COM. REP. NO.354
Honolulu, Hawaii
, 2003
RE: S.B. No. 643
S.D. 1
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 Judiciary and Hawaiian Affairs, to which was referred S.B. No. 643 entitled:
"A BILL FOR AN ACT RELATING TO BIOPROSPECTING,"
beg leave to report as follows:
The purpose of this measure is to establish a temporary bioprospecting advisory commission to develop a comprehensive plan for the bioprospecting on public lands that are trust lands.
Testimony in support of this measure was received from the Office of Hawaiian Affairs, KAHEA, Oahu Council of the Hawaiian Civic Clubs, Association of Hawaiian Civic Clubs, and eight individuals. Testimony in opposition was received from BiophoriX. Comments were received from two individuals and an indigenous expert.
This measure is intended to preserve the biodiversity of trust lands, including their mineral and marine resources. These lands and resources have been, and still are, culturally, economically, medicinally, spiritually and otherwise, significant to the overall well being of native Hawaiians and the general public. The attributes of biodiversity, the totality of genes, species, and ecosystems, can provide medicines from natural products, new antibiotics, organisms that fight antibiotic resistant bacterial infections, and research models.
Your Committees find that Hawaii's biological diversity and biological resources are assets of the public trust that are culturally, economically, medicinally, spiritually and otherwise significant to the general public and native Hawaiians.
Your Committees further find that Hawaii is experiencing a tremendous loss of biodiversity due to the conversion of natural habitat for development, environmental degradation and nonsustainable consumptive practices. Your Committees further find that the State of Hawaii has a trust obligation to ensure the preservation and sustainable use and equitable sharing of benefits of Hawaii's biological resources.
In light of these findings, your Committees have amended this measure by:
(1) Strengthening the purpose section;
(2) Adding definitions for "biological diversity", "biotechnology", and "sustainable use";
(3) Deleting references to a moratorium and substituting therefor a prohibition on the sale or transfer of biological resources and biological diversity on trust lands;
(4) Changing the purpose of the temporary biospecting commission from developing a comprehensive plan for bioprospecting to developing a comprehensive plan on the preservation and use of the biological diversity and biological resources of the trust lands;
(5) Changing the number of commission members from nine to ten to add a member of the biotechnology industry, and clarifying their backgrounds to facilitate the amended purpose of the commission;
(6) Including in the duties of the commission the development of issues and policies for the conservation and sustainable use of biological diversity, and related matters in aid thereof;
(7) Clarifying that this measure does not prevent the sale or commercial processing of fish, marine and agricultural products, or agricultural products, or to prevent the native Hawaiians from exercising specified cultural rights; and
(8) Changing the repeal date from June 30, 2006, to June 30, 2005.
As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 643, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 643, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Judiciary and Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
____________________________ LORRAINE R. INOUYE, Chair |
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