HOUSE OF REPRESENTATIVES

H.R. NO.

147

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

  
   

HOUSE RESOLUTION

 

REQUESTING THE ESTABLISHMENT OF A TEMPORARY ADVISORY COMMISSION ON BIOPROSPECTING.

 

 

WHEREAS, the Legislature finds that Hawaii's biological resources are assets of the public land trust that are culturally, spiritually, medicinally, and otherwise significant to native Hawaiians and the general public; and

WHEREAS, Hawaii runs the risk of losing its biological resources as natural habitat is developed, natural environment is degraded, and non-sustainable consumptive practices are perpetuated; and

WHEREAS, Hawaii's unique biological resources are assets of a public trust established in Article XI, section 1, of the Hawaii State Constitution and section 171-2, Hawaii Revised Statutes; and

WHEREAS, Hawaii's biological resources are of great potential economic benefit in the areas of medicine, scientific research, biotechnology, and commercial development; and

WHEREAS, there is a need to develop public policy to balance development and commercialization with scientific research and conservation of Hawaii's fragile bio-resources, and fair and equitable benefit-sharing with the general public and native Hawaiians, who are the beneficiaries of the public land trust; and

WHEREAS, in its report to the Legislature entitled, "Bioprospecting: Issues and Policy Consideration", January 2006, the Legislative Reference Bureau recommended four policy areas for discussion, including:

(1) Prior informed consent;

(2) Rights of indigenous knowledge holders;

(3) Equitable benefit-sharing; and

(4) Conservation, preservation, and sustainable use of biological diversity;

and

WHEREAS, if the rights-holders and stakeholders, who have worked on these issues can agree to these four policies, it may serve as the basis upon which a regulatory permitting and licensing process can be developed; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Governor is requested to establish a temporary advisory commission on bioprospecting, to be placed within the Office of Hawaiian Affairs for administrative purposes only, to make recommendations for policy development in the area of:

(1) Prior informed consent;

(2) Equitable benefit-sharing;

(3) Bio-safety protocols;

(4) A permitting and licensing process; and

(5) Cultural rights for the use of Hawaii's biodiversity;

and

BE IT FURTHER RESOLVED that members of the temporary advisory commission on bioprospecting represent the various rights-holders and stakeholders, including the following:

(1) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs or a designee;

(2) The President of the University of Hawaii or a designee;

(3) The Director of Business, Economic Development, and Tourism or a designee;

(4) The Chairperson of the Board of Land and Natural Resources or a designee;

(5) Five members of the native Hawaiian community, residing in the State of Hawaii, who have a demonstrated background in:

(A) Traditional and customary use of biological and genetic resources;

(B) Indigenous and traditional technologies;

(C) Scientific and technical uses of native Hawaiian practices;

(D) Legal procedures nationally and internationally, in connection with the protection or commercialization of biological and genetic resources; and

(E) Native Hawaiian cultural rights as contained in the Hawaii State Constitution and statutes;

who are appointed by the Governor from lists of nominees submitted by the President of the Senate, Speaker of the House of Representatives, and Hawaiian organizations; and

(6) Two representatives from the biotechnology industry, whose principal place of business is in the State of Hawaii, who are appointed by the Governor from lists of nominees submitted by the President of the Senate and the Speaker of the House of Representatives, and members of the biotechnology industry, based in Hawaii;

and

BE IT FURTHER RESOLVED that the temporary advisory commission on bioprospecting is requested to prepare a report of its recommendations to the Legislature and the Governor not later than 20 days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, President of the Senate, Speaker of the House of Representatives, and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

Report Title:

Bioprospecting; Temporary Advisory Commission