STAND. COM. REP. NO. 2359

Honolulu, Hawaii

, 2006

RE: S.B. No. 2358

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 2358 entitled:

"A BILL FOR AN ACT RELATING TO PROTECTION OF FOREST RESERVES,"

begs leave to report as follows:

The purpose of this measure is to establish general administrative penalties for violations under chapter 183, Hawaii Revised Statutes, and to include fines for timber trespass.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources, the Hawaii Forest Industry Association, and the Nature Conservancy.

Your Committee finds that updating the penalty language for the forest reserves, water development, and zoning to make it comparable to other state parks and conservation district statutes is prudent. This measure:

(1) Provides general administrative penalties; and

(2) Increases criminal penalties for violations that occur within the forest reserve system.

Your Committee has amended this measure by:

(1) Providing an exemption for native Hawaiian gathering rights and traditional cultural practices;

(2) Requiring the Department of Land and Natural Resources to submit an annual report to the legislature outlining the revenues generated by the penalties; and

(3) Making technical, nonsubstantive changes for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2358, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2358, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair