STAND. COM. REP. NO.  889-10

Honolulu, Hawaii

                , 2010

RE:   S.B. No. 2169

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Water, Land, & Ocean Resources, to which was referred S.B. No. 2169, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SHARK FINS,"

begs leave to report as follows:

     The purpose of this bill is to protect sharks by, among other things, prohibiting the harvest, possession, sale, or distribution of a shark or shark parts unless:

(1)  They are of a particular species landed whole and harvested under a commercial marine license; or

(2)  Permitted by a noncommercial permit issued by the Department of Land and Natural Resources (DLNR). 

     This bill also establishes fines and other penalties for a violation of its provisions.

     Sierra Club-Hawaii Chapter, Hawaii Audubon Society, Conservation Council for Hawaii, The Humane Society of the United States, Shark Free Marina Initiative, and numerous concerned individuals testified in support of this bill.  DLNR provided comments.

     Your Committee has amended this bill by:

(1)  Requiring that exceptions to the prohibition against harvesting, possessing, selling, offering for sale, trading, transferring, or distributing sharks or shark parts be established by a preponderance of the evidence;

(2)  Deleting the provision authorizing DLNR to issue permits to harvest, possess, sell, offer for sale, trade, transfer, or distribute a shark or shark parts for noncommercial purposes;

(3)  Reinstating the provisions of section 188-40.5, Hawaii Revised Statutes, which was the original statutory provision prohibiting the harvesting of shark fins; and

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

     As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2169, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as S.B. No. 2169, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

____________________________

KEN ITO, Chair