STAND. COM. REP. NO.  748-10

Honolulu, Hawaii

                , 2010

RE:   S.B. No. 2441

      S.D. 2

      H.D. 1

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. 2441, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ENDANGERED SPECIES,"

begs leave to report as follows:

     The purpose of this bill is to protect the endangered Hawaiian monk seal from harassment and death, by establishing the crime of intentional or knowing taking of a Hawaiian monk seal as a class C felony.

     Animal Rights Hawaii, Hawaii Audubon Society, Hawaiian Monk Seal Response Team of Oahu, The Humane Society of the United States, KAHEA, Save Our Seal Campaign, West Hawaii Humane Society, and numerous concerned individuals testified in support of this bill.  The Department of Land and Natural Resources supported this measure with an amendment.

     Your Committee has amended this bill by:

(1)  Changing the effective date to July 1, 2010; and

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

     Concerns were raised regarding the fairness of the application of the provisions of this bill to situations where the initial aggressor is the monk seal rather than the human, and the prudence of elevating the penalties of so many crimes to felonies.  Your Committee acknowledges these meritorious concerns, but recognizes that the provisions of this bill deserve further consideration, and accordingly respectfully requests the Committee on Judiciary to further contemplate and address these concerns.

     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. 2441, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2441, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

KEN ITO, Chair