STAND. COM. REP. NO. 2608

Honolulu, Hawaii

RE:    S.B. No. 2441

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2441, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to establish the intentional or knowing taking of an endangered species as a class C felony and provide a private right of action to enforce conservation of aquatic life, wildlife, and land plant laws.

     This measure is in response to two recent intentional killings of Hawaiian monk seals on Kauai and one on Molokai.  In September 2009, a Kauai man pleaded guilty to shooting a monk seal in violation of the federal Endangered Species Act.  The man received a ninety-day jail term, one year supervised release, and a $25 fine. 

     Your Committee finds that with the increasing number of monk seals in Hawaiian Islands, the interaction between seals and humans will become more prevalent.  It is critical for the survival of the endangered seals that aggression towards the seals be minimized to avoid their demise.  Your Committee also finds that increasing the penalties for intentional or knowing destruction of these animals will protect them from future harassment and death.  However, your Committee believes that the measure, as received, is too broadly written and would apply the Class C felony penalty to endangered plants and wildlife as well.  Your Committee believes that the Class C felony penalty should apply exclusively to the intentional or knowing taking of Hawaiian monk seals.  Your Committee additionally finds that suits filed by individual citizens could possibly become problematic to the judicial system.

     Accordingly, your Committee amended the measure by:

     (1)  Eliminating references to any endangered species except for Hawaiian monk seals;

     (2)  Eliminating the section allowing for citizen suits; and

     (3)  Making technical, nonsubstantive changes for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2441, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2441, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair