SB3028 SD1.DOC

SECTION 1. Chapter 183, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . FOREST RESOURCES IN NEED OF CONSERVATION

§183-A Native forest resources deemed in need of conservation; duties. In addition to duties listed in section 183-1.5, the department shall:

(1) Support reforestation efforts throughout the State for all native forest resources deemed in need of conservation;

(2) Support the sustainable management and use of native forest resources throughout the State;

(3) Identify and protect native forest resources deemed in need of conservation for sustainable management and conservation of those species and ecosystems;

(4) Establish rules for designating forest resources in need of conservation and establish rules regarding the issuance of permits for commercial harvest of forest resources deemed in need of conservation;

(5) Provide incentives to local entrepreneurs to cultivate native species, especially those deemed in need of conservation, for reforestation programs or sustainable commercial operations; and

(6) Provide support for programs that ensure the sustainability of commercial operations for forest resources deemed in need of conservation in the State.

§183-B Harvesting of native forest resources deemed in need of conservation. (a) All commercial harvesting of native forest resources deemed in need of conservation on all lands shall be done in accordance with a harvest permit approved by the board, and in accordance with the provisions regarding conservation of aquatic life, wildlife, and land plants and the provisions regarding environmental compliance.

(b) It shall be unlawful to harm, destroy, or harvest any material of a forest resource, living or dead, deemed in need of conservation for commercial purposes without a harvest permit issued by the board.

(c) It shall be unlawful to export any material of forest resource, living or dead, outside of the State for commercial purposes except as granted under a harvest permit issued by the board.

(d) Native Hawaiian sandalwood, including all Santalum species endemic to Hawaii, is hereby deemed a forest resource in need of conservation.

(e) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

§183-C Permits. (a) Pursuant to chapter 91 and based on a harvest and reforestation plan, the department shall adopt rules regarding the issuance of a permit to destroy, harvest, or export for commercial purposes any material of a forest resource, living or dead, deemed in need of conservation, pursuant to section 183-B(a). These rules shall specify the:

(1) Requirements to obtain a harvest permit;

(2) Duration of a harvest permit;

(3) Terms and conditions of a harvest permit; and

(4) Disqualifications that will prevent the approval of a harvest permit.

(b) No harvest permit or license for the commercial harvest or exportation outside of the State of any material of a forest resources, living or dead, deemed in need of conservation shall be issued by any officer or agency of the State without the prior approval and concurrence of the board. In determining whether to grant or withhold such approval, the board shall be guided by the standards set forth in chapter 183.

§183-D Fees. (a) The board shall establish a processing fee for permits issued for the harvest of forest resources deemed in need of conservation. Such a permit will require an approved harvest and reforestation plan by the board of land and natural resources. The process for the development and approval of plans and permits will be defined in the rules.

(b) Fees collected for permits shall be deposited in the forest stewardship fund established under chapter 195F-4 to support forest management and restoration.

§183-E Criminal penalties. Any person who violates section 183-B, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not more than $2,000, or imprisoned not more than one year, or both. In addition to any other penalty imposed under this section, fines and penalties in accordance with sections 183-5 and 183-18 shall be levied for each individual forest resource illegally harvested under section 183-B. Fines collected pursuant to this section shall be deposited into the forest stewardship fund established under section 195F-4.

§183-F Definitions. As used in this part:

"Harvest permit" means a permit issued by the department of land and natural resources to destroy, harvest, or export for commercial purposes any material of a forest resource, living or dead, that is deemed in need of conservation.

"Hawaiian sandalwood" means the Santalum species endemic to the islands of Hawaii including but not limited to Santalum ellipticum, S. freycinetianum, S. haleakalae var. haleakalae and haleakalae var. lanaiense, and S. paniculatum var. paniculatum and S. paniculatum var. pilgeri.

"Native forest resources deemed in need of conservation" means those forest species identified by the board as currently in decline and in need of conservation."

SECTION 2. Section 183-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) In addition:

(1) A fine of up to $10,000 per violation of section 183-17 or 183-B may be levied for each destroyed or harvested koa tree[,] or sandalwood tree, or portion thereof, larger than six inches in diameter at ground level; and

(2) A fine of up to $2,000 per violation of section 183-17 may be levied for each destroyed or harvested tree or plant, other than koa[,] and sandalwood, or portion thereof, larger than six inches in diameter at ground level."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect on July 1, 2012.

THE SENATE	S.B. NO.	3028
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII