STAND. COM. REP. NO. 2443

Honolulu, Hawaii

RE:    S.B. No. 2647

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Water, Land, and Agriculture and Judiciary and Labor, to which was referred S.B. No. 2647 entitled:

"A BILL FOR AN ACT RELATING TO NATURAL RESOURCES,"

beg leave to report as follows:

     The purpose and intent of this measure is to improve coordination between state and other government authorities as encouraged in section 183D-8, Hawaii Revised Statutes, and to remove any potential conflicts of law that unintentionally make Hawaii an attractive market for illegal wildlife trafficking by:

     (1)  Prohibiting the sale, offering to sell, purchase, trade, or barter of any part or product from various animal and marine species;

     (2)  Imposing penalties for violations of the prohibition on trafficking animal parts and products; and

     (3)  Authorizing the Board of Land and Natural Resources to impose specific administrative fines for wildlife law violations. 

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Humane Society of the United States, Vulcan Inc., West Hawaii Humane Society, Humane Society International, Global March for Elephants and Rhinos, Action for Elephants UK, Hawaiian Humane Society, Conservation Council for Hawai‘i, Animal Welfare Institute, Nsefu Wildlife Conservation Foundation, and fifty-seven individuals.  Your Committees received testimony in opposition to this measure from Hawaii Rifle Association, Elephant Protection Association, Whaler's Locker' Inc., and four individuals.

     Your Committees find that the trafficking of animals threatened with extinction continues to grow at an alarming pace and ranks as the fourth most lucrative criminal activity behind narcotics, counterfeiting, and human trafficking.  According to a 2008 study, Hawaii was the nation's third largest market for ivory, after New York and California, which have both recently passed legislation to shut down their in-state markets for ivory, which means that without passage of this measure Hawaii may soon be the largest ivory market in the United States.  Your Committees further find that the International Fund for Animal Welfare partnered with the Wildlife Conservation Society, Vulcan Inc., Natural Resources Defense Council, and Humane Society International to conduct a six-day investigation.  The investigation of Hawaii's online ivory trade found approximately $1,200,000 worth of ivory and related wildlife products for sale in Hawaii, with the vast majority of retailers failing to provide documentation that would indicate these sales are legal under federal law.

     Your Committees find that it is important to demonstrate Hawaii's continuing leadership in global conservation challenges, such as international wildlife trafficking and endangered species protection, and prohibit the market for threatened animal species parts and products with few exceptions.

     Your Committees have amended this measure to mirror the changes in H.B. No. 2502, H.D. 1 (Regular Session of 2016), a substantially similar measure, by:

     (1)  Deleting the term "evidencing provenance" from the antique and musical instrument exemption provisions;

     (2)  Increasing the allowable amount of a covered animal species part or product in an antique or musical instrument from ten percent to twenty percent;

     (3)  Inserting language to exempt a covered animal species part or product that is less than twenty percent of a legally purchased and possessed firearm or knife;

     (4)  Inserting language to exempt a covered animal species part or product that is a fixed component or components of a larger manufactured item and is not, in its current form, the primary source of value of the item;

     (5)  Deleting language that would have authorized the Board of Land and Natural Resources to impose specific administrative fines for wildlife law violations, as that language was stated in S.B. No. 2647, since it is unnecessary as section 183D-12, Hawaii Revised Statutes, already allows for administrative fines;

     (6)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (7)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2647, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2647, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Judiciary and Labor,

________________________________ GILBERT S.C. KEITH-AGARAN, Chair

________________________________ MIKE GABBARD, Chair