STAND. COM. REP. NO. 2778

Honolulu, Hawaii

RE:    S.B. No. 2906

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2906 entitled:

"A BILL FOR AN ACT RELATING TO SECTION 13 OF ACT 380, SESSION LAWS OF HAWAII 1997,"

begs leave to report as follows:

     The purpose and intent of this measure is to make permanent the law that authorizes the use of safe harbor agreements, habitat conservation plans, and incidental take licenses as recovery options for conserving and protecting the State's threatened and endangered species.

     Your Committee received written comments in support of this measure from the Department of Business, Economic Development, and Tourism; Department of Land and Natural Resources; and the Land Use Research Foundation of Hawaii.

Your Committee finds that the Legislature provided a sunset clause that no new habitat conservation plans, safe harbor agreements, or incidental take licenses would be approved or issued after July 1, 2002.  This sunset clause was incrementally extended in Regular Sessions of 2001, 2006, and 2012.  The current version of the law allows for such plans, agreements, and licenses to be issued up to June 30, 2017.  Your Committee further finds that safe harbor agreements, habitat conservation plans, and incidental take licenses are invaluable tools in the process of recovering the State's endangered species while supporting economic development opportunities.  Accordingly, your Committee finds that the ability to approve and issue safe harbor agreements, habitat conservation plans, and incidental take licenses is vital and should be made permanent.

     Your Committee notes that, although this measure was proposed by the Department of Land and Natural Resources, the Department of Business, Economic Development, and Tourism suggested extending, rather than deleting, the sunset date, which contradicted the Department of Land and Natural Resources' proposal. 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2906 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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JILL N. TOKUDA, Chair