STAND. COM. REP. NO. 2648

Honolulu, Hawaii

RE: S.B. No. 2188

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 2188 entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE OFFENSES,"

begs leave to report as follows:

The purpose and intent of this measure is to require that all firearms, animal parts, products, or items containing prohibited animal parts or products involved in the commission of wildlife trafficking or certain hunting offenses shall be considered contraband to be forfeited to and disposed of by the State.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; City and County of Honolulu, Department of the Prosecuting Attorney; and one individual. Your Committee received testimony in opposition to this measure from the Hawaii Firearms Coalition and Hawaii Hunting Association.

Your Committee finds that section 183D-5(b)(1), Hawaii Revised Statutes, states that a first conviction for certain wildlife trafficking or hunting offenses shall result in a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both, but does not include contraband forfeiture penalties that results when there are subsequent convictions. When the products from, and implements used in, the commission of wildlife trafficking are seized, the criminal activity is more effectively hampered than when violators are simply fined or imprisoned. Removing trafficked products from the market and taking the firearms out of the hands of poachers is a step in the right direction towards ending wildlife trafficking.

Your Committee has amended this measure by removing firearms from the list of items that are to be considered contraband and subject to forfeiture by the State when it is a first conviction of certain wildlife trafficking or hunting offenses.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2188, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2188, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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KAIALI'I KAHELE, Chair