STAND. COM. REP. NO. 1240

Honolulu, Hawaii

RE: H.B. No. 1020

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 1020, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADAPTIVE NATURAL RESOURCE MANAGEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to temporarily adopt, amend, and repeal certain natural resource rules by formal board action at a publicly noticed meeting if the Board finds that the adoption, amendment, or repeal is necessary to implement effective and adaptive management measures in response to rapidly changing resource conditions.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Hawaiian Affairs; Kua‘āina Ulu ‘Auamo; Malama Pupukea-Waimea; Hawai‘i Fishermen's Alliance for Conservation and Tradition, Inc.; and For the Fishes. Your Committee received testimony in opposition of this measure from one individual.

Your Committee finds that the intent of this measure is to enable the Board of Land and Natural Resources to adapt management polices and practices to address emergent natural resources issues, while providing the opportunity for public review and input. According to testimony received by your Committee, the adaptive management framework is a powerful tool, not only because of its flexibility, but also because it allows state management efforts to better incorporate the intimate knowledge and experience of those who are observing and connecting with the State's aquatic and terrestrial wildlife resources on a daily basis.

Your Committee has amended this measure by:

(1) Requiring approval from the Legislature and the Board of Land and Natural Resources prior to the continued adoption, amendment, or repeal of certain natural resource rules;

(2) Requiring the Department of Land and Natural Resources to submit a report, regarding its actions and findings on the temporary adoption, amendment, and repeal of certain natural resource rules through formal action at a publicly noticed meeting over the past two years, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and

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

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 H.B. No. 1020, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1020, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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

________________________________

LORRAINE R. INOUYE, Chair