STAND. COM. REP. NO. 1611

Honolulu, Hawaii

RE: H.B. No. 1020

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1020, H.D. 1, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize the Board of Land and Natural Resources (BLNR) to temporarily adopt, amend, and repeal certain natural resource rules by formal action at a public meeting if BLNR finds that such adoption, amendment, or repeal is necessary to implement effective and adaptive management measures in response to rapidly changing resource conditions;

(2) Require legislative and BLNR approval prior to the renewed adoption, amendment, and repeal of certain natural resource rule by formal action at a public meeting; and

(3) Require the Department of Land and Natural Resources to report to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023 on actions and findings regarding the authority created by this measure.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, Kua‘āina Ulu ‘Auamo, and Moana Ohana. Your Committees received comments on this measure from Hawaii Fishermen's Alliance for Conservation and Tradition, Inc.

Your Committees find that the Department of Land and Natural Resources is responsible for managing and administering the aquatic and terrestrial wildlife resources of the State. These natural resources are impacted by a variety of environmental and anthropogenic factors, some of which may change rapidly and frequently, and to effectively manage these natural resources, the Department needs the flexibility to quickly and efficiently implement temporary adaptive management measures that are based on the best available scientific information. Your Committees further find that although the administrative rule-making process prescribed by chapter 91, Hawaii Revised Statutes, serves the important function of providing opportunity for public review and input, it is not designed for implementation of adaptive management measures in response to rapidly changing resource conditions. This measure will enable the Department of Land and Natural Resources to quickly implement certain temporary adaptive management measures, while also providing opportunity for public review and input.

Your Committees have amended this measure by inserting an effective date of October 1, 2021.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1020, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1020, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair