STAND. COM. REP. NO. 2237

Honolulu, Hawaii

RE: S.B. No. 3320

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 3320 entitled:

"A BILL FOR AN ACT RELATING TO FERAL PIG CONTROL PERMITS,"

begs leave to report as follows:

The purpose and intent of this measure is to codify certain administrative rules of the Department of Land and Natural Resources regarding permits to destroy or control harmful feral pigs.

Your Committee received testimony in support of this measure from Ulupono Initiative. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that residents of Hawaii, especially those living in rural areas, should be allowed to protect their property from wildlife that can damage property and endanger persons. Destructive or dangerous wildlife, particularly feral pigs, pose a threat to crops, indigenous plants and wildlife, and are often hazardous to human health and safety. However, the process for acquiring the necessary permits to eradicate feral pigs on private property is often difficult and cumbersome.

Despite the lengthy process to destroy and control feral pigs, your Committee has heard the concerns of the Department of Land and Natural Resources that this measure as introduced would inhibit some of the Department of Land and Natural Resources' authority to manage wildlife that cause substantial damage to natural resources or pose a threat to human health and safety. According to the Department of Land and Natural Resources, the measure would remove the authority from the Department of Land and Natural Resources to issue nuisance wildlife and feral game control permits and restrict permits to be issued for the control of feral pigs only. Restricting permits to feral pigs may inhibit the destruction and control of other nuisance game mammals, game birds, introduced wildlife, and introduced birds that caused or can cause damage to private properties. Amendments to this measure are therefore necessary to address the Department of Land and Natural Resources' concerns.

Accordingly, your Committee has amended this measure by:

(1) Retaining existing statutory language establishing the Department of Land and Natural Resources' authority to adopt rules regarding permits to take wild birds, game birds, and game mammals;

(2) Authorizing the Department of Land and Natural Resources to issue permits for the destruction of game mammals, including feral pigs, that have caused or are likely to cause damage to privately owned land, agricultural or aquacultural crops, indigenous plants or wildlife, or that pose a threat to human health and safety;

(3) Requiring an authorized agent of the Department of Land and Natural Resources to investigate complaints regarding game mammals, including feral pigs, that have caused or are likely to cause damage to privately owned land and issue a permit if satisfied with the damage that has occurred or likely to occur;

(4) Requiring the authorized agent of the Department of Land and Natural Resources to issue a permit or notify the applicant why a permit was not issued after a complaint has been made within one hundred eighty days;

(5) Authorizing the applicant of a permit to appeal decisions made by the authorized agent of the Department of Land and Natural Resources if a permit has not been issued within one hundred eighty days;

(6) Retaining existing statutory language that requires applicants seeking authority to apply for and obtain a written permit from the Department of Land and Natural Resources with exceptions to destruction of game birds, wild birds, and game mammals which are generally destructive to crops, constitute a nuisance, or health hazard within the district;

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

(8) 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 S.B. No. 3320, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3320, 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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LORRAINE R. INOUYE, Chair