THE SENATE

S.B. NO.

2621

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to endangered species.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 195D-2, Hawaii Revised Statutes, is amended by amending the definition of "endangered species" to read as follows:

     ""Endangered species" means any species [whose]:

     (1)  Whose continued existence as a viable component of Hawaii's indigenous fauna or flora is determined to be in jeopardy and has been so designated pursuant to section 195D-4[.]; or

     (2)  That has been so designated pursuant to section 195D‑4(b)(2)."

     SECTION 2.  Section 195D-4, Hawaii Revised Statutes, is amended by amending subsections (a) through (f) to read as follows:

     "(a)  Any species of aquatic life, wildlife, or land plant that has been determined to be an endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under this chapter and any indigenous species of aquatic life, wildlife, or land plant that has been determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under this chapter.  The department may determine, in accordance with this section, however, that any [such] threatened species is an endangered species throughout all or any portion of the range of [such] the species within this State.

     (b)  In addition to the species that have been determined to be endangered or threatened pursuant to the Endangered Species Act, the department, by rules adopted pursuant to chapter 91[, may]:

     (1)  May determine any indigenous species of aquatic life, wildlife, or land plant to be an endangered species or a threatened species because of any of the following factors:

    [(1)] (A)  The present or threatened destruction, modification, or curtailment of its habitat or range;

    [(2)] (B)  Overutilization for commercial, sporting, scientific, educational, or other purposes;

    [(3)] (C)  Disease or predation;

    [(4)] (D)  The inadequacy of existing regulatory mechanisms; or

    [(5)] (E)  Other natural or artificial factors affecting its continued existence within Hawaii[.]; and

     (2)  Shall designate as an endangered species any species of land plant as required by legislative act.

     (c)  The department shall make determinations required by subsection [(b)] (b)(1) on the basis of all available scientific, commercial, and other data after consultation, as appropriate, with federal agencies, other interested state and county agencies, and interested persons and organizations.

     (d)  The department shall issue rules containing a list of all species of aquatic life, wildlife, and land plants that have been determined, in accordance with subsections (a) to (c), as endangered species and a list of all [such] species of aquatic life, wildlife, and land plants so designated as threatened species.  Each list shall include the scientific, common, and Hawaiian names, if any, and shall specify with respect to each [such] species over what portion of its range it is endangered or threatened.

     Except with respect to species of aquatic life, wildlife, or land plants determined to be endangered or threatened pursuant to the Endangered Species Act[,] or species of land plants designated as an endangered species pursuant to subsection (b)(2), the department, upon its own recommendation or [upon] the petition of three interested persons who have presented to the department substantial evidence that warrants review, shall conduct a review of any listed or unlisted indigenous species proposed to be removed from or added to the lists published pursuant to this subsection.

     (e)  With respect to any threatened or endangered species of aquatic life, wildlife, or land plant, it is unlawful, except as provided in subsections (f), (g), and (j) for any person to:

     (1)  Export any [such] threatened or endangered species from this State;

     (2)  Take any [such] threatened or endangered species within this State;

     (3)  Possess, process, sell, offer for sale, deliver, carry, transport, or ship, by any means whatsoever, any [such] threatened or endangered species;

     (4)  Violate any rule pertaining to the conservation of the species listed pursuant to this section and adopted by the department pursuant to this chapter; or

     (5)  Violate the terms of, or fail to fulfill the obligations imposed and agreed to under, any license issued under subsection (f), (g), or (j) any habitat conservation plan authorized under section 195D-21, or any safe harbor agreement authorized under section 195D-22.

     (f)  The department may issue temporary licenses, under [such] any terms and conditions as it may prescribe, to allow any act otherwise prohibited by subsection (e), for scientific purposes or to enhance the propagation or survival of the affected species."

     SECTION 3.  The department of land and natural resources shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to designate as an endangered species each coconut palm (Cocos nucifera) variety that is existing in the State of Hawaii and consumed by the coconut rhinoceros beetle (Orcytes rhinoceros).

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

DLNR; Endangered Species; Rulemaking; Coconut Palms; Coconut Rhinoceros Beetles

 

Description:

Amends the definition of "endangered species".  Requires the Department of Land and Natural Resources to designate as an endangered species any species of land plant as required by legislative act.  Directs the department to designate certain species of coconut palms as endangered species.

 

 

 

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