Bill Text: HI HB1639 | 2016 | Regular Session | Introduced

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Bill Title: Native Forest Resources; Sandalwood; DLNR

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-25 - Referred to WAL, JUD, FIN, referral sheet 1 [HB1639 Detail]

Download: Hawaii-2016-HB1639-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1639
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to conservation and resources.

 

 

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

 

     SECTION 1.  Chapter 183, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   .  NATIVE FOREST RESOURCES

     §183-A  Native forest resources deemed in need of conservation; duties.  In addition to duties listed in section 183-1.5, the department shall:

     (1)  Support reforestation efforts throughout the State for all native forest resources deemed in need of conservation;

     (2)  Support the sustainable management and use of native forest resources throughout the State;

     (3)  Identify and protect native forest resources deemed in need of conservation for sustainable management and conservation of those species and ecosystems;

     (4)  Adopt rules for designating forest resources in need of conservation and adopt rules regarding the issuance of permits for commercial harvest of forest resources deemed in need of conservation;

     (5)  Provide incentives to local entrepreneurs to cultivate native species, especially those deemed in need of conservation, for reforestation programs or sustainable commercial operations; and

     (6)  Provide support for programs that ensure the sustainability of commercial operations for forest resources deemed in need of conservation in the State.

     §183-B  Harvesting of native forest resources deemed in need of conservation.  (a)  All commercial harvesting of native forest resources deemed in need of conservation on all lands shall be done in accordance with a harvest permit issued by the board, and in accordance with laws regarding conservation of aquatic life, wildlife, and land plants, and the laws regarding environmental compliance.

     (b)  It shall be unlawful to, for commercial purposes, harm, destroy, or harvest any material of a forest resource, living or dead, deemed in need of conservation without a harvest permit issued by the board.

     (c)  It shall be unlawful to export any material of a forest resource, living or dead, outside of the State for commercial purposes except as granted under a harvest permit issued by the board.

     (d)  Native Hawaiian sandalwood, including all six Santalum species endemic to Hawaii, are hereby deemed forest resources in need of conservation.

     §183-C  Permits; rules for criteria. (a)  The department shall adopt rules pursuant to chapter 91 regarding the issuance of a permit to destroy, harvest, or export for commercial purposes any material of a forest resource, living or dead, deemed in need of conservation. The rules shall establish the criteria for board approval of a harvest permit including:

     (1)  Requirements to obtain a permit;

     (2)  Duration of a permit;

     (3)  Terms and conditions of a permit; and

     (4)  Disqualifying factors that will prevent the approval of a permit.

     (b)  The board shall adopt rules pursuant to chapter 91 for the development of a harvest and reforestation plan and shall develop a harvest and reforestation plan according to those rules.  Compliance with the plan shall be a requirement for the approval of all permits issued pursuant to this section.

     (c)  No permit for the commercial harvest or exportation outside of the State of any material of a forest resource, living or dead, deemed in need of conservation shall be issued without the prior approval of the board.  In determining whether to grant or withhold approval, the board shall be guided by the standards set forth in this chapter.

     §183-D  Fees.  (a)  The board shall establish a processing fee for permits issued for the harvest of forest resources deemed in need of conservation. 

     (b)  Fees collected for permits shall be deposited in the forest stewardship fund established under section 195F-4 to support forest management and restoration.

     §183-E  Criminal penalties.  Any person convicted of violating section 183-B shall be guilty of a misdemeanor and shall be fined not more than $2,000, or imprisoned not more than one year, or both.  In addition to any other penalty imposed under this section, a fine of up to $2,000 shall be levied for each native forest resource illegally destroyed or harvested.

     §183-F  Definitions.  As used in this part:

     "Native forest resources deemed in need of conservation" means those forest species identified by the board as currently in decline and in need of conservation.

     "Hawaiian sandalwood" means the Santalum species endemic to the islands of Hawaii including Santalum ellipticum (Maui, Lana‘i, Moloka‘i, Kaua‘i, O‘ahu, Hawai‘i); Santalum freycinetianum (O‘ahu); Santalum haleakalae var. haleakalae (Maui); Santalum haleakalae var. lanaiense (Maui, Lana‘i, Moloka‘i); Santalum paniculatum var. paniculatum (Hawai‘i); Santalum paniculatum var. pilgeri (Hawai‘i); Santalum involutum (Kaua‘i); and Santalum pyrularium (Kaua‘i)."

     SECTION 2.  Section 183-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  In addition:

     (1)  A fine of up to $10,000 per violation of section 183-17 or 183-B, may be levied for each destroyed or harvested koa or sandalwood tree, or portion thereof, larger than six inches in diameter at ground level; and

     (2)  A fine of up to $2,000 per violation of section 183-17 or 183-B may be levied for each destroyed or harvested tree, [or] plant, or native forest resource, other than koa[,] or sandalwood, or portion thereof, larger than six inches in diameter at ground level."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Native Forest Resources; Sandalwood; DLNR

 

Description:

Establishes permit requirements for commercial harvesting, taking, or export of native forest resources, including sandalwood.  Requires DLNR to adopt rules for permits.  Imposes administrative and criminal penalties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.