STAND. COM. REP. NO. 343-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2034

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Economic Development and Business Concerns, to which was referred H.B. No. 2034, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BIOPROSPECTING,"

begs leave to report as follows:

The purpose of this bill is to protect biological diversity and biological resources on public lands by:

(1) Prohibiting their sale or transfer, except for farming and research operations whose products are neither indigenous nor endemic to the State; and

(2) Establishing and appropriating funds for a temporary Bioprospecting Advisory Commission (Commission) to develop a comprehensive plan for their preservation and use.

The Hawaii State Commission on the Status of Women, Ali'i Pauahi Hawaiian Civic Club, Association of Hawaiian Civic Clubs, King Kamehameha Hawaiian Civic Club, Parents And Children Together, Pearl Harbor Hawaiian Civic Club, GMO-Free Kauai, Hawaii Chapter of the Sierra Club, Earthjustice, Hawaii Audubon Society, PA'A Club, Kahea, Ilioulaokalani Coalition, and numerous concerned individuals submitted testimony in support of this measure. The University of Hawaii, Office of Hawaiian Affairs, Hawaiian Alliance for Responsible Technology & Science, Hawaii Technology Trade Association, Waikiki Hawaiian Civic Club, Ahahui Siwila Hawaii o Kapolei, Life of the Land, and several concerned individuals supported this measure with amendments. The Department of Business, Economic Development, and Tourism supported the intent of this measure. Hawaii Conservation Alliance, Biotechnology Industry Organization, and several concerned individuals opposed this measure.

Your Committee recognizes that due to the scope of this measure, it is important to strike a balance between concerns relating to the environment, native Hawaiian practices, and the growing biotechnology industry in the State. Your Committee has tried to amend this bill to strike a compromise between the interests of all parties.

Your Committee has amended this bill by:

(1) Clarifying the definitions of "biological diversity," "biological resources," "bioprospecting," and "sustainable use";

(2) Specifying that what is being prohibited is the "conveyance of the rights, interest, and title" instead of the "sale or transfer" of biological resources and biological diversity identified upon or collected from public lands;

(3) Clarifying that the bill's intent is not to prevent the State from entering into research and development agreements which protect the State's biological trust resources, ensure best practices and bio-safety protocols, or support biotechnology education and industry in the State;

(4) Adding three members to the Commission: an ecologist who is familiar with the State's ecosystem, a geneticist, and a representative of the Hawaii Institute for Public Affairs;

(5) Requiring the Commission to conduct an inventory of current biotechnology research projects and activities; and

(6) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Economic Development and Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2034, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 2034, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development and Business Concerns,

 

____________________________

BRIAN SCHATZ, Chair