HOUSE OF REPRESENTATIVES

H.R. NO.

108

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

requesting a study on bioprospecting.

 

 

WHEREAS, article XII, section 4, of the State Constitution provides that lands granted to the State by section 5(b) of the Admission Act and pursuant to article XVI, section 7, of the State Constitution, excluding "available lands" as defined by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public who are co-beneficiaries of the public trust; and

WHEREAS, article XI, section 1, of the State Constitution provides that "[a]ll public natural resources are held in trust by the State for the benefit of the people"; and

WHEREAS, section 190-1, Hawaii Revised Statutes, provides that all marine waters of the State are constituted a marine life conservation area to be administered by the Department of Land and Natural Resources; and

WHEREAS, Hawaii's biological diversity and biological resources are assets of the public trust that are culturally, spiritually, medicinally, and otherwise significant to native Hawaiians and the general public; and

WHEREAS, the biological diversity and biological resources on public lands are of great potential economic benefit in the areas of medicine, scientific research, biotechnology, and commercial development for native Hawaiians and the general public; and

WHEREAS, if properly regulated, the potential economic benefit of these biological resources can create market-driven incentives and generate financial resources for the conservation and sustainable development of Hawaii's biological resources; and

WHEREAS, native Hawaiians have customarily used Hawaii's biological resources in accordance with their traditional, cultural, and subsistence practices, thereby developing a rich body of traditional knowledge, innovations, and practices associated with Hawaii's biological resources, including in the areas of agriculture, fisheries, health, and horticulture; and

WHEREAS, native Hawaiians are traditional, indigenous knowledge holders with rights, including those recognized in article XII, section 7, of the State Constitution and sections 1-1 and 7-1, Hawaii Revised Statutes; and

WHEREAS, as traditional, indigenous knowledge holders, native Hawaiians have rights to protect, preserve, and control the use of their traditional knowledge and associated biological resources; and

WHEREAS, Hawaii is experiencing a tremendous loss of biodiversity due to the conversion of natural habitat for development, environmental degradation, and nonsustainable consumptive practices; and

WHEREAS, the State has a trust obligation to ensure the preservation and sustainable use and equitable sharing of benefits of Hawaii's biological resources; and

WHEREAS, pursuant to this well-established trust obligation, the Legislature has the fiduciary duty to protect and preserve the public trust resources and must prevent all breaches of the trust obligation; and

WHEREAS, government entities may enter into material transfer agreements with private parties that purport to transfer the title and ownership of the State's natural, biological, and genetic resources and the right to benefit from those material resources through commercialization; and

WHEREAS, such actions warrant a review of public agencies' and entities' procedures when negotiating the use of the State's natural, biological, and genetic resources to ensure that these resources are utilized in a judicious manner that also provides a sharing of benefits in as universal a manner as possible; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Legislative Reference Bureau is requested to conduct a study on the fair and equitable sharing of benefits arising from research, indigenous knowledge, intellectual property, or application of biological resources that are public natural resources held in trust by the State for the benefit of the people; and

BE IT FURTHER RESOLVED that the Legislature requests that the study focus on assisting in the formation of a public policy strategy to commercially develop the State's biological resources in a way that will be environmentally sustainable, culturally sensitive, economically feasible, and mutually beneficial to all the people of the State; and

BE IT FURTHER RESOLVED that the Legislature requests that the study include:

(1) Identification and development of issues and policies for:

(A) The conservation and sustainable use of biological diversity;

(B) The responsible regulation of bioprospecting and biotechnology as it relates to bioprospecting;

(C) The rights of traditional, indigenous knowledge holders;

(D) The fair and equitable sharing of benefits arising from the research, indigenous knowledge, intellectual property, or application of biological resources; and

(E) The meaningful participation in these processes by traditional, indigenous knowledge holders;

(2) Reviews of policies, laws, litigation and outcomes, and models of other jurisdictions;

(3) Preparation of a report addressing the issues in paragraphs (1) and (2) and appropriate legislative proposals; and

(4) Compilation of an inventory of current bioprospecting research projects and activities in the State that are public, as provided by the Office of the Governor; and

BE IT FURTHER RESOLVED that in conducting the study, the Legislative Reference Bureau is requested to consult with the following individuals, organizations, and interest groups:

(1) Office of Hawaiian Affairs;

(2) University of Hawaii;

(3) Department of Business, Economic Development, and Tourism;

(4) Department of Land and Natural Resources;

(5) Department of Agriculture;

(6) Department of Health;

(7) Native Hawaiians or organizations representing native Hawaiian interests;

(8) The biotechnology industry;

(9) Scientists with interests in Hawaiian ecological systems;

(10) Scientists with interests in genetics; and

(11) Any other organizations or persons that the Legislative Reference Bureau deems appropriate; and

BE IT FURTHER RESOLVED that the Attorney General is requested to assist the Legislative Reference Bureau in carrying out this study; and

BE IT FURTHER RESOLVED that the Office of the Governor is requested to assist the Legislative Reference Bureau in carrying out this study by providing a compilation of an inventory of current bioprospecting research projects and activities in the State that are public; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of any findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; the Director of the Legislative Reference Bureau; the Attorney General; the Board of Trustees of the Office of Hawaiian Affairs; the Board of Regents of the University of Hawaii; the Director of Business, Economic Development, and Tourism; the Chairperson of Land and Natural Resources; the Director of Agriculture; the Director of Health; and the President of the University of Hawaii, who, in turn, is requested to transmit copies to representatives of the biotechnology industry, scientists interested in Hawaiian ecological systems, and scientists interested in genetics.

Report Title:

Bioprospecting; Study