HOUSE OF REPRESENTATIVES

H.R. NO.

147

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE ESTABLISHMENT OF A TEMPORARY ADVISORY COMMISSION ON BIOLOGICAL DIVERSITY.

 

 

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

WHEREAS, Hawaii runs the risk of losing its biodiversity as natural habitat is developed, natural environment is degraded, and non-sustainable consumptive practices are perpetuated; and

WHEREAS, Hawaii's unique biological diversity and biological resources are assets of a public trust established in article XI, section 1, of the Hawaii State Constitution and section 171-2, Hawaii Revised Statutes; and

WHEREAS, Hawaii's biological diversity and biological resources are of great potential economic benefit in the areas of medicine, scientific research, biotechnology, and commercial development; and

WHEREAS, there is a need to develop public policy to balance scientific research and commercialization with the preservation of Hawaii's fragile bio-resources, and fair and equitable benefit-sharing with the general public and native Hawaiians, who are the beneficiaries of the public land trust; and

WHEREAS, the Legislative Reference Bureau, in its report to the Legislature entitled, "Bioprospecting: Issues and Policy Consideration", January 2006, recommended four policy areas for discussion, including:

(1) Prior informed consent;

(2) Rights of indigenous knowledge holders;

(3) Equitable benefit-sharing; and

(4) Conservation, preservation, and sustainable use of biodiversity; and

WHEREAS, if the rights-holders and stakeholders, who have worked on these issues can agree to these four policies, it may serve as the basis upon which a regulatory permitting and licensing process can be developed; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Governor is requested to establish a temporary advisory commission on biological diversity, to be placed within the Office of Hawaiian Affairs for administrative purposes only, to make recommendations for policy development in the area of:

(1) Prior informed consent;

(2) Equitable benefit-sharing;

(3) Bio-safety protocols;

(4) A permitting and licensing process; and

(5) Cultural rights for the use of Hawaii's biodiversity; and

BE IT FURTHER RESOLVED that the Legislature requests that members of the temporary advisory commission on biological diversity represent the various rights-holders and stakeholders including the following:

(1) The Chairperson of the Board of Trustees of the Office of Hawaiian Affairs or a designee;

(2) The President of the University of Hawaii or a designee;

(3) The Director of Business, Economic Development, and Tourism or a designee;

(4) The Chairperson of the Board of Land and Natural Resources or a designee;

(5) Five members of the native Hawaiian community, residing in the State of Hawaii, who have a demonstrated background in:

(A) Traditional and customary use of biological and genetic resources;

(B) Indigenous and traditional technologies;

(C) Scientific and technical uses of native Hawaiian practices;

(D) Legal procedures nationally and internationally, in connection with the protection or commercialization of biological and genetic resources; and

(E) Native Hawaiian cultural rights as contained in the Hawaii State Constitution and statutes;

who are appointed by the Governor from lists of nominees submitted by the President of the Senate and the Speaker of the House of Representatives, and Hawaiian organizations;

(6) Two representatives from the biotechnology industry, whose principal place of business is in the State of Hawaii, who are appointed by the Governor from lists of nominees submitted by the President of the Senate and the Speaker of the House of Representatives, and members of the biotechnology industry, based in Hawaii; and

BE IT FURTHER RESOLVED that the temporary advisory commission on biological diversity is requested to prepare a report of its recommendations to the Legislature and the Governor not later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the Senate, the Speaker of the House of Representatives, the Chair of the Board of Trustees of the Office of Hawaiian Affairs, and the Governor.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Bio Diversity; OHA