STAND. COM. REP. 3049

Honolulu, Hawaii

, 2004

RE: H.B. No. 2964

H.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 2964, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE INSPECTIONS,"

begs leave to report as follows:

The purpose of this measure is to clarify that probable cause is not necessary for inspections by Department of Land and Natural Resources agents of any bag, container, vehicle, or conveyance that may contain aquatic life prohibited by law.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources, Hawaii Audubon Society, Ocean Law and Policy of the Pacific Forum CSIS, and the Hawaii Chapter of the Sierra Club.

Your Committee finds that under the hunting statutes, the Department of Land and Natural Resources (DLNR) is statutorily allowed to inspect any hunter's bag, container, hunting coat or jacket, carrier, or vehicle where game might be concealed. No probable cause is required because the hunter consents to a search when a hunting license is issued.

Under the aquatic resources statute, a DLNR agent may search any bag or container used to carry aquatic life, or any vehicle or conveyance used to transport aquatic life, only if the agent has probable cause to believe that the bag, container, vehicle, or conveyance contains evidence in violation of laws on aquatic resources.

Your Committee finds that the two approaches for hunting and aquatic resources should be standardized and should apply the same approach for inspecting bags, containers, vehicles, or conveyances of persons who hold a license or permit under either law. Your Committee believes that between the two approaches, the hunting-law standard should be used for both hunting and aquatic resources.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2964, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

LORRAINE R. INOUYE, Chair