STAND. COM. REP. NO. 322

Honolulu, Hawaii

, 2005

RE: S.B. No. 1692

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Media, Arts, Science, and Technology and Energy, Environment, and International Affairs, to which was referred S.B. No. 1692 entitled:

"A BILL FOR AN ACT RELATING TO BIOPROSPECTING,"

beg leave to report as follows:

The purpose of this measure is to address issues relating to bioprospecting by establishing a temporary bioprospecting commission.

Testimony in support of this measure was submitted by Life of the Land, Waikiki Hawaiian Civic Club, Women's Coalition, and two individuals. Testimony in opposition to this measure was submitted by the Department of Agriculture, Department of Business, Economic Development, and Tourism, Office of Hawaiian Affairs, and Hawaiian Alliance for Responsible Technology & Science. Comments were also submitted by the Office of Information Practices and the University of Hawaii.

Hawaii's biological diversity and biological resources are assets of the public trust and the general public. Your Committees find that these resources have a great potential for economic benefit in medicine, scientific research, biotechnology, and commercial development. If properly regulated, the potential benefit could create market-driven incentives and generate financial resources for the conservation and sustainable development of Hawaii's biological resources. Thus, this measure establishes a commission to develop a comprehensive plan for the preservation of biological diversity and biological resources as it relates to bioprospecting on public lands and in the state marine waters.

Further, because the Office of Hawaiian Affairs has a vested interest in Hawaii's biological diversity and biological resources, your Committees noted suggestions to have the Office of Hawaiian Affairs and other organizations contribute as a funding source to this measure.

Your Committees have amended this measure by:

(1) Limiting the scope of the commission's plan to only bioprospecting;

(2) Limiting the inventory of projects to only ongoing bioprospecting activities;

(3) Changing the composition of the commission by:

(a) Increasing the number of commission members to fifteen;

(b) Requiring five Hawaiian members with a demonstrated background in traditional and customary use of biological or genetic resources, the preservation of biological or genetic resources, indigenous and traditional technologies, or scientific or legal procedures for the protection or commercialization of biological and genetic resources; and

(c) Requiring two members from the biotechnology industry;

(4) Requiring the commission to hold "meetings" rather than "public hearings" to conform to chapter 92 requirements; and

(5) Making technical, nonsubstantive stylistic changes.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Media, Arts, Science, and Technology and Energy, Environment, and International Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1692, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1692, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Media, Arts, Science, and Technology and Energy, Environment, and International Affairs,

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CAROL FUKUNAGA, Chair

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RUSSELL S. KOKUBUN, Chair

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J. KALANI ENGLISH, Chair