HOUSE OF REPRESENTATIVES

H.B. NO.

1793

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONSERVATION AND RESOURCES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 183, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  NATIVE FOREST RESOURCES

     §183-A  Native forest resources deemed in need of conservation; duties.  In addition to duties listed in section 183-1.5, the department shall:

     (1)  Support reforestation efforts throughout the state for all native forest resources deemed in need of conservation;

     (2)  Support the sustainable management and use of native forest resources throughout the State;

     (3)  Identify and protect native forest resources deemed in need of conservation for sustainable management and conservation of those species and ecosystems;

     (4)  Establish rules for designating forest resources in need of conservation and establish rules regarding the issuance of permits for commercial harvest of forest resources deemed in need of conservation;

     (5)  Provide incentives to local entrepreneurs to cultivate native species, especially those deemed in need of conservation, for reforestation programs or sustainable commercial operations; and

     (6)  Provide support for programs that ensure the sustainability of commercial operations for forest resources deemed in need of conservation in the State.

     §183-B  Harvesting of native forest resources deemed in need of conservation.  (a)  All commercial harvesting of native forest resources deemed in need of conservation on all lands shall be done in accordance with a harvest permit approved by the board, and in accordance with laws regarding conservation of aquatic life, wildlife, and land plants, and the laws regarding environmental compliance.

      (b)  It shall be unlawful to, for commercial purposes, harm, destroy, or harvest any material of a forest resource, living or dead, deemed in need of conservation without a harvest permit issued by the board.

      (c)  It shall be unlawful to export any material of forest resource, living or dead, outside of the State for commercial purposes except as granted under a harvest permit issued by the board.

      (d)  Native Hawaiian sandalwood, including all six Santalum species endemic to Hawaii, are hereby deemed forest resources in need of conservation.

      (e)  The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

      §183-C  Permits. (a)  Subject to chapter 91, the department shall adopt rules regarding the issuance of a permit to destroy, harvest or export for commercial purposes any material of a forest resource, living or dead, deemed in need of conservation, described in section 183-B(a). The rules shall establish the provisions for board approval of a harvest permit that is based on a harvest and reforestation plan:

     (1)  Requirements to obtain a harvest permit;

     (2)  Duration of a harvest permit;

     (3)  Terms and conditions of a harvest permit; and

     (4)  Disqualifications that will prevent the approval of a harvest permit.

     (b)  No harvest permit or license for the commercial harvest or exportation outside of the State of any material of a forest resource, living or dead, deemed in need of conservation shall be issued by any officer or agency of the State without the prior approval and concurrence of the board.  In determining whether to grant or withhold such approval, the board shall be guided by the standards set forth in chapter 183.

     §183-D  Fees.  (a)  The board shall establish a processing fee for permits issued for the harvest of forest resources deemed in need of conservation.  The board shall also develop a harvest and reforestation plan.  The process for the development and approval of plans and permits shall be defined in the rules.

     (b)  Fees collected for permits shall be deposited in the forest stewardship fund established under section 195F-4 to support forest management and restoration.

     §183-E  Criminal and administrative penalties.  Any person who violates section 183-B, upon conviction thereof, is guilty of a misdemeanor and shall be fined not more than $2,000 or imprisoned not more than one year, or both.  In addition to any other penalty imposed under this section, a fine of up to $2,000 shall be levied for each native forest resource illegally destroyed or harvested under section 183-B.

  §183-F  Definitions.  (a)  As used in this part, "native forest resources deemed in need of conservation" means those forest species identified by the board as currently in decline and in need of conservation.

(b)  As used in this part, "Hawaiian sandalwood" means the  Santalum species endemic to the islands of Hawaii including Santalum ellipticum (Maui, Lanai, Molokai, Kauai, Oahu, Hawaii); S. freycinetianum (Oahu); S. haleakalae var. haleakalae (Maui) and haleakalae var. lanaiense (Maui, Lanai, Molokai); S. paniculatum var. paniculatum (Hawaii) and paniculatum var. pilgeri (Hawaii); S. involutum (Kauai); and S. pyrularium (Kauai)."

     SECTION 2.  Section 183-5, Hawaii Revised Statutes, is amended by amending section (c) to read as follows:

"(c)  In addition:

     (1)  A fine of up to $10,000 per violation of section 183-17 or 183-B, may be levied for each destroyed or harvested koa or sandalwood tree, or portion thereof, larger than six inches in diameter at ground level; and

     (2)  A fine of up to $2,000 per violation of section 183-17 or 183-B may be levied for each destroyed or harvested tree, [or] plant, or native forest resource, other than koa[,] or sandalwood, or portion thereof, larger than six inches in diameter at ground level."

SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 7, 2059.



 

Report Title:

Native Forest Resources; Sandalwood; DLNR

 

Description:

Establishes penalties for the destruction or harvesting of native forest resources including the sandalwood tree.  Establishes Department of Land and Natural Resources policies and rules to protect native forest resources.  Effective January 7, 2059.  (HB1793 HD2)

 

 

 

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