Bill Text: HI SB2819 | 2024 | Regular Session | Introduced
Bill Title: Relating To Traffic Safety.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [SB2819 Detail]
Download: Hawaii-2024-SB2819-Introduced.html
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THE SENATE |
S.B. NO. |
2819 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to endangered species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 195D-2, Hawaii Revised Statutes, is amended by amending the definition of "endangered species" to read as follows:
""Endangered
species" means any species [whose]:
(1) Whose
continued existence as a viable component of Hawaii's indigenous fauna or flora
is determined to be in jeopardy and has been so designated pursuant to section
195D-4[.]; or
(2) That has been so designated pursuant to section 195D‑4(b)(2)."
SECTION 2. Section 195D-4, Hawaii Revised Statutes, is amended by amending subsections (a) through (f) to read as follows:
"(a)
Any species of aquatic life, wildlife, or land plant that has been
determined to be an endangered species pursuant to the Endangered Species Act
shall be deemed to be an endangered species under this chapter and any
indigenous species of aquatic life, wildlife, or land plant that has been
determined to be a threatened species pursuant to the Endangered Species Act
shall be deemed to be a threatened species under this chapter. The department may determine, in accordance
with this section, however, that any [such] threatened species is an
endangered species throughout all or any portion of the range of [such] the
species within this State.
(b)
In addition to the species that have been determined to be endangered or
threatened pursuant to the Endangered Species Act, the department, by rules
adopted pursuant to chapter 91[, may]:
(1) May determine any indigenous species of aquatic life, wildlife, or land plant to be an endangered species or a threatened species because of any of the following factors:
[(1)] (A) The present or
threatened destruction, modification, or curtailment of its habitat or range;
[(2)] (B) Overutilization for
commercial, sporting, scientific, educational, or other purposes;
[(3)] (C) Disease or
predation;
[(4)] (D) The inadequacy of
existing regulatory mechanisms; or
[(5)] (E) Other natural or
artificial factors affecting its continued existence within Hawaii[.];
and
(2) Shall
designate as an endangered species any species of land plant as required by
legislative act.
(c)
The department shall make determinations required by subsection [(b)]
(b)(1) on the basis of all available scientific, commercial, and other
data after consultation, as appropriate, with federal agencies, other
interested state and county agencies, and interested persons and organizations.
(d)
The department shall issue rules containing a list of all species of
aquatic life, wildlife, and land plants that have been determined, in
accordance with subsections (a) to (c), as endangered species and a list of all
[such] species of aquatic life, wildlife, and land plants so
designated as threatened species. Each
list shall include the scientific, common, and Hawaiian names, if any, and
shall specify with respect to each [such] species over what portion of
its range it is endangered or threatened.
Except with respect to species of aquatic
life, wildlife, or land plants determined to be endangered or threatened
pursuant to the Endangered Species Act[,] or species of land plants
designated as an endangered species pursuant to subsection (b)(2), the department,
upon its own recommendation or [upon] the petition of three interested
persons who have presented to the department substantial evidence that warrants
review, shall conduct a review of any listed or unlisted indigenous species
proposed to be removed from or added to the lists published pursuant to this
subsection.
(e) With respect to any threatened or endangered species of aquatic life, wildlife, or land plant, it is unlawful, except as provided in subsections (f), (g), and (j) for any person to:
(1) Export
any [such] threatened or endangered species from this State;
(2) Take
any [such] threatened or endangered species within this State;
(3) Possess,
process, sell, offer for sale, deliver, carry, transport, or ship, by any means
whatsoever, any [such] threatened or endangered species;
(4) Violate any rule pertaining to the conservation of the species listed pursuant to this section and adopted by the department pursuant to this chapter; or
(5) Violate the terms of, or fail to fulfill the obligations imposed and agreed to under, any license issued under subsection (f), (g), or (j) any habitat conservation plan authorized under section 195D-21, or any safe harbor agreement authorized under section 195D-22.
(f)
The department may issue temporary licenses, under [such] any
terms and conditions as it may prescribe, to allow any act otherwise prohibited
by subsection (e), for scientific purposes or to enhance the propagation or
survival of the affected species."
SECTION 3. The department of land and natural resources shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to designate as an endangered species each coconut palm (Cocos nucifera) variety that is existing in the State of Hawaii and consumed by the coconut rhinoceros beetle (Orcytes rhinoceros).
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; Endangered Species; Rulemaking; Coconut Palms; Coconut Rhinoceros Beetles
Description:
Amends the definition of "endangered species". Requires the Department of Land and Natural Resources to designate as an endangered species any species of land plant as required by legislative act. Directs the department to designate certain species of coconut palms as endangered species.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
