THE SENATE

S.C.R. NO.

55

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING THE establishment of A BIOPROSPECTING ADVISORY COMMISSION TO DEVELOP A COMPREHENSIVE PLAN FOR THE PRESERVATION AND USE OF THE BIOLOGICAL DIVERSITY AND BIOLOGICAL RESOURCES OF THE TRUST LANDS.

 

WHEREAS, the Hawaii State Constitution provides that lands granted to the State under the Admissions Act be held by the State as a public trust for native Hawaiians and the general public; and

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

WHEREAS, biological diversity and biological resources of the trust lands are of great potential economic benefit in the areas of medicine, scientific research, biotechnology, and commercial development for native Hawaiians and the general public; and

WHEREAS, if properly regulated, the potential economic benefit of these biological resources can create market-driven incentives and generate financial resources for the conservation and sustainable development of Hawaii's biological resources; and

WHEREAS, the Hawaiian people have customarily used Hawaii's biological resources in accordance with their traditional, cultural, and subsistence practices, including agriculture, fisheries, health, and horticulture; and

WHEREAS, the Hawaiian people are the traditional, indigenous knowledge holders with rights, including those internationally, constitutionally, and statutorily recognized rights; and

WHEREAS, indigenous peoples are internationally recognized through such conventions as the United Nations Conference on Environment and Development's Agenda 21 (adopted June 14, 1992) and the United Nations Draft Declaration on the Rights of Indigenous Peoples as owners of the first rights to natural resources in their territory; and

WHEREAS, Hawaii is experiencing a tremendous loss of biodiversity due to the conversion of natural habitat in favor of development, environmental degradation, and nonsustainable consumptive practices; and

WHEREAS, the State of Hawaii has a trust obligation to ensure the preservation and sustainable use and equitable sharing of benefits of Hawaii's biological resources; and

WHEREAS, a sharing mechanism between native Hawaiians and the people of Hawaii should be established, on a statewide policy basis, for the ownership rights of any organisms, minerals, genetic codes, or other resources discovered through bioprospecting on Hawaii's natural resources; and

WHEREAS, the Office of Hawaiian Affairs has the statutory responsibility to foster the betterment of conditions of native Hawaiians and Hawaiians, and for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the Office of Hawaiian Affairs is requested to establish a Bioprospecting Advisory Commission (Commission); and

BE IT FURTHER RESOLVED that the purpose of the Commission is to develop a comprehensive plan for the preservation and use of the biological diversity and biological resources of the trust lands; and

BE IT FURTHER RESOLVED that the Commission shall be composed of eleven members as follows:

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

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

(3) The Director of Business, Economic Development, and Tourism or the Director's designee;

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

(5) Five members representing native Hawaiians who have a demonstrated background in traditional and customary use of biological and/or genetic resources, the preservation of biological and/or genetic resources, indigenous and traditional technologies, or scientific and legal procedures for the protection or commercialization of biological and genetic resources;

(6) An expert on indigenous peoples' rights; and

(7) A representative of the biotechnology industry whose principal place of business is in the State of Hawaii; and

BE IT FURTHER RESOLVED that the Commission:

(1) Identify and develop issues and policies for the conservation and sustainable use of biological diversity, the responsible regulation of bioprospecting and biotechnology, the fair and equitable sharing of benefits arising from the use of genetic resources, and the meaningful participation in these processes by the traditional knowledge holders;

(2) Review the policies, laws, and models of other jurisdictions; and

(3) Prepare a comprehensive report addressing the issues in paragraphs (1) and (2) of this clause, and propose appropriate legislation; and

BE IT FURTHER RESOLVED that the Commission may hold public hearings as frequently as deemed necessary and feasible to receive testimony on issues relative to its activities; and

BE IT FURTHER RESOLVED that the Commission submit an interim report of its findings and recommendations to the Legislature and the Governor no later than twenty days before the convening of the Regular Session of 2004, and a final report of its findings and recommendations, including proposed legislation, no later than twenty days before the convening of the Regular Session of 2005.

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

Report Title:

Bioprospecting Advisory Commission; OHA