HOUSE OF REPRESENTATIVES

H.R. NO.

86

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO establish a bioprospecting advisory commission to address issues related to bioprospecting, including equitable benefit sharing.

 

 

WHEREAS, article XII, section 4, of the state constitution provides that lands granted to the State by section 5(b) of the Admission Act and pursuant to article XVI, section 7, of the state constitution, excluding "available lands" as defined by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public who are co-beneficiaries of the public trust; and

WHEREAS, article XI, section 1, of the state constitution provides that "[a]ll public natural resources are held in trust by the State for the benefit of the people"; and

WHEREAS, section 190-1, Hawaii Revised Statutes, provides that the Department of Land and Natural Resources shall administer as a marine life conservation area all marine waters of the State; and

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

WHEREAS, the biological diversity and biological resources on public 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, native Hawaiians have customarily used Hawaii's biological resources in accordance with their traditional, cultural, and subsistence practices, thereby developing a rich body of traditional knowledge, innovations, and practices associated with Hawaii's biological resources, including the areas of agriculture, fisheries, health, and horticulture; and

WHEREAS, native Hawaiians are traditional, indigenous knowledge holders with rights, including those recognized in article XII, section 7, of the state constitution and sections 1-1 and 7-1, Hawaii Revised Statutes; and

WHEREAS, as traditional, indigenous knowledge holders, native Hawaiians have rights to protect, preserve, and control the use of their traditional knowledge and associated biological resources; and

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

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

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, that the Department of Business, Economic Development, and Tourism is requested to establish a temporary Bioprospecting Advisory Commission to develop a comprehensive plan for the preservation and use of the biological diversity and biological resources on public lands; and

BE IT FURTHER RESOLVED that the Department of Business, Economic Development, and Tourism is requested to provide staff and technical support for the Advisory Commission; and

BE IT FURTHER RESOLVED that the Director of Business, Economic Development, and Tourism, or the Director's designee, is requested to participate as a member of the Advisory Commission and to invite the following to participate as members of the Advisory Commission:

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

(4) Five members representing native Hawaiians who have 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 from lists of nominees that may be submitted by the President of the Senate, the Speaker of the House of Representatives, and native Hawaiian organizations; and

(5) A representative of the biotechnology industry whose principal place of business is in the State, from lists of nominees that may be submitted by the President of the Senate, the Speaker of the House of Representatives, and Hawaii-based representatives of the biotechnology industry.

The members are urged to elect one from among themselves to serve as chairperson of the Advisory Commission; and

BE IT FURTHER RESOLVED that the Advisory Commission is requested to:

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

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

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

BE IT FURTHER RESOLVED that the following definitions apply with respect to the deliberations of and any report produced by the Advisory Commission:

"Biological diversity" means the variability among living organisms from all sources, including but not limited to terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part; and including diversity within species, between species, and of ecosystems;

"Biological resources" means biological and genetic resources, including plant material, animals, microorganisms, cells, and genes;

"Bioprospecting" means the collection, removal, or use of biological and genetic resources of any organism, mineral, or other organic substance found within the ceded land trust for scientific research or commercial development;

"Biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use;

"Commission" means the bioprospecting advisory commission established in this Resolution;

"Sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations;

"Public lands" means public lands as defined in section 171-2, Hawaii Revised Statues, including submerged lands and lands to which the University of Hawaii holds title, and ocean resources under state jurisdiction; and

BE IT FURTHER RESOLVED that the Bioprospecting Advisory Commission is requested to 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 2005; and

BE IT FURTHER RESOLVED that the Advisory Commission is requested to submit a final report of its findings and recommendations, including proposed legislation, to the Legislature and the Governor no later than twenty days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that the Advisory Commission cease to exist on June 30, 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the University of Hawaii; the Chairperson of the Board of Land and Natural Resources; the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, who in turn is requested to transmit copies to other native Hawaiian organizations; and to the Director of Business, Economic Development, and Tourism, who in turn is requested to transmit copies to biotechnology industry representatives.

 

 

 

OFFERED BY:

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Report Title:

Bioprospecting; Advisory Commission