HOUSE OF REPRESENTATIVES

H.B. NO.

1793

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

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   .  sandalwood

     §183-A  Duties; sandalwood.  In addition to the duties listed in section 183-1.5, the department shall:

     (1)  Support reforestation efforts throughout the State for all native sandalwood species with the objective of replenishing native sandalwood species forests to the level that those forests existed in 1777;

     (2)  Provide incentives to local entrepreneurs to cultivate native sandalwood species in plantations for either reforestation programs or commercial operations;

     (3)  Provide support for programs that ensure the sustainability of commercial sandalwood operations in the State;

     (4)  Enforce penalties against persons who violate this part; and

     (5)  Establish rules regarding the issuance of permits for harvesting or destroying a native sandalwood species tree.

     §183-B  Identification; destruction, harvesting, or exporting of sandalwood trees.  (a)  The department shall identify native sandalwood tree species in the State.

     (b)  It shall be unlawful to destroy or harvest a tree of a native sandalwood species identified by the department pursuant to subsection (a) without a permit issued by the department.

     (c)  Any person who destroys or harvests a native sandalwood species tree shall replant native sandalwood species trees in an amount determined by the department, which shall monitor the replanting efforts and the success rate of the seedlings that are replanted.

     (d)  It shall be unlawful to export raw or unprocessed timber of any native sandalwood species outside the State except with a permit issued by the department.

     (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 or harvest a tree of a native sandalwood species described in section 183-B(a) or to export raw or unprocessed timber of any native sandalwood species outside the State.  The rules shall include provisions for:

     (1)  Requirements to obtain a permit;

     (2)  Duration of a permit;

     (3)  Terms of a permit; and

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

     (b)  No original permit or license for the harvesting, destruction, or exportation outside of the State of any native sandalwood species not described in section 183-B(a) shall be issued by any officer or agency of the State without the prior approval and concurrence of the department.  In determining whether to grant or withhold such approval, the department shall be guided by the standards set forth in chapter 183C.

     §183-D  Fees.  (a)  Any person who holds a permit issued pursuant to section 183-B(b) who harvests trees of a native sandalwood species for commercial purposes shall pay to the department a fee equal to       per cent of the dollar value of the sandalwood or sandalwood products harvested or sold and shall pay a processing fee of $          .

     (b)  All fees except processing fees collected pursuant to subsection (a) shall be deposited in the treasury of the State for use by the department for forestry purposes and all such sums as may be so collected and deposited are appropriated for those purposes.  Processing fees collected under subsection (a) shall be deposited into the forest stewardship fund established under section 195F-4 to support forest management and restoration.

     §183-E  Criminal penalties.  Any person who violates section 183-B, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not more than $        or imprisoned not more than one year, or both.  In addition to any other penalty imposed under this section, fines and penalties in accordance with sections 183-5 and 183-18 shall be levied for each tree illegally destroyed or harvested under section 183B.  Fines collected pursuant to this section shall be deposited into the forest stewardship fund established under section 195F-4.

     §183-F   Definitions.  As used in this part, "native sandalwood species" or "native sandalwood tree species" means those tree species of the genus Santalum identified by the department as currently existing in the State."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  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 4.  This Act shall take effect on July 1, 2012.


 


 

Report Title:

Sandalwood; DLNR

 

Description:

Establishes penalties for the destruction or harvesting of native sandalwood trees.  Requires replanting for trees harvested.  Requires a permit to export raw or unprocessed sandalwood timber.  Establishes Department of Land and Natural Resources policies regarding sandalwood.  Effective July 1, 2012.  (HB1793 HD1)

 

 

 

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