THE SENATE

S.B. NO.

1286

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to the natural resource of native hawaiian sandalwood, iliahi.

 

 

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

 


SECTION 1. The purpose of this Act is to protect native species of sandalwood trees by:

(1) Requiring the department of land and natural resources to take action in support and in protection of native sandalwood; and

(2) Establishing criminal penalties for the illegal destruction or harvesting of native sandalwood trees.

SECTION 2. 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 prior to 1800;

(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; and

(4) Enforce penalties against persons who violate this part.

183-B Destruction or harvesting of sandalwood trees. (a) It shall be unlawful to destroy or harvest a tree of a native sandalwood species that is determined by the department to have been in existence prior to the year 1778.

(b) It shall be unlawful to destroy or harvest a tree of a native sandalwood species not described in subsection (a) without a license 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 equal to the total estimated age of all trees destroyed or harvested; provided that the department 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.

183-C Fees. (a) Any person licensed 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.

(b) All 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.

183-D Criminal penalties. Any person who violates section 183-B, upon conviction thereof, is 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, a fine of up to $           shall be levied for each tree illegally destroyed or harvested under section 183B."

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. This Act shall take effect upon approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sandalwood; Department of Land and Natural Resources; Criminal Penalties for Illegal Destruction or Harvest

 

Description:

Provides that the department of land and natural resources has the duty to support and protect native sandalwood trees; provides for the assessment of fees for a permit to harvest native sandalwood; establishes criminal penalties for the illegal destruction or harvest of native sandalwood.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.