THE SENATE

S.B. NO.

319

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sandalwood.

 

 

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

 


SECTION 1. The legislature finds that sandalwood is an aromatic, heavy, and fine-grained timber that has been highly valued for centuries. Sandalwood is not only unique from other aromatic woods in that it retains its fragrance for decades, but it also produces a nut that is a well-known food source for Hawaiians. Unfortunately, the slow-growing trees have been overharvested and are frequently cut down for the use of the timber, without consideration of the valued nuts.

The legislature further finds that three native sandalwood species in Hawaii were exploited for sandalwood trade between 1790 and 1825, leading to the near extinction of sandalwood in Hawaii. While native sandalwood species may still be found in Hawaii, they are no longer abundant. Native sandalwood species are a rarity in the inhabited lowlands due to the lack of native soil, which is vital to their growth, as a result of human activities. Despite the rarity of the native sandalwood species, sandalwood is still being overharvested and needs to be protected. If not protected from overharvesting, the native sandalwood species in Hawaii will once again face the strong possibility of extinction.

The purpose of this Act is to maintain a sustainable industry and ensure the continued growth of the native sandalwood species in Hawaii, including the valued sandalwood nut, by prohibiting the sale, export, and possession with intent to sell or export of raw or unprocessed timber of native sandalwood species.

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 Raw or unprocessed timber of native sandalwood species; out-of-state sale prohibition; export prohibition. It shall be unlawful to sell, offer to sell, export outside the State, possess with the intent to sell, or possess with the intent to export outside the State any raw or unprocessed timber, including whole or partial raw logs, of any native sandalwood species. It shall be presumptive evidence of possession with intent to sell or export outside the State when any evidence may serve to independently establish such intent.

183-B Fees. (a) Any person who sells, offers to sell, possesses with the intent to sell, possesses with the intent to export, or exports raw or unprocessed timber, including whole or partial raw logs, of a native sandalwood species shall pay to the department a fee equal to       per cent of the dollar value of the sandalwood that was sold, exported, or intended for sale or export.

(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 sums so collected and deposited are appropriated for those purposes.

183-C Criminal penalties. Any person who violates section 183-A, 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 piece of timber illegally sold, exported, or possessed with intent to sell or export under section 183-A."

SECTION 3. In codifying the new sections added by section 2 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 does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Conservation; Department of Land and Natural Resources; Sandalwood; Penalties; Fees

 

Description:

Prohibits the sale, export, and possession with intent to sell or export raw or unprocessed sandalwood timber, including whole or partial raw logs. Establishes penalties for the sale, export, or possession with the intent to sell or export raw or unprocessed sandalwood timber and establishes a violation as a misdemeanor.

 

 

 

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