THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII
A BILL FOR AN ACT
relating to CONSERVATION.
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 195D-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) (1) Except
as otherwise provided by law, the board, upon recommendation from the
department, in cooperation with other state, federal, county, or private organizations
and landowners, after a public hearing on the island affected, and upon an
affirmative vote of not less than two-thirds of its authorized membership, may
enter into a habitat conservation plan, if it determines that:
(A) The plan will further the purposes of this chapter by protecting, maintaining, restoring, or enhancing identified ecosystems, natural communities, or habitat types upon which endangered, threatened, proposed, or candidate species depend within the area covered by the plan;
(B) The plan will increase the likelihood of recovery of the endangered or threatened species that are the focus of the plan; and
(C) The plan satisfies all the requirements of this chapter.
In the event the board votes to enter into a habitat
conservation plan for which the majority of the endangered species recovery
committee recommended disapproval, the board may not enter into the habitat
conservation plan unless the plan is approved by a two-thirds majority vote of
both houses of the legislature. Habitat
conservation plans may allow conservation rental agreements, habitat banking,
and direct payments. Any habitat
conservation plan approved pursuant to this section shall be based on the best
available scientific and other reliable data available at the time the plan is
(2) Each habitat
conservation plan shall:
(A) Identify the geographic area encompassed by the plan; the ecosystems, natural communities, or habitat types within the plan area that are the focus of the plan; and the endangered, threatened, proposed, and candidate species known or reasonably expected to be present in those ecosystems, natural communities, or habitat types in the plan area;
(B) Describe the activities contemplated to be undertaken within the plan area with sufficient detail to allow the department to evaluate the impact of the activities on the particular ecosystems, natural communities, or habitat types within the plan area that are the focus of the plan;
(C) Identify the steps that will be taken to
minimize and mitigate all negative impacts, including without limitation the
impact of any authorized incidental take, with consideration of the full range
of the species on the island so that cumulative impacts associated with the
take can be adequately assessed; and the funding that will be available to implement
;], including funding from the habitat conservation plan and
incidental take license applicant in an amount sufficient to cover all costs of
transporting, treating, rehabilitating, and reintroducing into its original habitat
any endangered, threatened, proposed, and candidate species injured as a result
of an authorized incidental take;
(D) Identify those measures or actions to be undertaken to protect, maintain, restore, or enhance the ecosystems, natural communities, or habitat types within the plan area; a schedule for implementation of the measures or actions; and an adequate funding source to ensure that the actions or measures, including monitoring, are undertaken in accordance with the schedule;
(E) Be consistent with the goals and objectives of any approved recovery plan for any endangered species or threatened species known or reasonably expected to occur in the ecosystems, natural communities, or habitat types in the plan area;
(F) Provide reasonable certainty that the ecosystems, natural communities, or habitat types will be maintained in the plan area, throughout the life of the plan, in sufficient quality, distribution, and extent to support within the plan area those species typically associated with the ecosystems, natural communities, or habitat types, including any endangered, threatened, proposed, and candidate species known or reasonably expected to be present in the ecosystems, natural communities, or habitat types within the plan area;
(G) Contain objective, measurable goals, the achievement of which will contribute significantly to the protection, maintenance, restoration, or enhancement of the ecosystems, natural communities, or habitat types; time frames within which the goals are to be achieved; provisions for monitoring (such as field sampling techniques), including periodic monitoring by representatives of the department or the endangered species recovery committee, or both; and provisions for evaluating progress in achieving the goals quantitatively and qualitatively; and
(H) Provide for an adaptive management strategy that specifies the actions to be taken periodically if the plan is not achieving its goals."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Species Conservation; Habitat Conservation Plans; Incidental Take Licenses; Requirement; Funding; Rehabilitation
Requires habitat conservation plans to identify available funding from the applicants in an amount sufficient to transport, treat, rehabilitate, and reintroduce into its original habitat any endangered, threatened, proposed, or candidate species injured as a result of an authorized incidental take.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.