Bill Text: HI HR73 | 2013 | Regular Session | Amended

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Bill Title: Critical Habitat Designation; United States Department of the Interior; Fish and Wildlife Service; County of Maui

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-04-04 - Resolution adopted in final form. [HR73 Detail]

Download: Hawaii-2013-HR73-Amended.html

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STAND. COM. REP. NO.  1260

 

Honolulu, Hawaii

                , 2013

 

RE:   H.R. No. 73

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Energy & Environmental Protection, to which was referred H.R. No. 73 entitled:

 

"HOUSE RESOLUTION REQUESTING THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO WORK WITH AFFECTED PERSONS AND COUNTIES TO ESTABLISH REASONABLE CRITICAL HABITAT DESIGNATIONS FOR ENDANGERED SPECIES IN THE STATE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to request the United States Department of the Interior Fish and Wildlife Service to work with affected persons and counties to establish reasonable Critical Habitat Designations for endangered species in the State.

 

     The Department of Land and Natural Resources, three individual members of the Maui County Council, Alexander & Baldwin, 4 Ag Hawaii, Hawaii Farm Bureau Federation, Hawaii Aquaculture and Aquaponic Association, and a few individuals provided testimony in support of this measure.  The Center for Biological Diversity and an individual provided testimony in opposition to this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Amending its title to read:  "REQUESTING THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO WORK WITH AFFECTED PERSONS AND COUNTIES IN ESTABLISHING CRITICAL HABITAT DESIGNATIONS FOR ENDANGERED SPECIES IN THE STATE";

 

     (2)  Amending its contents to request that the United States Fish and Wildlife Service work with affected persons and counties in establishing critical habitat designations for endangered species in the State;

 

     (3)  Deleting provisions stating that the proposed designation of land in Maui County for Critical Habitat Designation is overly broad and may constitute a taking of land without compensation;

 

     (4)  Deleting provisions suggesting that an environmental impact statement should be considered before the proposed Critical Habitat Designation is finalized;

 

     (5)  Deleting provisions that projected potentially adverse impacts on landowners from the proposed Critical Habitat Designation;

 

     (6)  Specifying the Legislature's concern that the proposed Critical Habitat Designation may hurt the relationship between the county and the federal government; and

 

     (7)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     Your Committee notes that concerns were raised that this measure will affect Maui County farmers and ranchers who currently depend on federal funds for their operations or who may seek federal funds in the future.

 

     Your Committee respectfully requests that your Committee on Water & Land consider further amendments to this measure to urge the United States Fish and Wildlife Service to reopen its consultation on this matter with the counties and affected residents.

 

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 73, as amended herein, and recommends that it be referred to the Committee on Water & Land in the form attached hereto as H.R. No. 73, H.D. 1.

 

 

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

 

 

		____________________________ CHRIS LEE, Chair