Bill Text: HI SCR145 | 2014 | Regular Session | Amended
Bill Title: DLNR; Conservation Lead
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2014-06-05 - Certified copies of resolutions sent, 06-04-14. [SCR145 Detail]
Download: Hawaii-2014-SCR145-Amended.html
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THE SENATE |
S.C.R. NO. |
145 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO AFFIRM ITS COMMITMENT TO MAKE THE STATE THE LEAD IN THE CONSERVATION, MANAGEMENT, AND PROTECTION OF HAWAII'S NATURAL RESOURCES AND TO RESIST EFFORTS BY THE FEDERAL GOVERNMENT TO EXPAND FEDERAL JURISDICTION OVER HAWAII'S NATURAL RESOURCES IN THE DESIGNATION OF CRITICAL HABITATS, EXPANSION OF CURRENT CO-MANAGER RELATIONSHIPS, OR THE CREATION OF NEW CO-MANAGER RELATIONSHIPS.
WHEREAS, the natural beauty of Hawaii and its unique ecology are some of the State's main resources; and
WHEREAS, the natural resources of our islands are the physical features of our unique mid-oceanic environment, such as the land and soils, geologic features, lava and geothermal steam, clean water, wind and air, sunshine and tropical climate, flora and fauna, deep ocean waters, and the shoreline; and
WHEREAS, Hawaii is the endangered species capital of the world, with more endangered species per square mile than any other place on the planet; and
WHEREAS, among the most significant of Hawaii's natural resources are the upland rainforests, which are the watersheds that feed underground water systems that are tapped via wells to provide the freshwater essential for all life and the streams, forests, brush, and grasslands that support valuable and irreplaceable natural ecosystems of endemic plants, fish, and wildlife found nowhere else on Earth; and
WHEREAS, the oceans and submerged lands surrounding the Hawaiian islands are home to more than 7,000 marine life forms, a quarter of which are found nowhere else on Earth; and
WHEREAS, the near shore marine ecosystems:
(1) Support some of the nation's most endangered marine species, including monk seals and sea turtles;
(2) Support rich fisheries that provide an important source of food for Hawaii's people; and
(3) Provide a deep connection to the traditional culture of native Hawaiians; and
WHEREAS, article XI, section 1, of the Hawaii State Constitution provides:
"For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.
All public natural resources are held in trust by the State for the benefit of the people."; and
WHEREAS, the state agency primarily responsible for conservation and protection of Hawaii's natural resources is the Department of Land and Natural Resources; and
WHEREAS, the mission of the Department of Land and Natural Resources is to enhance, protect, conserve, and manage Hawaii's unique and limited natural, cultural, and historic resources held in public trust for current and future generations of the people of Hawaii and its visitors, in partnership with others from the public and private sectors; and
WHEREAS, the Department of Land and Natural Resources is responsible for managing, administering, and exercising control over public lands, water resources, certain ocean waters, navigable streams, coastal areas (except commercial harbors), minerals, and all interests therein; and
WHEREAS, the Department's jurisdiction encompasses nearly 1,300,000 acres of state lands, beaches, and coastal waters as well as seven hundred fifty miles of coastline, including state parks, historical sites, forests and forest reserves, aquatic life and its sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife and its sanctuaries, game management areas, public hunting areas, and natural area reserves; and
WHEREAS, the federal government has similar responsibilities to protect the environment and natural resources of the nation; and
WHEREAS, the federal government fulfills its responsibilities through regulatory schemes and actions for the protection of natural resources that the states are obligated to follow, such as the Clean Water Act, Endangered Species Act, and the designation of critical habitats; and
WHEREAS, the federal government also fulfills its responsibilities by partnering with the states for the protection of areas and resources within each state's jurisdiction, such as the establishment of the Papahānaumokuākea Marine National Monument and the Hawaiian Islands Humpback Whale National Marine Sanctuary, both of which are under joint federal and state management; and
WHEREAS, the State has already enacted its own robust set of laws for the protection of Hawaii's unique natural resources; and
WHEREAS, the State has established that it is capable of protecting Hawaii's natural resources through enforcement of laws and rules relating to illegal activity within the conservation district and vessel groundings that resulted in coral damage; and
WHEREAS, law enforcement actions have resulted in millions of dollars in assessed fines or collection of damages; and
WHEREAS, the co-management relationship for jointly managed resources is codified in federal law, and the State is bound to act consistently with that federal law because federal law takes precedence over state law; however, this body finds that the State should be the lead in the conservation, management, and protection of Hawaii's natural resources and, as much as possible, Hawaii's laws should be the primary laws used for the conservation, management, and protection of Hawaii's natural resources; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to:
(1) Affirm its commitment to make the State the lead in the conservation, management, and protection of Hawaii's natural resources; and
(2) Resist efforts by the federal government to expand federal jurisdiction over Hawaii's natural resources in the designation of critical habitats, expansion of current co-manager relationships, or the creation of new co-manager relationships; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and Administrator of the National Oceanic and Atmospheric Administration.
DLNR; Conservation Lead
