Hawaii 2022 Regular Session

Hawaii House Bill HB1988 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SENATE FLOOR AMENDMENT FLOOR AMENDMENT NO~~. ~~Date TO: House Bill No. 1988, H.D. 2, S.D. 2 SECTION 1. House Bill No. 1988, H.D. 2, S.D. 2, section 2, is amended~~ by ~~amending page 1, line 16 through page 2, line 3 to read as follows: "§187A- Sale, import, harvest, or export~~ of ~~coral products; prohibited. (a) It shall be unlawful for any person to import into, export from, sell in, harvest from, or offer for sale in~~ the State ~~any coral product; provided that the coral product is an endangered species or species native to~~ Hawaii~~." Offered by~~: ~~( ) Carried ( ) Failed to Carry ( ) Withdrawn~~
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 1988 THIRTY-FIRST LEGISLATURE, 2022 H.D. 2 STATE OF HAWAII S.D. 2 A BILL FOR AN ACT RELATING TO CORAL. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3		-	SENATE FLOOR AMENDMENT
	3	+	HOUSE OF REPRESENTATIVES H.B. NO. 1988
	4	+	THIRTY-FIRST LEGISLATURE, 2022 H.D. 2
	5	+	STATE OF HAWAII S.D. 2
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	7	+	HOUSE OF REPRESENTATIVES
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	9	+	H.B. NO.
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	11	+	1988
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	13	+	THIRTY-FIRST LEGISLATURE, 2022
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9		-	~~FLOOR AMENDMENT NO~~. ~~Date~~
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	17	+	STATE OF HAWAII
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13		-	## TO: House Bill No. 1988, H.D. 2, S.D. 2
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17		-	SECTION 1. House Bill No. 1988, H.D. 2, S.D. 2, section 2, is amended by amending page 1, line 16 through page 2, line 3 to read as follows:
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21		-	"§187A- Sale, import, harvest, or export of coral products; prohibited. (a) It shall be unlawful for any person to import into, export from, sell in, harvest from, or offer for sale in the State any coral product; provided that the coral product is an endangered species or species native to Hawaii."
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	31	+	A BILL FOR AN ACT
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	37	+	RELATING TO CORAL.
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	43	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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	47	+	SECTION 1. The legislature finds that the commercial use of coral contributes to the decline and degradation of the State's coral reefs. The import and export of coral for jewelry, curios, and other products lead to overharvesting and risks damage to vulnerable reef ecosystems. The legislature recognizes that while stony corals are legally protected in Hawaii, the sale, import, and export of coral jewelry in the State still threaten coral reefs and reef ecosystems in Hawaii and other parts of the world. Accordingly, the purpose of this Act is to prohibit the sale, import, harvest, or export of coral products, with certain exceptions. SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§187A- Sale, import, harvest, or export of coral products; prohibited. (a) It shall be unlawful for any person to import into, export from, sell in, harvest from, or offer for sale in the State any coral product; provided that the coral product is an endangered species native to Hawaii. (b) This section shall not apply to: (1) The import into, export from, sale in, or offer for sale in the State of any coral product for the purposes of: (A) Research or scientific identification by an accredited museum or university; (B) Rehabilitation or restoration of historic and culturally significant Hawaiian sites; (C) Performance and exercise of native Hawaiian cultural practices and sacraments; (D) Use as limestone or construction materials, cosmetics, or medicines; or (E) Education; (2) The harvest of coral products pursuant to a special activity permit for non-commercial harvesting purposes; and (3) Coral products expressly authorized by federal law or federal permit. (c) As used in this section: "Coral" means a species of the phylum Cnidaria, including: (1) All species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyonacea (soft corals), and Coenothecalia (blue coral) of the class Anthozoa; and (2) All species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa; provided that "coral" does not include jellyfish or man o' war. "Coral product" means any product, including curios, jewelry, and other novel commercial products, that is made from dead coral or coral skeleton." SECTION 3. No later than December 31, 2024, the department of land and natural resources shall amend its administrative rules in accordance with chapter 91, Hawaii Revised Statutes, to comply with the provisions of 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. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2022.
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	49	+	SECTION 1. The legislature finds that the commercial use of coral contributes to the decline and degradation of the State's coral reefs. The import and export of coral for jewelry, curios, and other products lead to overharvesting and risks damage to vulnerable reef ecosystems. The legislature recognizes that while stony corals are legally protected in Hawaii, the sale, import, and export of coral jewelry in the State still threaten coral reefs and reef ecosystems in Hawaii and other parts of the world.
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	51	+	Accordingly, the purpose of this Act is to prohibit the sale, import, harvest, or export of coral products, with certain exceptions.
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	53	+	SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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	55	+	"§187A- Sale, import, harvest, or export of coral products; prohibited. (a) It shall be unlawful for any person to import into, export from, sell in, harvest from, or offer for sale in the State any coral product; provided that the coral product is an endangered species native to Hawaii.
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	57	+	(b) This section shall not apply to:
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	59	+	(1) The import into, export from, sale in, or offer for sale in the State of any coral product for the purposes of:
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	61	+	(A) Research or scientific identification by an accredited museum or university;
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	63	+	(B) Rehabilitation or restoration of historic and culturally significant Hawaiian sites;
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	65	+	(C) Performance and exercise of native Hawaiian cultural practices and sacraments;
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	67	+	(D) Use as limestone or construction materials, cosmetics, or medicines; or
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	69	+	(E) Education;
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	71	+	(2) The harvest of coral products pursuant to a special activity permit for non-commercial harvesting purposes; and
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	73	+	(3) Coral products expressly authorized by federal law or federal permit.
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	75	+	(c) As used in this section:
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	77	+	"Coral" means a species of the phylum Cnidaria, including:
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	79	+	(1) All species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyonacea (soft corals), and Coenothecalia (blue coral) of the class Anthozoa; and
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	81	+	(2) All species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa;
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	83	+	provided that "coral" does not include jellyfish or man o' war.
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	85	+	"Coral product" means any product, including curios, jewelry, and other novel commercial products, that is made from dead coral or coral skeleton."
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	87	+	SECTION 3. No later than December 31, 2024, the department of land and natural resources shall amend its administrative rules in accordance with chapter 91, Hawaii Revised Statutes, to comply with the provisions of this Act.
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	89	+	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.
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	91	+	SECTION 5. New statutory material is underscored.
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	93	+	SECTION 6. This Act shall take effect on July 1, 2022.
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	95	+	Report Title: Department of Land and Natural Resources; Coral Products; Coral Skeletons; Sale; Import; Export; Prohibition Description: Prohibits the sale, import, harvest, or export of certain coral products, with certain exceptions. Requires the Department of Land and Natural Resources to amend its administrative rules accordingly no later than 12/31/2024. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	101	+	Report Title:
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	103	+	Department of Land and Natural Resources; Coral Products; Coral Skeletons; Sale; Import; Export; Prohibition
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	107	+	Description:
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	109	+	Prohibits the sale, import, harvest, or export of certain coral products, with certain exceptions. Requires the Department of Land and Natural Resources to amend its administrative rules accordingly no later than 12/31/2024. (SD2)
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	117	+	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.