Biological Diversity Policy

Hawaii does not have a formal biodiversity policy. However, the state has several related policies. The legislature made a formal declaration to protect and preserve the state's unique natural assets. (Haw. Rev. Stat. 195-1) Pursuant to this declaration, a natural areas reserves system was established. An instream flow statute recognizes the value of water flows to protect several resources, including fish and wildlife and the natural environment. (Haw. Rev. Stat. 174C-71)

Status of Biodiversity Science

Hawaii does not have a coordinated assessment system in place. A statewide assessment system, established by statute, covers mainly threatened and endangered animals. In addition, the state relies on its Natural Heritage Database and other species-specific state databases. GAP was scheduled to begin in 1995 but has been held up due to funding problems. Monitoring is undertaken on state and federal lands, as well as some private lands.

Endangered Species

Hawaii has an endangered species law that covers plants and animals. (Haw. Rev. Stat. 195D et seq.) Listing is based on scientific and commercial data. Although the law requires recovery plans, no critical habitat designation or agency consultation requirement exists. Recovery plans focus on individual species. Penalties include misdemeanor citations, fines up to $1,000, permit suspension and jail up to one year. Efforts are currently underway to develop an incidental take process that would provide additional flexibility, funding sources and a habitat conservation planning process.

State Agency Management for Biodiversity

State-owned Lands

Some state natural resource agencies plan and manage their lands in a biologically sustainable manner. For example, the state has management plans for its natural area reserves. In addition, the state has a coastal zone management program designed to protect and preserve the state's coastal ecosystems. (Haw. Rev. Stat. 205A-2)

Cooperative Efforts

State agencies engage in cooperative land management efforts with private landowners, federal agencies and other state agencies. (Haw. Rev. Stat. 195D-5, 195-6.5) An example includes cooperative agreements between private landowners and the Division of Land Management to conserve land from clearing, cropping and drainage.

State Agency Training

Hawaii does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

Hawaii has a "little NEPA" that requires assessment of agency impacts on biological resources. The State Environmental Impact Statement Law includes a requirement to develop alternatives to minimize or mitigate adverse impacts on biodiversity. (Haw. Rev. Stat. 343 et seq.)

Habitat Acquisition

Hawaii has several programs designed to acquire lands important because of their wildlife values. A general land acquisition fund exists within the Department of Land and Natural Resources to purchase wildlife habitat. (Haw. Rev. Stat. 195-9(a); 195-9(b)) In addition, the state operates a Heritage Program, and a Natural Areas Partnership Program. The Natural Areas program uses state funds on a two-for-one basis with private funds. (Haw. Rev. Stat. 195-6.5(a)) Specific funding information was not available.

Private Land Conservation

Hawaii has a variety of private land conservation programs. For example, conservation easements are authorized by statute. (Haw. Rev. Stat. 198-1) The Natural Areas Partnership Program cooperates with private landowners to conserve natural areas. (Haw. Rev. Stat. 195-6.5(a), 195-6.5(b)(1), 195-6.5(b)(1)(B)) The Forest Stewardship program works with landowners to protect forest resources. A statutory tax incentive enables any person to turn over management of forest or water reserve lands to the state in exchange for relief from all property taxes. (Haw. Rev. Stat. 183-15)

Exotic Species

Hawaii has some strong statutes to control the introduction and spread of exotic species. The Department of Agriculture regulates animal and plant exotic species, requiring a permit for the importation of any species. Furthermore, the release of any exotic species into island waters is prohibited without a permit. Violations constitute a petty misdemeanor. (Haw. Rev. Stat. 187A-6.5(c)) A list of allowed exotic species is promulgated by regulation. Deliberate introductions of aquatic life or wildlife by the Department of Land and Natural Resources are also restricted, and require a thorough evaluation process before the introduction can occur.

Predator or Animal Damage Control Activities

Hawaii has an animal damage control program that is operated primarily by the federal government, with the state having primarily a financial role.

Additional Legal Protections for Biodiversity

The state constitution requires the protection of the state's natural resources, providing that all public natural resources are held in trust by the state for the benefit of the people. (Haw. Const. art. XI, 1)

The state constitution gives citizens the right to sue for violation of laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources (Haw. Const. art. XI, 9)

Related Issues

Hawaii participates in Project WILD and is expected to publish a wildlife viewing guide in 1997.

Hawaii's population growth and land resources guidelines encourage urban growth in existing areas to preserve greenbelts and critical environmental areas. (Haw. Rev. Stat. 226-104(b)(1), 226-104(b)(1)-(13))

Hawaii does not currently have a takings law. However, companion bills requiring assessment and compensation will be carried over into the 1996 legislative session.

Contacts:

Department of Agriculture
P.O. Box 22159
Honolulu, HI 96823-2159
808-586-l500

Department of Land and Natural Resources
Box 621
Honolulu, HI 96809
808-587-0400

Hawaii ADC State Director
720 O'Leary Street NW
Olympia, WA 98502
360-753-9884