SB 849: Conservation; Io; Hawaiian Hawk; Aquatic Life; Wildlife; Land Plants; Indigenous Species; Native Ecosystems; Penalties

A BILL FOR AN ACT

RELATING TO WILDLIFE CONSERVATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is home to a rich diversity of indigenous species of aquatic life, wildlife, and land plants that are vital to maintaining ecological balance and preserving the cultural heritage of the region.

     The legislature further finds that many of these native species face significant threats from overexploitation, habitat destruction, and climate change, which require immediate and enhanced protective measures to ensure their long-term survival.

     The legislature recognizes the ʻio, or Hawaiian hawk, as an indigenous species of note, serving as a symbol of strength and resilience in Hawaiian culture and playing a vital role in Hawaiʻi's unique ecosystem as a native raptor.  As an apex predator, the ʻio helps maintain ecological balance, controlling populations of rodents and other invasive species that threaten native flora and fauna.  However, the ʻio faces ongoing threats from habitat loss, illegal hunting, and environmental degradation.

     The legislature declares that the unauthorized taking and killing of indigenous species such as the ʻio not only disrupts ecological systems but also undermines ongoing conservation efforts and risks the loss of irreplaceable biodiversity.  Therefore, penalties for harming or endangering indigenous species, including the ʻio, are crucial to deterring these harmful actions to restore Hawaiʻi's fragile ecosystems for future generations.

     However, the legislature believes that the current penalties for violations involving native species do not adequately deter harmful activities.  Strengthening these penalties, including the imposition of significant fines and the classification of certain offenses as class C felonies, will provide stronger enforcement tools for the State to protect these critical species.

     Accordingly, the purpose of this Act is to:

     (1)  Prohibit and impose penalties for intentionally taking, harming, or killing ʻio; and

     (2)  Increase penalties and fees for taking and killing species of aquatic life, wildlife, and land plants that are native to the State.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§195D-     Taking, harming, or killing a Hawaiian hawk; prohibited.  Except as otherwise provided in section 183D-62, the intentional taking, harming, or killing of an ʻio, or Hawaiian hawk (Buteo solitarius), shall be subject to penalties under section 195D-9."

     SECTION 3.  Section 195D-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any person who violates any of the provisions of this chapter [[]or[]] the provisions of any rule adopted [hereunder] pursuant to this chapter shall be guilty of [a misdemeanor and shall be punished as follows]:

     (1)  [For] A misdemeanor for a first offense, punishable by a fine of [not] no less than $250 or by imprisonment of [not] no more than one year, or both; and

     (2)  [For] A class C felony for a second or subsequent offense [within five years of a previous conviction by a] and upon conviction shall be subject to one or any combination of the following:

          (A)  A fine of [not] no less than [$500 or by imprisonment] $1,000;

          (B)  Imprisonment of [not] no more than [one year, or both.] two years; or

          (C)  Rehabilitative community service."

     2.  By amending subsections (d) and (e) to read:

     "(d)  Except as otherwise provided by law, the board or its authorized representative by proper delegation [is authorized to] may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  The administrative fines shall be as follows:

     (1)  For a first violation, a fine of [not more than $2,500,] no less than $2,500 and no more than $5,000 or rehabilitative community service, or both;

     (2)  For a second violation [within five years of a previous violation], a fine of [not more than $5,000;] no less than $5,000 and no more than $10,000 or rehabilitative community service, or both; and

     (3)  For a third or subsequent violation [within five years of the last violation], a fine of [not more than $10,000.] no less than $10,000 and no more than $20,000 or rehabilitative community service, or both.

     (e)  In addition, an administrative fine of up to [$5,000] $10,000 or rehabilitative community service, or both, may be levied for each specimen of wildlife or plant taken, killed, injured, or damaged in violation of this chapter or any rule adopted thereunder."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Conservation; Io; Hawaiian Hawk; Aquatic Life; Wildlife; Land Plants; Indigenous Species; Native Ecosystems; Penalties

Description:

Prohibits and imposes penalties for the intentional taking, harming, or killing of ʻIo (Hawaiian hawk).  Increases penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO WILDLIFE CONSERVATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is home to a rich diversity of indigenous species of aquatic life, wildlife, and land plants that are vital to maintaining ecological balance and preserving the cultural heritage of the region.

     The legislature further finds that many of these native species face significant threats from overexploitation, habitat destruction, and climate change, which require immediate and enhanced protective measures to ensure their long-term survival.

     The legislature recognizes the ʻio, or Hawaiian hawk, as an indigenous species of note, serving as a symbol of strength and resilience in Hawaiian culture and playing a vital role in Hawaiʻi's unique ecosystem as a native raptor.  As an apex predator, the ʻio helps maintain ecological balance, controlling populations of rodents and other invasive species that threaten native flora and fauna.  However, the ʻio faces ongoing threats from habitat loss, illegal hunting, and environmental degradation.

     The legislature declares that the unauthorized taking and killing of indigenous species such as the ʻio not only disrupts ecological systems but also undermines ongoing conservation efforts and risks the loss of irreplaceable biodiversity.  Therefore, penalties for harming or endangering indigenous species, including the ʻio, are crucial to deterring these harmful actions to restore Hawaiʻi's fragile ecosystems for future generations.

     However, the legislature believes that the current penalties for violations involving native species do not adequately deter harmful activities.  Strengthening these penalties, including the imposition of significant fines and the classification of certain offenses as class C felonies, will provide stronger enforcement tools for the State to protect these critical species.

     Accordingly, the purpose of this Act is to:

     (1)  Prohibit and impose penalties for intentionally taking, harming, or killing ʻio; and

     (2)  Increase penalties and fees for taking and killing species of aquatic life, wildlife, and land plants that are native to the State.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§195D-     Taking, harming, or killing a Hawaiian hawk; prohibited.  The intentional taking, harming, or killing of an ʻio, or Hawaiian hawk (buteo solitarius), shall be subject to penalties under section 195D-9."

     SECTION 3.  Section 195D-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any person who violates any of the provisions of this chapter [[]or[]] the provisions of any rule adopted [hereunder] pursuant to this chapter shall be guilty of [a misdemeanor and shall be punished as follows]:

     (1)  [For] A misdemeanor for a first offense, punishable by a fine of [not] no less than $250 or by imprisonment of [not] no more than one year, or both; and

     (2)  [For] A class C felony for a second or subsequent offense [within five years of a previous conviction by a] and upon conviction shall be subject to one or any combination of the following:

          (A)  A fine of [not] no less than [$500 or by imprisonment] $1,000;

          (B)  Imprisonment of [not] no more than [one year, or both.] two years; or

          (C)  Rehabilitative community service."

     2.  By amending subsections (d) and (e) to read:

     "(d)  Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  The administrative fines shall be as follows:

     (1)  For a first violation, a fine of [not more than $2,500] no less than $2,500 and no more than $5,000 or rehabilitative community service, or both;

     (2)  For a second violation [within five years of a previous violation], a fine of [not more than $5,000;] no less than $5,000 and no more than $10,000 or rehabilitative community service, or both; and

     (3)  For a third or subsequent violation [within five years of the last violation], a fine of [not more than $10,000.] no less than $10,000 and no more than $20,000 or rehabilitative community service, or both.

     (e)  In addition, an administrative fine of up to [$5,000] $10,000 or rehabilitative community service, or both, may be levied for each specimen of wildlife or plant taken, killed, injured, or damaged in violation of this chapter or any rule adopted thereunder."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Conservation; Aquatic Life; Wildlife; Land Plants; Indigenous Species; Native Ecosystems; Io; Hawaiian Hawk; Penalties

Description:

Prohibits and imposes penalties for the intentional taking, harming, or killing of ʻIo (Hawaiian hawk).  Increases penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO WILDLIFE CONSERVATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is home to a rich diversity of indigenous species of aquatic life, wildlife, and land plants that are vital to maintaining ecological balance and preserving the cultural heritage of the region.

     The legislature further finds that many of these native species face significant threats from overexploitation, habitat destruction, and climate change, which require immediate and enhanced protective measures to ensure their long-term survival.

     The legislature recognizes the ʻio, or Hawaiian hawk, as an indigenous species of note, serving as a symbol of strength and resilience in Hawaiian culture and playing a vital role in Hawaiʻi's unique ecosystem as a native raptor.  As an apex predator, the ʻio helps maintain ecological balance, controlling populations of rodents and other invasive species that threaten native flora and fauna.  However, the ʻio faces ongoing threats from habitat loss, illegal hunting, and environmental degradation.

     The legislature declares that the unauthorized taking and killing of indigenous species such as the ʻio not only disrupts ecological systems but also undermines ongoing conservation efforts and risks the loss of irreplaceable biodiversity.  Therefore, penalties for harming or endangering indigenous species, including the ʻio, are crucial to deterring these harmful actions to restore Hawaiʻi's fragile ecosystems for future generations.

     However, the legislature believes that the current penalties for violations involving native species do not adequately deter harmful activities.  Strengthening these penalties, including the imposition of significant fines and the classification of certain offenses as class C felonies, will provide stronger enforcement tools for the State to protect these critical species.

     Accordingly, the purpose of this Act is to:

     (1)  Designate the Hawaiian hawk as a protected species under penalties for taking and killing indigenous species; and

     (2)  Increase penalties and fees for taking and killing species of aquatic life, wildlife, and land plants that are native to the State.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§195D-    Hawaiian hawk; protected species.  The intentional taking, harming, or killing of an ʻio, or Hawaiian hawk (buteo solitarius) shall be subject to the penalties under section 195D-9."

     SECTION 3.  Section 195D-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any person who violates any of the provisions of this chapter [[]or[]] the provisions of any rule adopted hereunder shall be guilty of [a misdemeanor and shall be punished as follows]:

     (1)  [For] A misdemeanor for a first offense by a fine of not less than $250 or by imprisonment of not more than one year, or both; and

     (2)  [For] A class C felony for a second or subsequent offense [within five years of a previous conviction by a] and upon conviction shall be subject to one or any combination of the following:

          (A)  A fine of not less than [$500 or by imprisonment] $1,000;

          (B)  Imprisonment of not more than [one year, or both.] two years; or

          (C)  Rehabilitative community service."

     2.  By amending subsections (d) and (e) to read:

     "(d)  Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  The administrative fines shall be as follows:

     (1)  For a first violation, a fine of not [more than $2,500] less than $2,500 and not more than $5,000 or rehabilitative community service, or both;

     (2)  For a second violation [within five years of a previous violation], a fine of not [more than $5,000;] less than $5,000 and not more than $10,000 or rehabilitative community service, or both; and

     (3)  For a third or subsequent violation [within five years of the last violation], a fine of not [more than $10,000.] less than $10,000 and not more than $20,000 or rehabilitative community service, or both.

     (e)  In addition, an administrative fine of up to [$5,000] $10,000 or rehabilitative community service, or both, may be levied for each specimen of wildlife or plant taken, killed, injured, or damaged in violation of this chapter or any rule adopted thereunder."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Conservation; Aquatic Life; Wildlife; Land Plants; Indigenous Species; Native Ecosystems; Io; Hawaiian Hawk; Protected Species; Penalty

Description:

Increases penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.  Designates penalties for the taking, harming, or killing of an Io (Hawaiian hawk). (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO wildlife CONSERVATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is home to a rich diversity of indigenous species of aquatic life, wildlife, and land plants that are vital to maintaining ecological balance and preserving the cultural heritage of the region.

     The legislature further finds that many of these native species face significant threats from overexploitation, habitat destruction, and climate change, which require immediate and enhanced protective measures to ensure their long-term survival.

     The legislature recognizes the ʻio, or Hawaiian hawk, as an indigenous species of note, serving as a symbol of strength and resilience in Hawaiian culture and playing a vital role in Hawaiʻi's unique ecosystem as a native raptor.  As an apex predator, the ʻio helps maintain ecological balance, controlling populations of rodents and other invasive species that threaten native flora and fauna.  However, the ʻio faces ongoing threats from habitat loss, illegal hunting, and environmental degradation.

     The legislature declares that the unauthorized taking and killing of indigenous species such as the ʻio not only disrupts ecological systems but also undermines ongoing conservation efforts and risks the loss of irreplaceable biodiversity.  Therefore, penalties for harming or endangering indigenous species, including the ʻio, are crucial to deterring these harmful actions to restore Hawaiʻi's fragile ecosystems for future generations.

     However, the legislature believes that the current penalties for violations involving the ʻio do not adequately deter harmful activities.  Strengthening these penalties, including the imposition of significant fines and the classification of certain offenses as class C felonies, will provide stronger enforcement tools for the State to protect these critical species.

     Accordingly, the purpose of this Act is to:

     (1)  Designate the Hawaiian hawk as a protected species under penalties for taking and killing indigenous species; and

     (2)  Increase penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§195D-    Hawaiian hawk; protected species.  The intentional taking, harming, or killing of an ʻio, or Hawaiian hawk(buteo solitarius) shall be subject to the penalties under section 195D-9."

     SECTION 3.  Section 195D-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any person who violates any of the provisions of this chapter [[]or[]] the provisions of any rule adopted hereunder shall be guilty of [a misdemeanor and shall be punished as follows]:

     (1)  [For] A misdemeanor for a first offense by a fine of not less than $250 or by imprisonment of not more than one year, or both; and

     (2)  [For] A class C felony for a second or subsequent offense [within five years of a previous conviction by a] and upon conviction shall be subject to one or any combination of the following:

          (A)  A fine of not less than [$500 or by imprisonment] $1,000;

          (B)  Imprisonment of not more than [one year, or both.] two years; or

          (C)  Rehabilitative community service."

     2.  By amending subsections (d) and (e) to read:

     "(d)  Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  The administrative fines shall be as follows:

     (1)  For a first violation, a fine of not [more than $2,500] less than $2,500 and not more than $5,000 or rehabilitative community service, or both;

     (2)  For a second violation [within five years of a previous violation], a fine of not [more than $5,000;] less than $5,000 and not more than $10,000 or rehabilitative community service, or both; and

     (3)  For a third or subsequent violation [within five years of the last violation], a fine of not [more than $10,000.] less than $10,000 and not more than $20,000 or rehabilitative community service, or both.

     (e)  In addition, an administrative fine of up to [$5,000] $10,000 or rehabilitative community service, or both, may be levied for each specimen of wildlife or plant taken, killed, injured, or damaged in violation of this chapter or any rule adopted thereunder."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Conservation; Aquatic Life; Wildlife; Land Plants; Indigenous Species; Native Ecosystems; Io; Hawaiian Hawk; Protected Species; Penalty

Description:

Increases penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.  Designates penalties for the taking, harming, or killing of an Io.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1759

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 849

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 849, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE CONSERVATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit and impose penalties on the intentional taking, harming, or killing of ʻio; and

     (2)  Increase the penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual.

     Your Committee finds that Hawaii is home to a rich diversity of indigenous species of aquatic life, wildlife, and land plants that are important in maintaining ecological balance and preserving the cultural heritage of the region.  Your Committee further finds that the ‘io, or Hawaiian hawk, serves as a symbol of strength and resilience in Hawaiian culture and plays a vital role in Hawaii's unique ecosystem as a native raptor.  However, the ‘io and other native wildlife face ongoing threats from habitat loss, illegal hunting, and environmental degradation.  This measure seeks to strengthen penalties for the taking killing of Hawaii's indigenous species, including ‘io, to deter harmful activity against aquatic life, wildlife, and land plants that are native to Hawaii.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to upon approval; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 849, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 849, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1372

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 849

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred S.B. No. 849, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE CONSERVATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit and impose penalties on the intentional taking, harming, or killing of ‘io; and

     (2)  Increase the penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawai‘i Reef and Ocean Coalition; and three individuals.  

     Your Committee finds that many of the State's native species face significant threats from overexploitation, habitat destruction, and climate change.  Your Committee further finds that the ‘io, or Hawaiian hawk, plays an important role in maintaining ecological balance by controlling populations of rodents and other invasive species that threaten native flora and fauna.  Although the ‘io was removed from the federal Endangered Species Act of 1973 on February 3, 2020, it still faces ongoing threats from habitat loss, illegal hunting, and environmental degradation.  While ʻio are currently listed as endangered birds under Hawaii Administrative Rules, your Committee believes that prohibiting the unauthorized taking and killing of Hawaii's indigenous species will deter the intentional taking of ʻio in the event the Department of Land and Natural Resources delists ʻio in the future.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 849, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 849, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO. 1027

Honolulu, Hawaii

RE:    S.B. No. 849

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 849, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE CONSERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Increase penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State; and

     (2)  Designate penalties for the taking, harming, or killing of an ʻio (Hawaiian hawk).

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, For the Fishes, and fourteen individuals.

     Your Committee finds that the ʻio (Hawaiian hawk) is a native bird species that is presently categorized as endangered.  In 2020, ʻio were delisted from the federal Endangered Species Act of 1973; however, ʻio continue to receive protection from intentional taking under the Migratory Bird Treaty Act.  As the State is home to many native species that are only found in Hawaii, protecting species such as ʻio is of paramount importance to preserving the State's unique biological identity.  Therefore, this measure increases existing penalties for the taking of indigenous species to ensure continued protection and growth of native wildlife.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 849, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 266

Honolulu, Hawaii

RE:    S.B. No. 849

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 849 entitled:

"A BILL FOR AN ACT RELATING TO WILDLIFE CONSERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Increase penalties and fees for taking and killing indigenous species of aquatic life, wildlife, and land plants that are native to the State; and

     (2)  Designate penalties for the taking, harming, or killing of an Io (Hawaiian hawk).

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Animal Rights Hawaiʻi, and one individual.

     Your Committee finds that, pursuant to existing law regarding the conservation of wildlife and plants, not only are all indigenous species integral parts of Hawaii's native ecosystems and comprise the living heritage of the State, but that it is also necessary that the State take positive actions to enhance the prospects of these indigenous species for survival.  Your Committee recognizes that the ʻio (Hawaiian hawk) is an indigenous bird that plays a vital historical and cultural role in Hawaii as a native raptor, maintaining ecological balance by controlling the population of rodents and other invasive species.  According to testimony received by your Committee, this measure provides added protection in the case that the ʻio is removed from the Department of Land and Natural Resources' endangered bird list.  Your Committee also finds that strengthening penalties for violations involving native species, including the ʻio, will deter harmful activity and provide stronger enforcement tools for the State to protect the species of aquatic life, wildlife, and land plants that are native to the State. 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 849, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 849, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,