HOUSE OF REPRESENTATIVES |
H.B. NO. |
1988 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO CORAL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
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.