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SB2988
THE SENATE
S.B. NO.
2988
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to habitat conservation plans
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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Chapter 195D, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
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�195D-
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Golf course operators.
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Any
operator of a golf course in the State shall consult with the department to
apply for an incidental take license and enter into a habitat conservation
plan.
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SECTION
2
.
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Section 195D-21, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
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(b)(1)
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Except
as otherwise provided by law, the board, upon recommendation from the
department, in cooperation with other state, federal, county, or private
organizations and landowners, after a public hearing on the island affected,
and upon an affirmative vote of no less than two-thirds of its authorized
membership, may enter into a habitat conservation plan, if it determines that:
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(A)
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The plan will
further the purposes of this chapter by protecting, maintaining, restoring, or
enhancing identified ecosystems, natural communities, or habitat types upon
which endangered, threatened, proposed, or candidate species depend within the
area covered by the plan;
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(B)
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The plan will increase
the likelihood of recovery of the endangered or threatened species that are the
focus of the plan; and
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(C)
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The plan satisfies
all the requirements of this chapter.
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In the event the board votes to enter into a
habitat conservation plan for which the majority of the endangered species
recovery committee recommended disapproval, the board may not enter into the
habitat conservation plan unless the plan is approved by a two-thirds majority
vote of both houses of the legislature.
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Habitat conservation plans may allow conservation rental agreements,
habitat banking, and direct payments.
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Any habitat conservation plan approved pursuant to this section shall be
based on the best available scientific and other reliable data available at the
time the plan is approved.
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(2)
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Each habitat conservation plan shall:
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(A)
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Identify
the geographic area encompassed by the plan; the ecosystems, natural
communities, or habitat types within the plan area that are the focus of the
plan; and the endangered, threatened, proposed, and candidate species known or
reasonably expected to be present in those ecosystems, natural communities, or
habitat types in the plan area;
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(B)
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Describe the
activities contemplated to be undertaken within the plan area with sufficient
detail to allow the department to evaluate the impact of the activities on the
particular ecosystems, natural communities, or habitat types within the plan
area that are the focus of the plan;
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(C)
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Identify the steps
that will be taken to minimize and mitigate all negative impacts, including
without limitation the impact of any authorized incidental take, with
consideration of the full range of the species on the island so that cumulative
impacts associated with the take can be adequately assessed; and the funding
that will be available to implement those steps;
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(D)
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Identify those
measures or actions to be undertaken to protect, maintain, restore, or enhance
the ecosystems, natural communities, or habitat types within the plan area; a
schedule for implementation of the measures or actions; and an adequate funding
source to ensure that the actions or measures, including monitoring, are
undertaken in accordance with the schedule;
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(E)
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Be consistent with
the goals and objectives of any approved recovery plan for any endangered
species or threatened species known or reasonably expected to occur in the
ecosystems, natural communities, or habitat types in the plan area;
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(F)
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Provide reasonable
certainty that the ecosystems, natural communities, or habitat types will be
maintained in the plan area, throughout the life of the plan, in sufficient
quality, distribution, and extent to support within the plan area those species
typically associated with the ecosystems, natural communities, or habitat
types, including any endangered, threatened, proposed, and candidate species
known or reasonably expected to be present in the ecosystems, natural
communities, or habitat types within the plan area;
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(G)
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Include an
agreement to enter into and maintain an annual service contract with a stand-by
and response facility available to provide emergency medical and rehabilitation
services to native wildlife affected by activities undertaken within the plan
area;
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(H)
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Contain
objective, measurable goals, the achievement of which will contribute
significantly to the protection, maintenance, restoration, or enhancement of
the ecosystems, natural communities, or habitat types; time frames within which
the goals are to be achieved; provisions for monitoring (such as field sampling
techniques), including periodic monitoring by representatives of the department
or the endangered species recovery committee, or both; and provisions for
evaluating progress in achieving the goals quantitatively and qualitatively;
and
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(I)
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Provide
for an adaptive management strategy that specifies the actions to be taken
periodically if the plan is not achieving its goals[
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]
;
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provided
that any habitat conservation plan in effect as of the effective date of Act ,
Session Laws of Hawaii 2026, that does not include the agreement required under
subparagraph (G) shall be amended to include the agreement, and the amended
rights and obligations under the habitat conservation plan shall be recorded by
the department no later than
.
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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Golf
Course Operators; Incidental Take Licenses; Habitat Conservation Plans;
Emergency Medical and Rehabilitation Services Agreement
Description:
Requires
any operator of a golf course in the State to consult with the Department of
Land and Natural Resources to apply for an incidental take license and enter
into a habitat conservation plan.
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Requires
any existing habitat conservation plan that does not
include an agreement for emergency medical and rehabilitation services to
affected native wildlife to be amended to include the agreement, and the
amended rights and obligations under the habitat conservation plan to be
recorded
by a certain
deadline.
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