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HI HB2371
Bill
Status
1/25/2012
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Expands citizen suit provisions in Hawaii's endangered and threatened species law to allow private individuals to sue any person (including state and county agencies) for violations of the statute, adopted rules, habitat conservation plans, or safe harbor agreements.
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Requires 60 days written notice to the department and alleged violator before a citizen suit can be filed, except in emergencies posing significant risk to fish, wildlife, or plant species.
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Authorizes courts to award litigation costs, including reasonable attorney's and expert witness fees, to any party when the court determines such an award is appropriate.
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Repeals the prohibition that prevented approval or issuance of new safe harbor agreements, habitat conservation plans, and incidental take licenses after July 1, 2012, allowing such agreements to continue being issued.
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Allows suits to be brought in the judicial circuit where the alleged violation occurred or is occurring, with the state attorney general permitted to intervene on behalf of the state if requested by the department.
Legislative Description
Conservation of Wildlife; Citizen Suits
Last Action
(H) The committee(s) on WLO recommend(s) that the measure be deferred.
2/13/2012