§195D-1 - Findings and declaration of necessity.

[PART I. GENERAL PROVISIONS]

§195D-1  Findings and declaration ofnecessity.  Since the discovery and settlement of the Hawaiian Islands byhumans, many species of aquatic life, wildlife, and land plants that occurrednaturally only in Hawaii have become extinct and many are threatened withextinction, primarily because of increased human use of the land anddisturbance to native ecosystems.

All indigenous species of aquatic life,wildlife, and land plants are integral parts of Hawaii's native ecosystems andcomprise the living heritage of Hawaii, for they represent a natural resourceof scientific, cultural, educational, environmental, and economic value tofuture generations of Hawaii's people.

To insure the continued perpetuation ofindigenous aquatic life, wildlife, and land plants, and their habitats forhuman enjoyment, for scientific purposes, and as members of ecosystems, it isnecessary that the State take positive actions to enhance their prospects forsurvival. [L 1975, c 65, pt of §1; am L 1983, c 111, §2; gen ch 1993]

Law Journals and Reviews

  Palila v. Hawaii Department of Land and Natural Resources: State Governments Fall Prey to the Endangered Species Act of 1973, Jack R.Nelson.  10 Ecology Law Quarterly 281.

Case Notes

  In light of this chapter and having sought to securefinancial advantages under the federal Endangered Species Act, the State hasimpliedly consented to be sued under that Act and may be required to eradicateferal sheep and goats.  471 F. Supp. 985.