§195D-25  Endangered species recoverycommittee.  (a)  There is established within the department foradministrative purposes only, the endangered species recovery committee, whichshall serve as a consultant to the board and the department on matters relatingto endangered, threatened, proposed, and candidate species.  The committeeshall consist of two field biologists with expertise in conservation biology,the chairperson of the board or the chairperson's designee, the ecoregiondirector of the United States Fish and Wildlife Service or the director'sdesignee, the director of the United States Geological Survey, BiologicalResources Division or the director's designee, and the director of theUniversity of Hawaii Environmental Center or the director's designee.

Nongovernmental members shall be appointed bythe governor pursuant to section 26-34.  Nongovernmental members shall notserve for more than two consecutive terms.  Nongovernmental members shall servefor four-year staggered terms, except that one of the members first appointedshall serve for two years.

Governmental members from the federal agenciesare requested but not required to serve on the committee.  The ability of thecommittee to carry out its functions and purposes shall not be affected by thevacancy of any position allotted to a federal governmental member.

(b)  The endangered species recovery committeeshall:

(1)  Review all applications and proposals for habitatconservation plans, safe harbor agreements, and incidental take licenses andmake recommendations, based on a full review of the best available scientificand other reliable data and at least one site visit to each property that isthe subject of the proposed action, and in consideration of the cumulativeimpacts of the proposed action on the recovery potential of the endangered,threatened, proposed, or candidate species, to the department and the board asto whether or not they should be approved, amended, or rejected;

(2)  Review all habitat conservation plans, safe harboragreements, and incidental take licenses on an annual basis to ensurecompliance with agreed to activities and, on the basis of any availablemonitoring reports, and scientific and other reliable data, makerecommendations for any necessary changes;

(3)  Consider and recommend appropriate incentives toencourage landowners to voluntarily engage in efforts that restore and conserveendangered, threatened, proposed, and candidate species;

(4)  Perform such other duties as provided in thischapter;

(5)  Consult with persons possessing expertise in suchareas as the committee may deem appropriate and necessary in the course ofexercising its duties; and

(6)  Not conduct more than one site visit per year toeach property that is the subject of a habitat conservation plan or safe harboragreement. [L 1997, c 380, pt of §2; am L 1998, c 237, §4; am L 2003, c 35, §7]