§195D-25  Endangered species recovery
committee.  (a)  There is established within the department for
administrative purposes only, the endangered species recovery committee, which
shall serve as a consultant to the board and the department on matters relating
to endangered, threatened, proposed, and candidate species.  The committee
shall consist of two field biologists with expertise in conservation biology,
the chairperson of the board or the chairperson's designee, the ecoregion
director of the United States Fish and Wildlife Service or the director's
designee, the director of the United States Geological Survey, Biological
Resources Division or the director's designee, and the director of the
University of Hawaii Environmental Center or the director's designee.



Nongovernmental members shall be appointed by
the governor pursuant to section 26-34.  Nongovernmental members shall not
serve for more than two consecutive terms.  Nongovernmental members shall serve
for four-year staggered terms, except that one of the members first appointed
shall serve for two years.



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



(b)  The endangered species recovery committee
shall:



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



(2)  Review all habitat conservation plans, safe harbor
agreements, and incidental take licenses on an annual basis to ensure
compliance with agreed to activities and, on the basis of any available
monitoring reports, and scientific and other reliable data, make
recommendations for any necessary changes;



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



(4)  Perform such other duties as provided in this
chapter;



(5)  Consult with persons possessing expertise in such
areas as the committee may deem appropriate and necessary in the course of
exercising its duties; and



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