COM 0271.146 2012-2014 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO PROHIBITION OF GENETICALLY MODIFIED ORGANISMS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article_. Genetically Modified (Transgenic) Organisms Prohibited. Section 14-_ Findings and purpose. The council, desiring to protect our agricultural heritage, our natural environment, our public health, and our inalienable constitutional rights, finds it necessary to restrict the further introduction and use of transgenic, genetically modified crops, plants, seed, trees, fish, livestock, and other genetic organisms in Hawai`i County. The council feels compelled to take such action for the following reasons: (1) Conservation of public trust resources. Utilization of public trust resources—trust including water and land - is governed by the public trust doctrine. Pursuant to the precautionary principle of our State and its County subdivisions, natural resources are held in trust for the benefit of both current and future generations. The council chooses, by way of this ordinance, to implement the precautionary principle regarding the introduction of transgenic technologies into our farms and environment; (2) The Hawai`i State Constitution, Article XI, Section 1 "Conservation and Development of Resources," states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people."; (3) The Charter of the County of Hawai`i, Article XIII, Section 13-29 - "Conservation of Natural and Cultural Resources" - likewise sets forth our public trust obligation to conserve and protect our natural environment on this island: "For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people.";