But proponents, including the Nature Conservancy, argue that the measure is essential to garnering private participation in a battle that transcends property lines.
It's estimated that more than 50 percent of endangered flora and fauna in Hawaii is found on private property.
The legislation is being considered by the House Committee on Energy and Environmental Protection, which is searching for common ground on a highly polarized issue. Committee chairwoman Terry Nui Yoshinaga said yesterday that she's determined to move some form of the endangered species legislation this session.
Senate Bill 1088 is aimed at making endangered species protection more palatable to landowners by providing incentives and assurances instead of increased regulation and the fear of litigation.
The bill would authorize the state to enter into so-called safe harbor agreements with landowners who voluntarily improve habitats.
The agreement could allow the owners to eliminate individual plants or animals as long as it wouldn't jeopardize the entire species, a concept that environmentalists don't necessarily support.
"It's a pro-active way to address endangered species recovery on private property," said Kim Harris of the Nature Conservancy of Hawaii.
"If they don't play, we will lose."
U.S. Fish and Wildlife Service spokesman Robert Smith agreed, recommending longtime adversaries come together for a common good.
"If we're ever going to get through this, we're going to have to lay down what happened in the past," Smith said. "These species need us right now."
But major environmental groups, including the Sierra Club and the Hawaii Audubon Society, object strongly to provisions they contend would weaken citizen oversight and provide inadequate safeguards that short-term species gains wouldn't be reversed in the long run.
They also joined Rep. Cynthia Thielen (R, Kailua) in balking at a clause that would make negotiations between landowner and state confidential, regardless of whether an agreement is reached.
Department of Land and Natural Resources spokesman Mike Buck said many landowners don't want to get involved because they're concerned with how information will be used.