Bill Text: HI HB1684 | 2010 | Regular Session | Amended
Bill Title: Invasive Species; Penalties
Spectrum: Partisan Bill (Democrat 31-1)
Status: (Passed) 2010-05-20 - (S) Act 128, 5/20/2010 (Gov. Msg. No. 586). [HB1684 Detail]
Download: Hawaii-2010-HB1684-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1684 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INVASIVE SPECIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the unchecked spread of invasive species is one of the greatest threats to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people. Invasive pests can cause millions of dollars in crop losses, the extinction of native species, the destruction of native forests, the spread of disease, and the quarantine of exported agricultural crops.
Despite our ongoing efforts to detect and eradicate invasive species, our fragile island ecosystems are constantly at risk from insects, disease-bearing organisms, weeds, and other invasive pests. The coqui frog, giant salvinia, miconia, ohia rust, nettle caterpillar, and little fire ant are all present in Hawaii, disrupting the delicate balance of our ecosystems, crowding out native species, and reducing the biodiversity of our islands. Other harmful species like the papaya mealybug, erythrina gall wasp, Asian citrus psyllid, and the varroa mite have the potential to devastate Hawaii's environment and agriculture if allowed to become widespread and remain unchecked by natural predators.
The purpose of this Act is to prevent and reduce the intentional introduction and spread of invasive species by establishing and revising penalties appropriate to the harm caused by the intentional introduction and spread of pests to the economy, natural environment, and the health and lifestyle of Hawaii's people.
SECTION 2. Section 150A-14, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b), and (c) to read:
"(b) Any person [who] that
violates section 150A-5 shall be guilty of a petty misdemeanor and fined
not less than [$100 and not more than $10,000.] $50 and not more than
$5,000. For a second [violation] offense committed within
five years of a prior [violation,] offense, the person may be
fined not less than [$500] $250 and not more than [$25,000.]
$15,000.
(c) [Notwithstanding section 706-640:
(1)] Any person [or organization] that:
[violates]
(1) Violates section 150A-6(3) or
150A-6(4), or owns or intentionally transports, possesses, harbors, transfers,
or causes the importation of any snake or other prohibited animal seized under
section 150A-7(b), or whose violation involves an animal that is prohibited or
a plant, animal, or microorganism that is restricted, without a permit, shall
be guilty of a misdemeanor and subject to a fine of not less than $5,000, but
not more than $20,000; [and]
(2) [Any person or organization who intentionally]
Intentionally transports, harbors, or imports with the intent to
propagate, sell, or release any animal that is prohibited or any plant, animal,
or microorganism that is restricted, without a permit, shall be guilty of a
class C felony and subject to a fine of not less than $50,000, but not more
than $200,000[.]; and
(3) Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000.
2. By amending subsection (g) to read:
"(g) For purposes of this section, "intent to propagate" shall be presumed when the person or organization in question is found to possess, transport, harbor, or import:
(1) Any two or more animal
specimens of the opposite sex that are prohibited or restricted, without a
permit[;], or are a pest designated by statute or rule;
(2) Any three or more
animal specimens of either sex that are prohibited or restricted, without a
permit[;], or are a pest designated by statute or rule;
(3) Any plant or microorganism having the inherent capability to reproduce and that is restricted, without a permit; or
(4) Any specimen that is in the process of reproduction."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 21,
2058.
Report Title:
Invasive Species; Penalties
Description:
Prevents and reduces the intentional introduction and spread of invasive species by establishing and revising penalties appropriate to the harm caused by the intentional introduction and spread of invasive species to the economy, natural environment, and the health and lifestyle of Hawaii's people. (HB1684 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
