Bill Text: HI SB1250 | 2018 | Regular Session | Introduced

Hawaii Senate Bill 1250 (Prior Session Legislation)

Introduced

Bill Title: Relating To Aquaculture.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB1250 Detail]

Download: Hawaii-2018-SB1250-Introduced.html

THE SENATE	S.B. NO.	1250
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Aquaculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that aquaculture is one of the fastest growing animal food production sectors and accounts for nearly half of the supply of fish for consumption around the world. As such, aquaculture is of fundamental importance for providing opportunities for revenue generation, employment, and food security. The legislature further finds that Hawaii is uniquely suited to benefit from aquaculture, but that lack of support for the importation of new species or genetic lines for land-based systems causes food-focused aquaculture in the State to fall short of its potential.

The legislature additionally finds that the plant quarantine branch of the department of agriculture currently administers that importation process for aquaculture livestock, and that the procedures used by the plant quarantine branch cause unnecessary and avoidable delays in aquatic livestock species development in Hawaii. The legislature also finds that the division of animal industry of the department of agriculture could effectively manage the importation and development of aquaculture livestock because:

(1) The division effectively administers or facilitates the movement of cattle, swine, poultry, sheep, and goats for Hawaii;

(2) Veterinarians working for the division implement the United States Department of Agriculture's animal disease traceability framework, which is a system for moving livestock interstate that involves pre-arrival disease-free verification, and point-of-entry and post-arrival inspections to ensure compliance with program requirements;

(3) The division works closely with the United States Department of Agriculture and can access a global network of government and industry partners for additional support on aquatic livestock policy and development issues; and

(4) Veterinarians working for the division possess training and expertise in animal health and behavior, production systems, and disease identification and stay current on animal health and development advancements relevant to aquaculture's role as a contributing segment of Hawaii's food sustainability efforts.

The purpose of this Act is to transfer responsibility for the approval, inspection, and quarantine of aquaculture livestock to the division of animal industry.

SECTION 2. Section 150A-6.2, Hawaii Revised Statutes, is amended to read as follows:

"§150A-6.2 Animal import. (a) The board shall maintain:

(1) A list of conditionally approved animals that require a permit for import into the State;

(2) A list of restricted animals that require a permit for both import into the State and possession; and

(3) A list of animals that are prohibited entry into the State.

(b) The board shall adopt rules, pursuant to chapter 91, to establish an advisory committee of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid animal when the department suspects that the lineage of the animal is not as stated by the owner or on other official documents.

(c) Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans, if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition, if the importer of the animal can meet permit and bonding requirements as determined by the board.

(d) Inspection, quarantine, and approval of aquaculture livestock animals shall be performed and administered by the division of animal industry."

SECTION 3. All rights, powers, functions, and duties of the plant quarantine branch within the division of plant industry of the department of agriculture relating to the inspection, quarantine, and approval of aquaculture livestock animals are transferred to the division of animal industry of the department of agriculture.

All employees who occupy civil service positions and whose functions are transferred to the division of animal industry by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The chairperson of the board of agriculture may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 4. All rules, policies, procedures, guidelines, and other material adopted or developed by the plant quarantine branch within the division of plant industry of the department of agriculture relating to the inspection, quarantine, and approval of aquaculture livestock animals shall remain in full force and effect until amended or repealed by the division of animal industry pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the plant quarantine branch or the branch chief in those rules, policies, procedures, guidelines, and other material is amended to refer to the division of animal industry of the department of agriculture or administrator, as appropriate.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the plant quarantine branch within the division of plant industry of the department of agriculture relating to the functions transferred to the division of animal industry of the department of agriculture shall be transferred with the functions to which they relate.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Aquaculture Livestock; Inspection; Plant Quarantine Branch; Division of Animal Industry; Department of Agriculture

Description:

Transfers responsibility for approval, inspection, and quarantine of aquaculture livestock from the plant quarantine branch within the division of plant industry of the department of agriculture to the division of animal industry of the department of agriculture.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.