Bill Text: HI SB2347 | 2014 | Regular Session | Amended
Bill Title: Invasive Species; Pests; Inspections, Treatment, and Destruction; Transport; Prohibitions; Quarantine; Penalties
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2014-04-01 - The committee(s) on EEP recommend(s) that the measure be deferred. [SB2347 Detail]
Download: Hawaii-2014-SB2347-Amended.html
|
THE SENATE |
S.B. NO. |
2347 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
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 State has spent millions of dollars to control certain invasive species, but that control efforts are often too late to stop their spread across the Hawaiian islands. As a result, invasive species now infest hundreds of thousands of acres and affect Hawaii's export industry, tourism revenues, property values, residents' quality of life, and the environment. Some businesses have become "revolving doors" for the reintroduction of invasive species.
The legislature finds that the department of agriculture has designated invasive species such as coqui frogs and little fire ants as pests and has targeted them for control or eradication. The legislature also finds that these pests continue to move to new areas within the State. These two pests are most often transported and spread through commodities that are grown or sourced from infested areas, and the commodities may or may not be subject to inspection for pests or to treatment. The legislature further finds that the burden of pest prevention falls primarily on plant quarantine inspectors. Therefore, the legislature finds it necessary to require the department of agriculture to identify areas infested with these and other priority pests, provide information to business owners about best management practices for controlling pest populations at the source and mitigating the chances that listed pests will enter transportation networks interisland and intra-island, and work cooperatively with commercial entities to implement these practices.
The legislature also finds that more information is necessary to monitor risks. Therefore, this Act requires the department of agriculture to conduct a pathways and commodities risk assessment on little fire ants, coqui frogs, and other listed pests to improve upon prevention, risk mitigation, and best management practices. General, non-identifying information on the pathways and risks shall be made public.
SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding five new sections to part III to be appropriately designated and to read as follows:
"§150A- Intra-state inspection. The interisland or intra-island transportation of any pest or any article regulated under this chapter shall be subject to inspection, treatment, and if necessary and appropriate, destruction to prevent the spread and establishment of pests, including designated pests.
§150A– Prohibited transportation and possession. (a) The interisland or intra-island transportation of any pest or article that is diseased or infested with insects or any pest, is likely to assist in transmission or dissemination of any pest, or may be itself injurious, harmful, or detrimental to the agricultural, horticultural, and aquaculture industries, forestry, or environment, public health, or animal or plant health is prohibited, except as provided in this chapter or by rule, pursuant to requirements the department has determined are adequate to prevent the spread of the pest or disease, including, for articles that are infested with a pest, appropriate treatment that eliminates the disease or destroys the pest.
(b) The department may allow the interisland or intra-island transportation of a pest other than a designated pest and any article that is diseased or infested with such a pest, by inspection certificate, to an island or locality within an island where the pest is known to be established.
(c) Possession, harboring, transport, rearing, breeding, distribution, or release of a pest is prohibited; provided that the department may issue a permit for scientific research and testing and related purposes under appropriate safeguards in an area that may or may not be infested by the particular pest.
§150A- Quarantine areas. The department may designate, by rule, an island within the State or locality within an island that the department has determined is infested with a designated pest as an infested area subject to quarantine restrictions. The transportation of articles from one island designated as a quarantine area for a designated pest to an island that is not subject to quarantine for the pest, or from one part or locality of any island designated as a quarantine area for a designated pest to another part or locality of the same island that is not subject to quarantine for the pest, may be allowed as provided by rule or pursuant to a compliance agreement administered by the department.
§150A– Compliance agreement. The interisland or intra-island transportation of articles from an area under quarantine may be allowed as provided by rule or provided that the consignor and consignee of the articles are participants in the department’s interisland compliance agreement program for commercial entities.
§150A– Penalties. Any commercial entity that transports interstate a designated pest or an article diseased or infested with such a pest shall be subject to a fine equal to the value of the shipment or $ , whichever is greater."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect July 1, 2050.
Report Title:
Invasive Species; Pests; Inspections, Treatment, and Destruction; Transport; Prohibitions; Quarantine; Penalties
Description:
Makes regulated articles subject to pest inspection, treatment, and destruction. Prohibits transportation of designated pests or diseased or infested articles. Prohibits possession, harboring, transportation, rearing, breeding, distribution, or release of pests except as allowed by permit. Allows designation of quarantine areas and establishment of compliance agreements for transportation of certain articles. Establishes penalties for violations. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
