Bill Text: HI SB3237 | 2024 | Regular Session | Introduced
Bill Title: Relating To Agriculture.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2024-03-22 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Martinez, Nakashima, Quinlan excused (3). [SB3237 Detail]
Download: Hawaii-2024-SB3237-Introduced.html
THE SENATE |
S.B. NO. |
3237 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive species collectively present one of the single greatest threats to Hawaii's economy and natural environment, its native species, and the health and lifestyle of Hawaii's people. Impacts of invasive species have been severe, negative and expensive, and have included serious habitat degradation, extinction of native species, increased wildfire risk, increases in the cost of agriculture and livestock production, and many other impacts. For example, this State's horticultural and agricultural industries face a serious threat from the introduction of the plant diseases citrus greening (or huanglongbing) (Candidatus Liberibacter asiaticus), citrus canker (Xanthomonas axonopodis), citrus black spot (Phyllosticta citricarpa) and fruit flies (species in the family Tephritidae).
The legislature also finds that protecting Hawaii from invasive pests requires more than the mere application of chemicals to each new infestation. Necessary actions include efforts to prevent pests from entering the State and spreading within the State.
The legislature, like the federal government, recognizes the value of preventing the movement of invasive pests. Section 10811 of the Farm Security and Rural Investment Act of 2002 requires the United States Department of Agriculture to inspect all passengers, baggage, cargo, and any other articles moving from Hawaii to other areas of the United States. However, federal law does not require any similar inspections of passengers or material arriving in Hawaii from the continental United States. The legislature believes that this State should have the authority to conduct those inspections if the federal government will not do so.
The legislature finds that if an invasive pest infestation that will seriously impact residents, businesses, or native species is found within the State, the infested material should be contained to prevent the spread of the pest so it does not move across an island. Further, the infested material or area should be treated to control or eradicate the pest. Preventing the spread of invasive species protects agricultural producers and businesses. Preventing the sale of merchandise that is infested with pests addresses the highest-risk situations where unsuspecting consumers purchase pest-infested merchandise and bring the merchandise home, spreading the pest across an island. Notably, there exists a serious danger to the forests and the horticultural and agricultural industries of Hawaii from the introduction of plant pathogens and other pests transported in or on firewood from outside the State, including Agrilus planipennis (emerald ash borer), Anoplophora glabripennis (Asian longhorned beetle), Solenopsis invicta (red imported fire ant), and bark and ambrosia beetles, including Euwallacea species and associated fungal pathogens.
The legislature notes that other states routinely quarantine areas infested with a high impact pest and prevent the sale of infested merchandise. In cases of high impact species, other States quarantine the infested areas. For instance, in June 2023, after the highly invasive Giant African land snail was detected north of Miami, the State of Florida declared a quarantine and treatment area of several square miles in Broward County. Florida quarantined the movement of the snails themselves and other materials that could be harboring the snails, including plants, soil, and certain building materials. Florida subsequently commenced a robust program using molluscicide, or snail bait, on properties in the area, followed by multiple surveys to assess the effectiveness of the quarantine and treatment.
In Oregon, the state's agricultural department took steps to eradicate the Japanese beetle, a serious pest of ornamental plants, turfgrass, and crops grown in the state. The department's efforts included the quarantine of yard debris, including grass clippings and plants with soil, and the implementation of sod. The quarantine required residents to contain their yard waste and deliver it to a specific location. The State also treated private property, either with the consent of the landowner or pursuant to an administrative warrant, with appropriate pesticide.
The legislature notes that the prevention of the spread of invasive pests in Hawaii is part of the state department of agriculture's responsibility to promote agriculture in this State. However, the department has limited staff and resources, and has not been able to update its administrative rules to adapt to new invasive pests and control methods. The department has not developed a list of restricted plants pursuant to section 150A-6.1, Hawaii Revised Statutes, since that statutory section was enacted on July 1, 2000. Further, the department last updated its list of noxious weeds and their distribution more than thirty years ago. The department has also not had the capacity to add many high impact pests, including the two-lined spittlebug (Prosapia bicincta) that is devastating ranch lands on Hawaii Island since its detection in 2016, to its list of pests for control and eradication, which was last undated in 2008.
The purpose of this Act is to:
(1) Facilitate the control and eradication of invasive species and pests; and
(2) Assist the department of agriculture in carrying out its responsibilities.
PART II
SECTION 2. Section 141-2, Hawaii Revised Statutes, is amended to read as follows:
"§141-2 Rules. Subject to chapter 91, the department of
agriculture shall adopt, amend, and repeal rules not inconsistent with law, for
and concerning:
(1) The introduction, transportation, and
propagation of trees, shrubs, herbs, and other plants;
(2) The quarantine, inspection, fumigation,
disinfection, destruction, or exclusion, either upon introduction into the
State, or at any time or place within the State, of any [nursery-stock,]
nursery stock, tree, shrub, herb, vine,
cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut,
fruit, or vegetable; any grain, cereal, or legume in the natural or raw state;
any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb,
or timber; or any other plant growth or plant product unprocessed or in the raw
state; any sand, soil, or earth; any live bird, reptile, insect, or other
animal, in any stage of development, that is in addition to the so‑called
domestic animals, which are provided for in section 142-2; and any box, barrel,
crate, or other containers in which the articles, substances, or objects have
been transported or contained, and any packing material used in connection
therewith, or any other pest host material that is or may be diseased or
infested with insects or likely to assist in the transmission or dissemination
of any insect or plant disease injurious, harmful, or detrimental, or likely to
become injurious, harmful, or detrimental to the agricultural or horticultural
industries or the forests of the State, or the public health and welfare,
or that is or may be in itself injurious, harmful, or detrimental to the same;
provided that included therein may be rules governing the transportation of any
of the articles, substances, or objects enumerated above in this section
between different localities on any one of the islands within the State;
(3) The prohibition of importation into the State,
from any or all foreign countries or from other parts of the United States, or
the shipment from one island within the State to another island therein, or the
transportation from one part or locality of any island to another part or
locality of the same island, of any [specific] article, substance, or
object or class of articles, substances, or objects[, among those enumerated
above in this section,] that is diseased or infested with insects or likely
to assist in the transmission or dissemination of any insect or plant disease
injurious, harmful, or detrimental or likely to be injurious, harmful, or
detrimental to the agricultural or horticultural industries, or the forests of
the State, or that is or may be in itself injurious, harmful, or detrimental to
the same;
(4) The preparation by cargo carriers of manifests
of cargo transported into the State or between islands of the State and the
submission of the manifests to the department;
(5) The establishment, maintenance, and
enforcement of compliance agreements with federal or state departments of
agriculture authorizing agriculture inspectors from the state of origin in the
case of imports to the State, or state agricultural inspectors in the case of
state exports, to monitor the growing and packing of plant commodities and any
treatment procedures to ensure compliance with quarantine laws, and further
authorizing the assessment of fees for conducting inspections required under
the compliance agreement; [and]
(6) The manner in which agricultural product
promotion and research activities may be undertaken, after coordinating with
the agribusiness development corporation[.]; and
(7) The protection of members of the public and
property.
All rules adopted under this section shall have the force and effect of law."
SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended to read as follows:
"§141-3 Designation of pests; control or eradication
of pests; emergency power. (a) The department of agriculture shall [designate]:
(1) Designate the coqui frog (Eleutherodactylus
coqui), the coconut rhinoceros beetle (Oryctes rhinoceros), the little fire ant
(Wasmannia auropunctata), and the two-lined spittlebug (Prosapia bicincta)
as [a pest. All other pest
designations shall be established by rule, including] pests for control
or eradication;
(2) Designate other taxa as pests for
control or eradication by rule, and update designated taxa no less than once
every two years; and
(3) Establish, by rule, the criteria
and procedures for the designation of pests for control or eradication[.];
provided that criteria shall be written with the understanding that:
(A) Pests designated for control or eradication shall be:
(i) High-risk pests upon which statewide or local control is necessary to prevent serious impacts to native species and the environment; or
(ii) Injurious, deleterious, or likely to become injurious or deleterious to the public health and welfare, private property, or the agricultural, horticultural, aquacultural, or livestock industries of the State; and
(B) Not every invasive species poses a risk
that warrants designation of the species as a pest for control or eradication.
(b)
The department of agriculture [shall], so far as reasonably
practicable, shall assist, free of cost to [individuals,] persons,
in the control or eradication of insects, mites, diseases, noxious weeds, or
other pests or any other taxa injurious to the environment or vegetation
of value; and in the investigation, suppression, and eradication of contagious,
infectious, and communicable diseases among domestic animals; and shall in like
manner distribute to points where needed, beneficial insects, or pathogens and
other antidotes for the control of insects, mites, diseases, or other pests or
any other taxa injurious to the environment or vegetation of value, and for
the control or eradication of vegetation of a noxious character.
(c)
Notwithstanding subsection (a), if the department finds the incipient
infestation of a pest that has an adverse effect on native species or the
environment or that is injurious or deleterious or that is likely to become
injurious or deleterious to the public health and welfare, private property,
or the agricultural, horticultural, aquacultural, or livestock industries
of the State without immediate action, it may proceed without prior notice or
upon a minimum of forty-eight hours notice and hearing to adopt an emergency
rule for the eradication of the pest [to], or incipient infestation, regardless
of whether the pest is currently designated as a pest for control or
eradication. The emergency rule shall
be effective for a period of not longer than one hundred eighty days without
renewal."
SECTION 4. Section 141-3.5, Hawaii Revised Statutes, is amended to read as follows:
"§141-3.5
Control or eradication programs.
(a) The department of agriculture
shall develop and implement a detailed control or eradication program for [any
pest] each taxa designated [in] as a pest for control or
eradication pursuant to section 141-3, using the best available technology
in a manner consistent with state and federal law. Each program shall include actions to
prevent the introduction or spread of the pest, including the quarantine of
appropriate material within the infested area, treatment to control or
eradicate the pest, and outreach to the affected communities.
(b) If the department does not develop and
implement a detailed control or eradication program for a taxa designated as a
pest control or eradication pursuant to section 141-3 on an island where the
pest in a public nuisance, the applicable county or invasive species committee,
or the Hawaii ant lab, may develop or implement a program for the pest on that
island or the impacted area of that island.
[(b)]
(c) For any pest designated by
emergency rule as provided in section 141-3, the department of agriculture or
the applicable county or invasive species committee, or the Hawaii ant lab,
shall implement an emergency program using the best available technology in a
manner consistent with state and federal law.
[(c)]
(d) The department of
agriculture:
(1) In conjunction with the Hawaii [Ant Lab,]
ant lab, may identify best practices for the treatment of little
fire ants; and
(2) Shall post on its website any best practices identified for the treatment of little fire ants.
(e) For the purposes of this section, "invasive species committee" means one of the island-based, voluntary partnerships under the university of Hawaii's Pacific cooperative studies unit staffed by employees of the research corporation of the university of Hawaii that work to prevent, control, or eliminate invasive species. "Invasive species committee" includes the big island invasive species committee, the Kauai invasive species committee, the Oahu invasive species committee, the Maui invasive species committee, and the Molokai invasive species committee."
SECTION 5. Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows:
"§141-3.6
Entry of private property to control or
eradicate any pests. (a) The department of agriculture [or],
applicable county, appliable invasive species committee as defined in
section 141-3.5(e), or the Hawaii ant lab shall give at least five days
notice to the landowner and the occupier of any private property of its
intention to enter the property [for the control or eradication of a pest.]
to carry out a control or eradication program developed under section
141-3.5, including the quarantine of materials. Written notice sent to the landowner's last
known address by certified mail, postage prepaid, return receipt requested,
shall be deemed sufficient notice. If
certified mail is impractical because the department [or],
county, invasive species committee, or Hawaii ant lab, despite diligent
efforts, cannot determine land ownership or because of urgent need to initiate
control or eradication measures, notice given once in a daily or weekly
publication of general circulation, in the county where any action or proposed
action will be taken, or notice made as otherwise provided by law, shall be
deemed sufficient notice. The notice
shall set forth all pertinent information on the pest control program and the
procedures and methods to be used for control or eradication.
(b) After notice as required by subsection (a),
any member of the department, employee of the county, employee of the
invasive species committee, employee of the Hawaii ant lab, or any agent
authorized by the department [or], county, or invasive species
committee may enter at reasonable times any private property other than
dwelling places to [maintain a pest] carry out a control or
eradication program[,] developed under section 141-3.5, being
liable only for damage caused by acts beyond the scope of the person's authority,
or the person's negligence, gross negligence, or intentional misconduct. If [entry is refused,] the
landowner or occupier does not consent, the department member, county
employee, committee employee, Hawaii ant lab employee, or any authorized
agent may apply to the district court in the circuit in which the property is
located for a warrant to enter on the premises to effectuate the purposes of
this chapter. The district court may
issue a warrant directing a [police] law enforcement officer of the
circuit to assist the department member, county employee, committee employee,
Hawaii ant lab employee, or any authorized agent in gaining entry onto the
premises during regular working hours or at other reasonable times."
SECTION 6. Section 141-6, Hawaii Revised Statutes, is amended to read as follows:
"§141-6
Appeal from [inspector's decision.] certain decisions. Any person who feels aggrieved at any
decision of the state plant regulatory official, the official's designee, or
any inspector of the department of agriculture shall have the right to appeal
from the decision to the board of agriculture.
The board shall give a prompt hearing to the appellant and the inspector
upon the appeal, and decide the question at issue, which decision shall be
subject to judicial review as provided in chapter 91."
PART III
SECTION 7. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
PLANT
NURSERY LICENSING PROGRAM
§150A-A Definitions. For the purposes of this part, unless the
context requires otherwise:
"Best management practices" means processes and actions based on the best available science that provide the most cost‑effective and efficacious way to address an issue, including the prevention or reduction of pest and pathogen problems.
"Effective control" means the elimination or reduction of low-priority pests to the point of an acceptable economic and environmental risk.
"High-priority pest" means a pest, including a noxious weed:
(1) That is not known to appear frequently within the State;
(2) That has a limited distribution within this State;
(3) That the department or other government entity attempts to contain, suppress, or reduce within this State, including any pest or noxious weed designated by the department; and
(4) Whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
"Low-priority pest" means a pest that is not a high‑priority pest and may be controlled so that the pest does not pose an unacceptable economic or environmental risk.
"Plant nursery license" means a license issued pursuant to this part.
"Sale" or "sell" means offering, exposing, or possessing for sale, exchange, barter, or trade.
"Standards of nursery cleanliness", with respect to a location where nursery stock is produced or sold, means:
(1) The implementation at the location of any method of treatment required by the department for any pest;
(2) That nursery stock or other material infested or infected with pests at the location is isolated pending treatment or disposal;
(3) That actions are carried out to the extent that is reasonably necessary to ensure the location and all nursery stock produced or sold at the location are free from pests; and
(4) The fulfillment of any other standard required by the department for the location.
§150A-B Plant nursery licenses required; exemption. (a) Except as provided in subsection (b), a person engaged with the sale of nursery stock shall inform the department of the existence of the person's operation and obtain a valid plant nursery license pursuant to this part for the operation.
(b) Subsection (a) shall not apply to a person that sells seeds and does not sell or ship any other nursery stock.
(c) A person shall obtain a plant nursery license for each location where the person sells or grows nursery stock.
(d) A person is not eligible for any certificate or service under part III of this chapter with respect to nursery stock unless the person holds a valid plant nursery license.
(e) The department may publish on the internet website maintained by the department and in other appropriate form a list of persons that hold a valid plant nursery license.
§150A-C Full plant nursery licenses; requirements; duration. (a) Each person seeking a full plant nursery license or a renewal of a full plant nursery license shall submit the department:
(1) An application; and
(2) A fee pursuant to section 150A-D.
(b) A person shall be eligible to receive and continue operating under a full plant nursery license for a location if the person:
(1) Demonstrates good faith in seeking to carry on the business of selling nursery stock;
(2) Does not sell any plant species designated by the department as a noxious weed or restricted plant;
(3) Consents to and agrees to cooperate with all inspections authorized by section 150A-F;
(4) Passes all authorized inspections;
(5) Maintains the location free from high-priority pests;
(6) Has effective control of low-priority pests;
(7) Implements standards of nursery cleanliness at the location; and
(8) Implements any best management practices required by the department for the location.
(c) A full plant nursery license:
(1) Shall be valid for a period of one year; and
(2) May be renewed for additional periods of one yeat per renewal.
§150A-D Full plant nursery licenses; fees. (a) Each application for the issuance or renewal of a full plant nursery license shall be accompanied by a license fee in an amount determined by the department.
(b) The fee required by subsection (a) shall be determined based on:
(1) Quantity and dollar value of nursery stock sales;
(2) Acreage used by the applicant to produce, store, or sell nursery stock; and
(3) Any other criteria the department determines is appropriate.
(c) No portion of the fee required by subsection (a) may be refunded to a person if the department denies an application for a full plant nursery license or renewal or revokes the license pursuant to section 150A-G.
(d) All fees collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5.
§150A-E Temporary plant nursery licenses; small seller plant nursery licenses. (a) A person is eligible to receive and continue operating under a temporary plant nursery license if the person:
(1) Applies for a temporary plant nursery license;
(2) Is a non-profit, charitable, educational, or religious organization;
(3) Demonstrates to the department's satisfaction that:
(A) The person will sell nursery stock for no more than days in a calendar year;
(B) The person's total annual sales of nursery stock will not exceed $ ; and
(C) The person will use the proceeds of the sale of nursery stock for charitable, educational, or religious purposes;
(4) Produces nursery stock with, or obtains nursery stock from, a person with a valid plant nursery license issued pursuant to this part; and
(5) Uses best management practices for nursery stock and the sale of the nursery stock required by the department for temporary plant nursery license holders.
(b) A person is eligible to receive and continue operating under a small seller plant nursery license if the person:
(1) Applies for a small seller plant nursery license;
(2) Demonstrates to the department's satisfaction that the person's total annual sales of nursery stock will not exceed $ ;
(3) Produces nursery stock or obtains nursery stock from a person with a valid plant nursery license issued pursuant to this part; and
(4) Uses best management practices for nursery stock and the sale of the nursery stock required by the department for small seller plant nursery license holders.
(c) The department may inspect the plant nursery location, all nursery stock at the plant nursery location, and any other area used by an applicant or licensee to produce, store, or sell nursery stock under a temporary plant nursery license or a small seller plant nursery license.
(d) The department may charge a fee for the issuance of a temporary plant nursery license or a small seller plant nursery license; provided that all fees collected under this section shall be deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5.
§150A-F Inspection; quarantine. (a) After receiving an application for issuance or renewal of a plant nursery license for a location, an inspector shall inspect the location, all nursery stock at the location, and any other area used by the applicant to produce or store nursery stock to be sold at the location before the issuance or renewal of the plant nursery license.
(b) The department may conduct additional inspections of any location issued a plant nursery license with or without notice, at any time and in any manner as the department determines appropriate.
(c) No applicant or licensee shall deny access or impede an inspector conducting an inspection under this section or hinder the inspection by misrepresenting or concealing facts or conditions.
(d) To be eligible to receive and continue operating under a plant nursery license, an applicant or licensee that sells nursery stock shall ensure that each location at which the applicant or licensee operates shall be found at each inspection authorized under this section:
(1) To be free from high-priority pests;
(2) To have effective control of low-priority pests;
(3) To be implementing standards of nursery cleanliness; and
(4) To be implementing any best management practices required by the department.
(e) If the department is notified pursuant to an inspection authorized under this section or any other means that a high-priority pest is present in nursery stock or a location where nursery stock is present, that low-priority pests are not under effective control at a location, or that the holder of a full plant nursery license, temporary plant nursery license, or a small seller plant nursery license is otherwise not in compliance with the requirements of this part, the department:
(1) Shall place a stop sale or quarantine order for the affected nursery stock or location and, if appropriate, a destruction order for affected nursery stock;
(2) Shall notify the person applying for or holding the full plant nursery license, temporary plant nursery license, or a small seller plant nursery license for the affected nursery stock or location of the existence of the high-priority pest, low-priority pest, or other compliance issue and advise the person on acceptable mitigation methods; and
(3) May require the affected nursery stock or affected material be mitigated by whatever means necessary, including destruction, confiscation, treatment, return shipment, or quarantine, at the expense of the nursery or person without any form of compensation from the department or State.
(f) During the period when an order under subsection (e) is in effect for nursery stock or a location, the person operating the plant nursey location shall not sell, ship, transport, give away, or otherwise move, alter, or tamper with affected nursery stock or material at the location, other than for activities to mitigate the high-priority or low-priority pests.
§150A-G Revocation. The department may refuse to issue or renew a full plant nursery license, a temporary plant nursery license, or a small seller plant nursery license or may suspend or revoke a full plant nursery license, temporary plant nursery license, or a small seller plant nursery license for a location if the department determines that the licensee or the applicant:
(1) Has willfully refused to comply with this part or other laws relating to nursery stock or to any pest which might be carried by nursery stock;
(2) Has committed fraud or deception in obtaining the plant nursery license;
(3) Has committed fraud or misrepresentation in the handling or sale of nursery stock;
(4) Has failed to maintain the nursery stock or location:
(A) Free from high-priority pests;
(B) With effective control of low-priority pests; or
(C) In accordance with any best management practices required by the department;
(5) Has failed to maintain nursery stock produced or sold by the licensee or applicant in accordance with the standards of nursery cleanliness; or
(6) Has failed to comply with any lawful order issued by the department.
§150A-H Civil penalties. (a) A person who violates a provision of this part or any rule adopted by the department pursuant to this part shall be fined not more than $ for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(b) All fines collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5."
SECTION 8. Chapter 150A, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
(1) Acalolepta aesthetica (Olliff), an invasive longhorn beetle that attacks many plant species;
(2) Anthurium whitefly – Aleurotulus sp., a serious insect pest of anthurium;
(3) Anthurium whitefly – Crenidorsum sp., a serious insect pest of anthurium, philodendron, and monstera;
(4) Bristly rose slug – Cladius differmis Panzar, a pest injurious to the rose plant;
(5) Cactus mealybug – Dactylopius opuntiae Cockerell and other insects feeding on Opuntia species of cactus, pests injurious to cactus utilized for forage or ornamental purposes;
(6) Citrus black spot – Phyllosticta citricarpa (McAlpine) Aa, a serious disease of citrus;
(7) Citrus canker - Xanthomonas citri subsp. citri, a serious disease of citrus;
(8) Citrus huanglongbing – Candidatus Liberibacter spp., responsible for citrus greening;
(9) Coconut scale – Aspidiotus destructor Signoret, a serious insect pest of palms, bananas, and more than four hundred other plants;
(10) Colocasia bobone disease associated virus – Cytorhabdovirus colocasiae, a lethal pathogen associated with alomae bobone disease of taro;
(11) Croton whitefly – Orchamplatus mammaeferus Quaintance and Baker, a serious insect pest of croton and citrus;
(12) Eucalyptus canker – Cryphonectria cubensis Bruner Hodges, a serious disease of Eucalyptus species;
(13) Eurasian pine aphid – Pineus pini Koch, a serious insect pest of pine;
(14) Fern weevil – Syagrius fulvitarisis Pascoe, an insect pest injurious to fern plants;
(15) Fiery skipper – Hylephila phyleus Drury, a serious pest of turf and pasture grasses and ornamental sedges;
(16) Fusarium wilt of banana – Fusarium
spp.;
(17) Giant African snail – Achatina fulica Bowdich, a serious pest of horticultural and vegetable crops;
(18) Giant salvinia - Salvinia molesta Mitchell;
(19) Hala scale – Thysanococcus pandani Stickney, a serious pest of hala, an environmentally and culturally significant indigenous plant;
(20) Hunting billbug – Sphenophorus venatus vestitus Chittenden, a serious insect pest of turf and range grasses;
(21) Macadamia felted coccid – Acanthococcus ironsidei (Williams, 1973), a detrimental pest to the macadamia nut industry in Hawaii;
(22) Orange spiny whitefly – Aleurocanthus spiniferus Quaintance, a serious insect pest of rose and citrus;
(23) Oriental beetle – Anomala orientalis
Waterhouse, a serious insect pest of sugarcane;
(24) Palm lethal yellows – Candidatus Phytoplasma spp., responsible for lethal diseases of palm;
(25) Papaya ringspot virus, a serious virus disease of papaya;
(26) Sugarcane smut – Ustilago scitaminea Syd., a serious fungus disease of sugarcane;
(27) Sweet potato virus disease – Sweet
potato chlorotic stunt virus, a lethal disease of sweet potato;
(28) Taro root aphid – Pemphigus sp., a serious pest of dryland taro;
(29) Two-lined spittlebug – Prosapia bicincta (Say), a serious pest of range grasses;
(30) Water lettuce - Pistia stratiotes L.;
(31) Water spangles - Salvinia minima Baker; and
(32) Any taxa designated as a pest for control or eradication or as a noxious weed pursuant to rules adopted by the board.
(b) The list established within subsection (a)
shall not be construed to restrict the department from treating other species
or taxa as pests; provided that the species or taxa meets the definition of
"pest" under section 150A-2.
(c) If the scientific name or common name of a taxon referred to in this chapter is changed to a new scientific name or common name accepted by the International Code of Zoological Nomenclature or the International Plant Names Index, the reference in this chapter shall be construed to refer to the new scientific name or common name, as appropriate.
§150A-
Designation
of infested and restricted areas. (a) The department may designate the infested
area of a pest by rules, including interim rules. Any designated area may be expanded by an
order of the board to reflect the spread of a specific pest infestation in
order to implement quarantine measures to prevent movement of the pest and its
pest host material from the infested area to restricted areas, provided that:
(1) The board first obtains advice from
qualified persons with relevant expertise, with or without advisory committee
review;
(2) The board designates the expanded infested area, identifying the revised geographical extent of the infestation;
(3) The department issues a press release describing the expansion of the infested area before the effective date of designation of the expanded infested area;
(4) Notice of the board's action,
including its effective date, is posted by the following day on the
department's website and is placed in a daily or weekly publication of
statewide circulation or in separate daily or weekly publications whose
combined circulation is statewide, within twelve days of the board's action;
and
(5) The board's designation of an expanded infested area shall be effective the day following the board's action, unless a later effective date is specified by the board's action.
(b) If a pest is found outside the
infested area designated under subsection (a), the state plant regulatory
official may make an emergency, temporary designation that the area where the
pest was found is an infested area; provided that the designation shall expire
no later than thirty days after the designation is made, or on the date of the
next meeting of the board, whichever duration is longer.
§150A-
Firewood
quarantine. (a) The import of firewood into the State and the
transportation or sale within the State of firewood imported into the State are
prohibited except for:
(1) Firewood that is certified by an appropriate federal or state agency as heat-treated and labeled in accordance with subsection (b); or
(2) Firewood introduced pursuant to subsection (c) and labeled in accordance with subsection (b).
(b) Firewood imported into the State shall bear a
clear and conspicuous label that contains the following information on each
package of firewood intended to be offered, exposed, or held for sale:
(1) The state of origin of the firewood;
(2) If the firewood is imported pursuant
to subsection (a)(1):
(A) A statement that the firewood has been certified as heat-treated; and
(B) The name of the federal or state
certifying agency and the certification number;
(3) Identification of the commodity as firewood, unless the contents can be easily identified through the wrapper or container; and
(4) The name and address of the
manufacturer, packer, or distributor of the firewood.
(c) The state plant regulatory official may allow
the importation or sale of firewood on a case-by-case basis if the person
producing, processing, or importing the firewood is operating under a
compliance agreement or other contract with an appropriate federal or state
agency that the state plant regulatory official determines will ensure that the
firewood:
(1) Is heat-treated; or
(2) Will not pose an unacceptable risk
of introducing or spreading an insect, disease, or other pest.
(d) The state plant regulatory official may at
any time revoke an exemption under subsection (c) due to a change in the risk
assessment.
(e) Any person that imports firewood into the
State shall maintain, and make available to the state plant regulatory official
upon request, records of those imports for at least two years.
(f) Firewood harvested within the State of Hawaii is not subject to the requirements of this section.
(g) As used in this section:
"Firewood"
means any kindling, logs, timber, or other portions of a tree of any species
four feet or less in length, cut or split, or intended to be cut or split, into
a form and size appropriate for use as fuel for fires in an open or closed pit,
grill, fireplace, stove, wood burning furnace, or in any other form commonly
used for burning in campfires, stoves, or fireplaces.
"Heat-treated"
with respect to firewood means firewood that has been heated to at least one
hundred sixty degrees Fahrenheit for seventy-five minutes at wood core.
§150A- Cooperative enforcement of federal and state quarantines. (a)
The department may enter into cooperative agreements with the United
States Department of Agriculture and other federal, state, or county agencies
to assist in the enforcement of federal quarantines. The department may establish a quarantine and
adopt rules relating to a pest or an area not covered by a federal
quarantine. The department may seize,
destroy or require treatment of products moved from a federally-regulated area
if they were not moved in accordance with the federal quarantine requirements
or, if certified, were found to be infested with the pest.
(b) Interstate shipments for entry into the State
are subject to the following:
(1) Any regulated article that is prohibited from interstate movement or is required to be certified, if moved interstate from an area regulated by a state or federal quarantine, shall not enter this State;
(2) The owner or carrier of regulated articles that are reportedly originating in nonregulated areas of a quarantined state shall provide proof of origin of the regulated articles through an invoice, waybill or other shipping document; and
(3) If only a portion of a state is under a state or federal quarantine, the entry of the shipment into this State shall not be refused nor shall a certificate be required if the article originates from a nonregulated area of the shipping state, unless the article is found to be infested or prohibited.
§150A- Prevention of the introduction of citrus pests and diseases. (a)
The following articles shall not enter this State:
(1) Any regulated article from an area quarantined due to the presence of citrus greening or huanglongbing (Candidatus Liberibacter asiaticus) by any federal order in effect and issued pursuant to title 7 Code of Federal Regulations part 301, subpart N;
(2) Any regulated article from an area
quarantined due to the presence of citrus canker (Xanthomonas axonopodis)
pursuant to title 7 Code of Federal Regulations part 301, subpart M,
including any federal order in effect and issued pursuant to that subpart;
(3) Any regulated article from an area
quarantined due to the presence of citrus black spot (Phyllosticta citricarpa)
pursuant to a federal order in effect and issued pursuant to title 7 United
States Code 7712(a); and
(4) Any regulated article from an area quarantined due to the presence of any species of the family Tephritidae pursuant to title 7 Code of Federal Regulations part 301, including any federal order in effect and issued pursuant to that part.
(b) If the Animal and Plant Health Inspection
Service of the United States Department of Agriculture modifies the regulated
articles or the area quarantined due to the presence of citrus greening (or
huanglongbing) (Candidatus Liberibacter asiaticus), citrus canker (Xanthomonas
axonopodis), citrus black spot (Phyllosticta citricarpa), or any species in the
family Tephritidae:
(1) The board shall adopt the modified
quarantines;
(2) The department shall issue a press
release describing the modification of the articles or areas quarantined by the
Animal and Plant Health Inspection Service of the United States Department of
Agriculture; and
(3) Notice of the board's action, including its effective date, shall be posted by the following day on the department's website and shall be posted in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide, within twelve days of the board's action.
(c) This section shall be construed to be consistent with federal regulations pursuant to title 7 United State Code 7756(b)(2)(A)) and shall not be construed to exceed the regulations or orders issued by the United States Secretary of Agriculture related to citrus greening (or huanglongbing) (Candidatus Liberibacter asiaticus), citrus canker (Xanthomonas axonopodis), citrus black spot (Phyllosticta citricarpa), or any species in the family Tephritidae."
SECTION 9. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§150A- Plant nursery license required. No certification or service related to nursery stock may be provided under this part to a person who is required to obtain a plant nursery license under part of this chapter for the nursery stock unless the person has obtained the required plant nursery license."
SECTION 10. Section 150A-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§150A-1[]] Short title. This chapter may be cited as the "Hawaii
[Plant Quarantine] Invasive Species Law"."
SECTION 11. Section 150A-2, Hawaii Revised Statutes, is amended as follows:
1. By adding eight new definitions to be appropriately inserted and to read:
""Compliance
agreement" means a written agreement:
(1) Between the department and a person who carries out commercial activities;
(2) That includes any terms or conditions the state plant regulatory official determines will slow or prevent the spread of a pest; and
(3) That serves as a permit issued by the department to that person.
"Infested"
means harboring a pest.
"Infested
area" means an island or locality within the State where a specific pest is
known to be established.
"Nursery
stock" means any plant for planting, propagation, or ornamentation,
including all plants, trees, shrubs, vines, perennials, grafts, cuttings, and
buds that may be sold for propagation, whether cultivated or wild, and all
viable parts of these plants.
"Person"
means any individual, firm, corporation, association, partnership, or other
entity, including a governmental entity or nonprofit organization.
"Pest
host material" means any plant, propagative plant part, non-propagative
plant part, soil, or any other matter or object that is found to be
transporting or harboring a pest.
"Restricted
area" means an island or locality within this State where a specific pest
is not known to be established or where an eradication or control project for a
specified pest is being conducted by the department or an entity recognized by
the state plant regulatory official.
"State plant regulatory official" means the state plant regulatory official for this State, or the official's designee."
2. By amending the definition of "pest" to read:
""Pest"
means [any]:
(1) Any animal, insect, disease
agent or other organism in any stage of development that is detrimental or
potentially harmful to agriculture, or horticulture, or animal or public
health, or natural resources including native biota or has an adverse effect on
the environment [as]; or
(2) Any taxa determined by the
board[.] to be a pest."
SECTION 12. Section 150A-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:
(1) Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;
(2) Service fees, charges, and penalties collected under section 150A-5.3;
(3) Fees and fines collected under the
plant nursery licensing program under part
of this chapter;
[(3)] (4) Fees imposed for services pursuant to this
chapter or rules adopted under this chapter;
[(4)] (5) Fines for violations of this chapter;
[(5)] (6) Federal funds received for biosecurity, pest
inspection, control, management, quarantine, and eradication programs;
[(6)] (7)
Grants and gifts;
[(7)] (8)
All interest earned or accrued on moneys deposited in the fund; and
[(8)] (9)
Any other moneys made available to the fund."
SECTION 13. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:
"§150A-5
Conditions of importation. (a)
The importation into the State of any material that is infested or
infected with a pest or that is itself a pest is prohibited unless imported
under an appropriate permit or compliance agreement.
(b) The importation
into the State of any of the following articles, viz., [nursery-stock,] nursery
stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud,
seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or
legume in the natural or raw state; moss, hay, straw, dry-grass, or other
forage; unmanufactured log, limb, or timber, or any other plant-growth or
plant-product, unprocessed or in the raw state; soil; microorganisms; live
bird, reptile, nematode, insect, or any other animal in any stage of
development (that is in addition to the so-called domestic animal, the quarantine
of which is provided for in chapter 142); box, vehicle, baggage, or any other
container in which such articles have been transported or any packing material
used in connection therewith shall be made in the manner hereinafter set forth:
(1) Notification of arrival. Any person who receives for transport or
brings or causes to be brought to the State as freight, air freight, baggage,
or otherwise, for the purpose of debarkation or entry therein, or as ship's
stores, any of the foregoing articles, shall, immediately upon the arrival
thereof, notify the department, in writing, of the arrival, giving the waybill
number, container number, name and address of the consignor, name and address
of the consignee or the consignee's agent in the State, marks, number of
packages, description of contents of each package, port at which laden, and any
other information that may be necessary to locate or identify the same, and
shall hold such articles at the pier, airport, or any other place where they
are first received or discharged, in such a manner that they will not spread or
be likely to spread any infestation or infection of pests, including
insects or diseases that may be present until inspection and examination can be
made by the inspector to determine whether or not any article, or any portion
thereof, is infested or infected with or contains any pest. The department may adopt rules to require
identification of specific articles on negotiable and non-negotiable warehouse
receipts, bills of lading, or other documents of title for inspection of
pests. In addition, the department shall
adopt rules to designate restricted articles that shall [require]:
(A) [A] Require a permit from
the department in advance of importation; [or]
(B) [A] Require a department
letter of authorization or registration in advance of importation[.];
or
(C) Be imported pursuant to a compliance
agreement.
The restricted articles shall include but not be limited to certain microorganisms or living insects. Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section;
(2) Individual passengers, officers, and crew.
(A) It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii plant and animal declaration form to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon. All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State the articles listed on the form, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members. Any person who defaces the declaration form required under this section, gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section;
(B) Completed forms shall be collected by the transportation company and be delivered, immediately upon arrival, to the inspector at the first airport or seaport of arrival. Failure to distribute or collect declaration forms or to immediately deliver completed forms is a violation of this section; and
(C) It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch. Failure to comply with this requirement is a violation of this section;
(3) Plant and animal declaration form. The form shall include directions for declaring domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter;
(4) Labels. Each container in which any of the above‑mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container. Upon failure to comply with this paragraph, the importer or carrier is in violation of this section;
(5) Authority to inspect. [Whenever the inspector has good cause to
believe that the provisions of this chapter are being violated, the] An
inspector [may]:
(A) May conduct inspections of person, baggage, cargo, and any other articles destined for movement between the islands of Hawaii or importation into this State from the continental United States, Guam, Puerto Rico, or the United States Virgin Islands for the purpose of determining whether an insect, pest, disease, or regulated or restricted taxa is present;
[(A) Enter] (B) May enter and inspect any aircraft,
vessel, or other carrier at any time after its arrival within the boundaries of
the State, whether offshore, at the pier, or at the airport, and enter into
or upon any pier, warehouse, airport, or any other place in this State for
the purpose of [determining whether any of the articles or pests enumerated
in this chapter or rules adopted thereto, is present;
(B) Enter into or upon any pier,
warehouse, airport, or any other place in the State where any of the
above-mentioned articles are moved or stored, for the purpose of ascertaining,
by inspection and examination, whether or not any of the articles is infested
or infected with any pest or disease or contaminated with soil or contains
prohibited plants or animals; and] conducting inspections authorized by
subparagraph (A);
(C) [Inspect any baggage or personal
effects of disembarking passengers, officers, and crew members on aircraft or
vessels arriving in the State to ascertain if they contain any of the articles
or pests enumerated in this chapter. No]
Shall inform passengers and crew members that their baggage [or] and
other personal effects [of the passengers or crew members] shall not
be released until the baggage [or] and personal effects have been
passed[. Baggage or]; and
(D) Shall have the discretion to inspect
baggage and cargo [inspection shall be made at the discretion of the
inspector,] on the pier, vessel, or aircraft or in any quarantine or
inspection area[.
Whenever
the inspector has good cause to believe that the provisions of this chapter are
being violated, the inspector may require that any box, package, suitcase, or
any other container carried as ship's stores, cargo, or otherwise by any vessel
or aircraft moving between the continental United States and Hawaii or between
the Hawaiian Islands, be opened for inspection to determine whether any article
or pest prohibited by this chapter or by rules adopted pursuant thereto is
present. It is a violation of this
section if any prohibited article or any pest or any plant, fruit, or vegetable
infested with plant pests is found];
(6) Request for importation and
inspection. In addition to requirements
of the appropriate United States [customs] authorities concerning
invoices or other formalities incident to importations into the State, the
importer shall be required to file a written statement with the department,
signed by the importer or the importer's agent, setting forth the importer's
desire to import certain of the above-mentioned articles into the State and:
(A) Giving the following additional information:
(i) The kind (scientific name), quantity, and description;
(ii) The locality where same were grown or produced;
(iii) Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately prior to importation or have been specifically approved for importation by the board;
(iv) The port from which the same were last shipped;
(v) The name of the shipper; and
(vi) The name of the consignee; and
(B) Containing:
(i) A request that the department, by its duly authorized agent, examine the articles described;
(ii) An agreement by the importer to be responsible for all costs, charges, or expenses; and
(iii) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.
Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;
(7) Place of inspection. If, in the judgment of the inspector, it is
deemed necessary or advisable to move any [of the above-mentioned articles,
or any portion thereof,] item or material to a place more suitable
for inspection than the pier, airport, or any other place where they are first
received or discharged, the inspector is authorized to do so. All costs and expenses incident to the
movement and transportation of the [articles] items or material
to such place shall be borne by the importer or the importer's agent. If the importer, importer's agent, or
transportation company requests inspection of sealed containers [of the
above-mentioned articles] at locations other than where the [articles]
containers are first received or discharged and the department
determines that inspection at such place is appropriate, the department may
require payment of costs necessitated by these inspections, including overtime
costs;
(8) Disinfection or quarantine. If, upon inspection, any [article] item
or material received or brought into the State for the purpose of
debarkation or entry therein or moved between islands of the State is
found to be infested or infected or there is reasonable cause to presume that
it is infested or infected and the infestation or infection can, in the
judgment of the inspector, be eradicated, a treatment shall be given such [article.]
item or material. The treatment
shall be at the expense of the owner or the owner's agent, and the treatment
shall be as prescribed by the department.
The article shall be held in quarantine at the expense of the owner or
the owner's agent at a satisfactory place approved by the department for a
sufficient length of time to determine that eradication has been
accomplished. If the infestation or
infection is of such nature or extent that it cannot be effectively and
completely eradicated, or if it is a potentially destructive pest or it is not
widespread in the State, or after treatment it is determined that the
infestation or infection is not completely eradicated, or if the owner or the
owner's agent refuses to allow the article to be treated or to be responsible
for the cost of treatment and quarantine, the article, or any portion thereof,
together with all packing and containers, may, at the discretion of the
inspector, be destroyed or sent out of the State at the expense of the owner or
the owner's agent. Such destruction or exclusion
shall not be made the basis of a claim against the department or the inspector
for damage or loss incurred;
(9) Disposition. Upon completion of inspection, either at the
time of arrival or at any time thereafter should any [article] item
or material be held for inspection, treatment, or quarantine, the inspector
shall affix to the [article] item or material or the container or
to the delivery order in a conspicuous place thereon, a tag, label, or stamp to
indicate that the [article] item, material, or container has been
inspected and passed. This action shall
constitute a permit to bring the [article] item, material, or
container into the State; and
(10) Ports of entry. None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board."
SECTION 14. Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In legal effect, articles landed for the
purpose of inspection or quarantine shall be construed to be still outside the
State seeking entry, and shall not, in whole or in part, be considered suitable
for entry into the State unless a tag, label, or stamp has been affixed to the
article, its container, or its delivery order by the inspector as provided in
section [150A-5(9),] 150A-5(b)(9), except that articles
quarantined in the biocontrol containment facilities of the department or of
other government agencies engaged in joint projects with the department may be
released upon issuance of a permit approved by the board."
SECTION 15. Section 150A-6.1, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The department shall designate, by rule, as
restricted plants, specific plants that may be detrimental or potentially
harmful to agriculture, horticulture, the environment, or animal or public
health, or that spread or may be likely to spread an infestation or infection
of an insect, pest, or disease that is detrimental or potentially harmful to
agriculture, horticulture, the environment, or animal or public health. In addition, plant species designated [by
rule] pursuant to chapter 152 as noxious weeds are designated as
restricted plants."
2. By amending subsections (d) and (e) to read:
"(d) Noxious weeds may be imported only for
research, by permit, and shall not be offered for sale [or], sold
[in], or transported within the State[.], except for
the purposes of appropriate disposal under or permit or methods approved by the
state plant regulatory official.
(e) No person shall import, offer for sale, or
sell within the State any plant or propagative portion of Salvinia molesta [or],
Salvinia minima [and], Pistia stratiotes[.], or Falcataria
moluccana (Albizia)."
SECTION 16. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:
"§150A-8
Transporting in State. (a) Flora [and], fauna, pest
host material, and any other item or material specified by [rules and
regulations of] the department shall not be moved from one island to
another island within the State or from one locality to another on the same
island except by a permit issued by the department[.], or pursuant to
a compliance agreement approved by the department.
(b) The transport, harboring, rearing, or
breeding of any pest is prohibited.
(c) The transportation of any pest host material
that is infested or infected with an insect, disease, or pest between the
islands or from one part or locality of any island to another part or locality
of the same island is prohibited unless the pest host material has been
subjected to an appropriate treatment, as approved by the state plant
regulatory official. Appropriate
treatment may include pesticide or fumigation treatment. The state plant regulatory official may,
however, authorize the transportation of an untreated infested or infected pest
host material to an island or location where the pest is known to be
established.
(d) Notwithstanding subsections (a), (b), and
(c), pests or plants, plant parts, soil, or pest host material infested or
infected with a pest may be transported without inspection between islands or
between parts or localities of the same island:
(1) For diagnostics, research, testing, or educational purposes by the department; or
(2) Pursuant to a permit approved by the
state plant regulatory official and issued to an institution approved by the
board, a government agency, or a university for research, testing, or
educational purposes at a site inspected and approved by the state plant
regulatory official before the transport occurs.
(e) The state plant regulatory official may
prohibit the movement of any pest host material that is offered for sale, for
barter, or by donation or otherwise to be given away to the public if the state
plant regulatory official determines that the pest host material is infested or
infected with an insect, disease, or pest.
The state plant regulatory official may compel treatment or destruction
of the material as set out in this section.
If such material was or is stored in an area that is infested or
infected with an insect, disease, or pest, the state plant regulatory official
may require appropriate treatment of the area prior to authorizing the movement
of the material.
(f) An item subject to the prohibition in
subsection (e) shall be:
(1) Subjected to a treatment to eradicate the insect, disease, or pest, as approved and supervised by the state plant regulatory official;
(2) Destroyed using a method approved and supervised by the state plant regulatory official;
(3) Transported only pursuant to a
permit issued by the state plant regulatory official; or
(4) Subject to any other disposition approved by the state plant regulatory official, including the transportation of untreated infested or infected pest host material or an insect, disease, or pest to an island or location where the target insect, disease, or pest is known to be established.
(g) The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this section, including the treatment, quarantine, or destruction of any item."
SECTION 17. Section 150A-53, Hawaii Revised Statutes, is amended to read as follows:
"§150A-53 General actions to achieve objectives. (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:
(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;
(2) Establish, operate, or participate in operating port‑of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:
(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and
(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;
(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;
(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;
(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;
(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and
(7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State.
(b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors.
(c) The plant nursery licensing program
established under part of this
chapter:
(1) Shall be considered to be a part of
the biosecurity program; and
(2) May be administered and enforced
using the officials of and funds available to the biosecurity program."
PART IV
SECTION 18. Chapter 152, Hawaii Revised Statutes, is amended by adding nine new sections to be appropriately designated and to read as follows:
"§152-A Noxious weed designations; changes. (a) The board:
(1) At meetings held in May and November
of each year, shall accept applications for noxious weed designations for
consideration; and
(2) May accept applications at meetings
held at other times of year,
provided
that the public shall be given timely notice of the board's meetings and the
board's acceptance of applications.
(b) The board shall accept
applications in any form, including electronic applications, permitted by the
state plant regulatory official.
(c) The state plant regulatory official:
(1) Shall review each application;
(2) May seek additional information from the applicant;
(3) May conduct additional research
related to the application, including research of literature reviews, surveys,
discussions with other states, and field investigations;
(4) May submit to the advisory committee
on plants and animals established under section 150A-10, and any subcommittee
of that committee, the application for review, for the purposes of assisting
the board in considering the application;
(5) Shall consider all oral and written comments submitted under section 152-C(b) and may incorporate those comments in the state plant regulatory official's review of the application; and
(6) Shall make a recommendation to the board regarding each application.
(d) The board shall vote on each change to a
noxious weed designation requested in an application at the subsequent meeting
timely held after the period for public notification and input described in
section 152-C.
(e) Upon approval by the board of a change to a
noxious weed designation, the order to make that change to the noxious weed
designation shall take effect ten days after the department posts public notice
of the order in a daily or weekly publication of statewide circulation or in
separate daily or weekly publications whose combined circulation is statewide
and on the publicly available internet website of the department.
(f) Nothing in this section shall be construed to prevent the department or the board from considering an action related to a noxious weed on an expedited or emergency basis at any time.
§152-B Applications. (a)
An application seeking a change to the list of noxious
weeds may be submitted by any person.
(b) An application shall be submitted for the
board's consideration at a meeting described in section 152-A(a).
(c) Each application shall include:
(1) The name, address, and contact information of the applicant;
(2) A description of the applicant's
requested change to the noxious weed designation;
(3) Evidence that the board may use to
determine if the requested change will be made; and
(4) Any other information the state
plant regulatory official may reasonably require, as specified on a form
provided by the state plant regulatory official.
(d) An application to designate a new taxon as a
noxious weed shall include:
(1) The taxon's:
(A) Scientific name and author;
(B) Common synonyms;
(C) Botanical classification; and
(D) Common names;
(2) The class of noxious weed requested for the taxon;
(3) A description of the geographic area
in this State that is free or reasonably free of the taxon;
(4) Information describing how the taxon can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; and
(5) A list of references to support the information provided in the application.
(e) An application to remove the designation of
noxious weed for a plant taxon shall include evidence that the plant:
(1) Cannot directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; or
(2) Is eligible for special
consideration for crops under section 152-F.
(f) An application to change the class
designation of a noxious weed shall include evidence that the noxious weed
meets the description of the proposed class as established in section 152-4.
§152-C Public notification and input for changes to noxious weed
designations. (a)
No later than fourteen days after an application is submitted at a board
meeting pursuant to section 152-A(a), the state plant regulatory
official shall issue a press release
and provide notices to the office of planning and sustainable development for
publication and to each person who has made a timely written request of the
department for notice of an application.
The press release and notices shall include:
(1) A statement summarizing each change to a noxious weed designation requested in an application;
(2) A statement that a copy of the
application will be mailed to any interested person who requests a copy upon
payment in advance of costs for photocopying, preparing, and mailing the copy
and that a copy of the application will be made available on the publicly
available website of the department;
(3) A statement as to where to obtain a copy of the application for inspection, or for pickup after payment in full for costs for photocopying and preparing; and
(4) A statement that the department is soliciting comments regarding the requested change to a noxious weed designation, which shall include the procedure for submitting comments.
(b) During the three-month period after an
application is submitted at a board meeting, any interested person, educational
institution, or government entity may:
(1) Provide oral comments on the application at any regularly scheduled meeting of the board; and
(2) Provide written comments on the
application to the board and the state plant regulatory official.
§152-D Emergency designations. (a) Notwithstanding any other provision of this
chapter or any other law to the contrary:
(1) If the department finds an incipient
infestation of a plant taxon is directly or indirectly injuring or causing
damage to crops (including nursery stock or plant products), livestock,
poultry, or other interests of agriculture, irrigation, navigation, the natural
resources of the State, the public health, or the environment without immediate
action, the department may proceed without prior notice or upon a minimum of
forty-eight hours notice and hearing to adopt an emergency rule for the
eradication of that infestation;
(2) An emergency rule described in paragraph (1) shall be effective for a period not longer than one hundred eighty days, without the possibility of renewal; and
(3) The department may establish, implement, and enforce interim rules governing the transportation of noxious weeds or taxa eligible to be designated as noxious weeds into or within the State, as provided in section 150A-9.5.
(b) During the period that an emergency rule is
in effect under subsection (a), the state plant regulatory official shall make
an application for the board to order on an expedited basis the designation of
the taxon as a noxious weed.
§152-E Publication of noxious weed designations. The
state plant regulatory official shall make available to the public and publish on the publicly available
website of the department the list of noxious weeds designated under this
chapter. The list shall include:
(1) Information on which noxious weeds
are respectively designated as class A, class B, and class C noxious weeds; and
(2) The geographic area declared free or reasonably free of each noxious
weed.
§152-F Special consideration for crops. (a) The board may defer designating a plant taxon
as a noxious weed or removing a noxious weed designation from a plant taxon if
the plant taxon:
(1) Is, or is intended to be,
commercially cultivated in the State as a crop; and
(2) Is, or will be, cultivated using practices that prevent it from directly or indirectly injuring or causing damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of this State, the public health, or the environment.
(b) The board may require conditions, including a
bond or a compliance agreement, for the cultivation of a plant taxon for which
the board has deferred a designation or removed from designation pursuant to
subsection (a).
(c) The board shall designate as a noxious weed a
plant taxon that is cultivated as a crop that for which the board deferred a
designation or removed from designation pursuant to subsection (a) if the plant
becomes invasive or is otherwise no longer described in subsection (a)(2).
§152-G Noxious weed control or eradication programs. (a) The state plant regulatory
official may develop and implement a
program to control or eradicate a specific noxious weed if the state
plant regulatory official determines
that the control or eradication program is feasible and practicable.
(b) Each control or eradication
program developed under subsection (a) shall:
(1) Use the best available technology
and use the technology in a manner consistent with State and federal law;
(2) Specify the geographic area where
the program will be carried out, which may be a section of an island, an
island, a group of islands, or the entire State;
(3) Minimize collateral damage to crops,
property, the environment, and native species;
(4) Include a description of the
specific methods to be employed to control or eradicate the noxious weed;
(5) Include a description of the surveys and monitoring that will be required before and after the specific methods to control or eradicate are employed;
(6) Include an assessment of whether the department will seek any quarantine related to the control or eradication program; and
(7) Include an approximate time frame to carry out the control or eradication program.
(c) If the department or agent of the department
needs to enter onto private property to conduct detection and delimitation
surveys or otherwise carry out or maintain the control or eradication program,
but the owner or occupier of the property refuses to grant entry to the
department or its agent, the department or agent may gain entry pursuant to
section 141‑3.6 to the extent necessary to carry out or maintain the
control or eradication program, unless the property is a dwelling place.
(d) The state plant regulatory official may seek the board's approval for a control or eradication program developed under this section if the state plant regulatory official believes that the board's approval is likely to make the program more successful.
(e) This section shall not apply to efforts by
the department to control a noxious weed using only the release of a biological
control agent.
§152-H Noxious weed control on leased state lands. Any
person that leases state lands for livestock grazing or any agricultural
purpose shall agree in the lease agreement to control any noxious weed on such
lands to the extent required by the department.
§152-I Penalties. (a)
The department may establish, impose, and collect administrative fines
or bring legal action to recover administrative costs of the department,
payment for damages, or costs to correct damages resulting from violations of
this chapter or any rule adopted thereunder.
(b) The department, at its discretion, may refuse
entry into this State of, confiscate, or destroy any noxious weed or article
infested with a noxious weed that a person brings or attempts to bring into the
State or that is offered for sale, sold, or transported in violation of this
chapter, or, in the case of importation, order the return of any noxious weed
or any article infested with a noxious weed to its place of origin or otherwise
dispose of it or a part thereof as may be necessary to comply with this
chapter.
(c) The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this chapter, including the treatment, quarantine, destruction, or return of any item."
SECTION 19. Section 152-1, Hawaii Revised Statutes, is amended as follows:
1. By adding six new definitions to be appropriately inserted and to read:
""Agent
of the department" means:
(1) The applicable invasive species
committee; or
(2) Any other person,
acting
on behalf of the department of agriculture.
"Application"
means an application seeking a change to the list of noxious weeds.
"Board"
means the board of agriculture.
"Invasive species committee" shall have the same meaning as in section 141-3.5(e).
"Noxious
weed designation" means a designation on the list of noxious weeds.
"State plant regulatory official" shall have the same meaning as in section 150A-2."
2. By amending the definition of "control noxious weed" to read:
""Control noxious weed" means to limit the spread of a specific noxious weed, including quarantining material infested with the noxious weed, and to reduce its density to a degree where its injurious, harmful, or deleterious effect is reduced to a tolerable level."
3. By amending the definition of "eradicate noxious weed" to read:
""Eradicate noxious weed" means to completely destroy and eliminate existing plant growth, seeds, and vegetative reproductive plant parts of a specific noxious weed from a given locality. "Eradicate noxious weed" includes quarantining material infested with the noxious weed."
4. By amending the definition of "noxious weed" to read:
""Noxious
weed" means any plant [species which is, or which may be likely to
become, injurious, harmful, or deleterious to the agricultural, horticultural,
aquacultural, or livestock industry of the State and to forest and recreational
areas and conservation districts of the State, as determined and designated by
the department from time to time.] or plant product that can directly or
indirectly injure or cause damage to crops (including nursery stock or plant
products), livestock, poultry, or other interests of agriculture, irrigation,
navigation, the natural resources of the State, the public health, or the
environment."
SECTION 20. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:
"§152-2
Rules. Subject to chapter 91,
the department may [make] adopt rules [to effectuate] necessary
for the purposes of this chapter[, including but not limited to the
following:
(1) Establishment of criteria and
procedures for the designation of plant species as noxious weeds for the
purposes of this chapter;
(2) Establishment of procedures and
conditions for the initiation of cooperative agreements with landowners and
land occupiers for the purpose of eradicating or controlling noxious weed
infestations;
(3) Control or eradication of noxious
weeds when deemed economically feasible]."
SECTION 21. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:
"§152-3
Prohibited and permitted acts. [It] (a) Except as provided in subsection (b), it
shall be unlawful to [introduce or to transport specific] import into
this State or sell, offer for sale, or transport within this State noxious
weeds or their seeds or vegetative reproductive parts [into any area
designated pursuant to section 152-5 as free or reasonably free of those
noxious weeds; provided that the introduction or transportation of those
noxious weeds may be permitted for educational or research purposes when
authorized by a permit issued by the department].
(b) The prohibition in subsection (a) does not
apply to:
(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;
(2) The movement of a properly prepared herbarium specimen; or
(3) The movement of plant material by authorized employees of the department or an agent of the department acting in the course of official duties;
(4) Noxious weed imported for research
pursuant to a permit issued by the state plant regulatory official; or
(5) Noxious weed transported for educational or research purposes or for proper disposal of removed material under methods approved by, or pursuant to a permit issued by, the state plant regulatory official.
(c) The department may establish fees for permits issued under this section."
SECTION 22. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:
"§152-4
Designation of noxious [weed.] weeds; classes of noxious
weeds. (a) The [department] board may
designate certain plant [species] taxa as noxious weeds [following
the criteria and procedures established under section 152-2(1).] pursuant
to this chapter and rules adopted pursuant to this chapter.
(b) The department shall publish and make
available on its website a list of noxious weeds [to interested
persons.] designated pursuant to this chapter.
(c) A plant taxon shall be designated as a
noxious weed if the board determines that that the plant could directly or
indirectly injure or cause damage to crops (including nursery stock or plant
products), livestock, poultry, or other interests of agriculture, irrigation, navigation,
the natural resources of the State, the public health, or the environment.
(d) The board shall designate each noxious weed
as a class A, class B, or class C noxious weed; provided that in determining
the class to which a noxious weed should be designated, the following standards
shall apply:
(1) Class A noxious weeds:
(A) Are not known to occur or are of very limited distribution in this State;
(B) Are a high priority for control or eradication if an infestation was discovered in the State; and
(C) When detected, shall be subject to control or eradications actions by the department or an agent of the department, subject to the availability of funds;
(2) Class B noxious weeds:
(A) Are known to occur in the State but are of limited distribution on one or more islands;
(B) Are a high priority for control or eradication in a given area; and
(C) Shall be managed on a priority basis, by the department or an agent of the department, as resources allow; and
(3) Class C noxious weeds are those noxious weeds that are not a class A or class B noxious weeds."
SECTION 23. Section 152-5, Hawaii Revised Statutes, is amended to read as follows:
"§152-5
Designation of areas declared free or reasonably free of noxious weeds. (a)
The [department] board may declare the entire State, an
island, or a section of an island as free or reasonably free of a specific
noxious weed. The department shall take
necessary measures to restrict the introduction and establishment of specific
noxious weeds in areas declared free or reasonably free of those noxious weeds.
(b) A change to the geographic area declared free or reasonably free of a specific noxious weed shall be made by order of the board under the procedures for a change to a noxious weed designation set out in this chapter."
SECTION 24. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:
"§152-6
Duties of the department; noxious weed control and eradication. (a)
The department shall maintain a constant vigilance for incipient
infestations of specific noxious weeds [on islands] in locations
declared reasonably free from those weeds, and shall use those procedures and
methods to control or eradicate the infestations of noxious weeds as are
determined to [be]:
(1) Be feasible and practicable[.];
and
(2) Minimize collateral damage to crops,
property, the environment, and native species.
(b) [When the] The department [determines
that an infestation of a certain noxious weed exists on an island declared
reasonably free from the weed, the department shall immediately conduct
investigations and surveys as are necessary to determine the feasibility and
practicability of controlling or eradicating the infestation. The department may also conduct
investigations and surveys to determine the feasibility and practicability of
controlling widespread noxious weed infestations. The methods of control or eradication adopted
by the department for any noxious weed infestation shall cause as little damage
to crops and property as possible.] or an agent of the department:
(1) Shall conduct detection and delimitation surveys of noxious weeds, and to the extent necessary and permitted by law, shall access private property in areas declared reasonably free from those weeds;
(2) Shall determine the feasibility and practicability of controlling or eradicating infestations; and
(3) May conduct control or eradication actions in any area of the State, as determined appropriate by the state plant regulatory official.
(c) Upon determining that control or eradication
of an infestation is practicable and feasible, the department shall immediately
serve notice, either oral or written, on both the landowner of the property and
the [occupant] land occupier of the property [on] upon
which the infestations exist. Written
notice sent to the landowner's address last known to the department by
certified mail, postage prepaid, return receipt requested, shall be deemed
sufficient notice. [In the event that]
If certified mail is impractical because the department, despite
diligent efforts, cannot determine land ownership or because of urgent need to
initiate control or eradication measures, notice given once in a daily or
weekly publication of general circulation, in the county where any action or
proposed action will be taken, or notice made as otherwise provided by law,
shall be deemed sufficient notice. The
notice shall set forth all pertinent information with respect to the
infestation and notify the landowner and the land [occupant] occupier
of the procedure and methods of control or eradication.
(d) [Upon the department's notification
pursuant to subsection (c) above, the] The department or an agent
of the department may [enter into a cooperative agreement with the
landowner and land occupier for the control or eradication of the noxious weed
infestation. The procedures and
conditions for executing the cooperative agreement shall be in accordance with
rules adopted under section 152-2(2).] assist, free of cost, in the
control or eradication of noxious weeds, subject to the availability of funds.
(e) [Upon the department's notification
pursuant to subsection (c) above, the] The department may [entirely
undertake the eradication or control project when it has been determined that
the owner, occupier, or lessee of the land on which the noxious weed
infestation is located will not benefit materially or financially by the
control or eradication of the noxious weed; or when the noxious weed
infestation is on state‑owned land not leased or under control of private
interest.] may work cooperatively with a landowner or land occupier to
provide chemicals, materials, equipment, personnel, and services to the owner
or occupier to assist with the control or eradication of noxious weeds on
private property.
(f) Assistance provided by the department to control or eradicate noxious weeds in this State may include the appropriate distribution and release of beneficial insects, pathogens, and other biological control agents for the control or eradication of noxious weeds."
PART V
SECTION 25. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 26. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 27. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 28. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
HDOA; Invasive Species; Pests; Taxa; Environment; Quarantine
Description:
Facilitates the control and eradication of invasive species and pests. Establishes a plant nursery licensing program. Requires the Department of Agriculture to designate certain species as pests for control or eradication. Imposes certain limits on imports and transportation. Updates the method by which the Department's noxious weed list is updated.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.