Bill Text: HI SB2898 | 2024 | Regular Session | Introduced
Bill Title: Relating To Invasive Species.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-24 - Referred to AEN, JDC. [SB2898 Detail]
Download: Hawaii-2024-SB2898-Introduced.html
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THE SENATE |
S.B. NO. |
2898 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive species are a significant threat to the State's economy and natural environment. Invasive species in Hawaii have damaged habitats, increased wildfire risks, increased agricultural and livestock production costs, and contributed to the extinction of native species. To prevent and control invasive species, the State must prevent their entry into the State, contain any spread, and eradicate any existing infestations.
Accordingly, the purpose of this Act is to clarify the law on the detection and management of pests and invasive species to better facilitate prevention, containment, and eradication efforts.
PART II
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§141-
Definitions. As
used in this part:
"Invasive species committee" means an island-based voluntary
partnership, organized under the university of Hawaii's pacific cooperative
studies unit and staffed by employees of the research corporation of the
university of Hawaii, that works to prevent, control, or eliminate invasive
species, and includes the Big Island invasive species committee, Kauai invasive
species committee, Oahu invasive species committee, Maui invasive species
committee, and Molokai invasive species committee."
SECTION 3. 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, 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 or any other pest host material used in connection therewith,
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 or 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.
All rules adopted under this section shall have the force and effect of law."
SECTION 4. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture shall [designate]:
(1) Designate the coqui frog (Eleutherodactylus
coqui), coconut rhinoceros beetle (Oryctes rhinoceros), and little
fire ant (Wasmannia auropunctata) as [a pest. All other pest designations shall be
established] pests for control or eradication;
(2) Designate other taxa as pests for control
or eradication by rule[, including]; and
(3) Set out by rule the criteria and procedures for the designation of pests for control or eradication."
SECTION 5. 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 spread of the pest, including
(1) The quarantine of appropriate
materials within the infested area;
(2) Treatment to control or eradicate
the pest; and
(3) Outreach to affected communities.
(b) If the department of agriculture has not
developed or implemented a detailed control or eradication program for a taxa
designated as a pest for control or eradication pursuant to section 141-3 on an
island where the pest is a public nuisance, the applicable county, or an
invasive species committee, may develop and implement on the island a control
or eradication program for the pest.
[(b)]
(c) For any pest designated by
emergency rule as provided in section 141-3, the department of agriculture, applicable
county, or invasive species committee, 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, 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."
SECTION 6. 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, or invasive species committee 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, or
invasive species committee, 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, or member of the
invasive species committee, or any agent authorized by the department or
county may enter at reasonable times any private property other than dwelling
places to [maintain a pest] carry out a control or eradication
program[, being] developed under section 141-3.5, and shall be
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
department member, county employee, or committee member, 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
member, or any authorized agent in gaining entry onto the premises during
regular working hours or at other reasonable times."
SECTION 7. Section 141-6, Hawaii Revised Statutes, is amended to read as follows:
"§141-6
Appeal from [inspector's]
decision. 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 8. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§150A-
Designation of infested
and restricted areas. (a)
The department may designate by rule any area infested by pests. If an infested area is designated by rule,
including interim rule, the area may be expanded by an order of the board to
reflect the spread of a specific pest infestation and 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, but the board need not obtain an 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, prior to the effective
date of the designation; and
(4) Notice of the board's action,
including its effective date, is:
(A) Posted on the department's website within
one day of the board's action; and
(B) Published in a daily or weekly
publication of statewide circulation, or in separate daily or weekly
publications with a combined statewide circulation, within twelve days of the
board's action.
(b) The board's designation of an expanded
infested area shall be effective the day after the board's action, unless a
later effective date is specified by the board.
(c) If a pest is found outside the infested area
designated under subsection (a), the state plant regulatory official may make
an emergency, temporary designation making the area where the pest was found an
infested area. The emergency, temporary
designation shall expire in thirty days or at the next meeting of the board,
whichever is later."
SECTION 9. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§150A-
Examples of pests. (a) Taxa that are pests include:
(1) Oriental beetle – Anomala
orientalis Waterhouse, a serious insect pest of sugarcane;
(2) Fern weevil – Syagrius
fulvitarisis Pascoe, an insect pest injurious to fern plants;
(3) Giant African snail – Achatina
fulica Bowdich, a serious pest of horticultural and vegetable crops;
(4) Cactus mealybug – Dactylopius
opuntiae Cockerell and other insects that feed on Opuntia species of
cactus, pests injurious to cactus utilized for forage or ornamental purposes;
(5) Hunting billbug – Sphenophorus
venatus vestitus Chittenden, a serious insect pest of turf and range
grasses;
(6) Coconut scale – Aspidiotus
destructor Signoret, a serious insect pest of palms, bananas, and more than
four hundred more plants;
(7) Sugarcane smut – Ustilago scitaminea
Syd., a serious fungus disease of sugarcane;
(8) Papaya ringspot virus, a serious
virus disease of papaya;
(9) Orange spiny whitefly – Aleurocanthus
spiniferus Quaintance, a serious insect pest of rose and citrus;
(10) Bristly rose slug – Cladius
differmis Panzar, a pest injurious to the rose plant;
(11) Croton whitefly – Orchamplatus
mammaeferus Quaintance and Baker, a serious insect pest of croton and
citrus;
(12) Anthurium whitefly – Aleurotulus
sp., a serious insect pest of anthurium;
(13) An anthurium whitefly – Crenidorsum
sp., a serious insect pest of anthurium, philodendron, and monstera;
(14) Eurasian pine aphid – Pineus pini
Koch, a serious insect pest of pine;
(15) Fiery skipper – Hylephila phyleus
Drury, a serious pest of turf and pasture grasses and ornamental sedges;
(16) Taro root aphid – Pemphigus
sp., a serious pest of dryland taro;
(17) Eucalyptus canker – Cryphonectria
cubensis Bruner Hodges, a serious disease of Eucalyptus species;
(18) Giant salvinia - Salvinia molesta
Mitchell;
(19) Water spangles - Salvinia minima Baker;
(20) Water lettuce - Pistia stratiotes
L.;
(21) Fusarium wilt of banana – Fusarium
spp.;
(22) Citrus huanglongbing – Candidatus
Liberibacter spp., responsible for citrus greening;
(23) Palm lethal yellows – Candidatus
Phytoplasma spp., responsible for lethal diseases of palm;
(24) Colocasia bobone disease associated
virus – Cytorhabdovirus colocasiae, a lethal pathogen associated with
alomae bobone disease of taro;
(25) Sweet potato virus disease – Sweet
potato chlorotic stunt virus, a lethal disease of sweet potato;
(26) Hala scale – Thysanococcus pandani
Stickney, a serious pest of hala, an environmentally and culturally significant
indigenous plant;
(27) Macadamia felted coccid – Acanthococcus
ironsidei (Williams, 1973), a detrimental pest to the macadamia nut
industry in Hawaii;
(28) Acalolepta aesthetica
(Olliff), an invasive longhorn beetle that attacks many plant species;
(29) Two-lined spittlebug – Prosapia
bicincta (Say), a serious pest of range grasses;
(30) Citrus canker - Xanthomonas citri
subsp. citri, a serious disease of citrus;
(31) Citrus black spot – Phyllosticta
citricarpa (McAlpine) Aa, a serious disease of citrus; and
(32) Any taxa designated as a pest for control or eradication pursuant to chapter 4-69A, Hawaii Administrative Rules, including any taxa designated as a noxious weed pursuant to chapter 4-68, Hawaii Administrative Rules.
(b) 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."
SECTION 10. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§150A-
Abatement of a public
nuisance. (a)
Whenever it deems necessary, the department may require an inspection of
any orchards, nurseries, trees, plants, vegetables, vines or field crops or any
fruit packing house, storeroom, salesroom or any other place or thing within the
State.
(b) Any places, orchards, nurseries, trees,
plants, shrubs, vegetables, vines, fruit, field crops or articles found to be
infested or infected with any insects or other plant pests that are injurious
to fruits, plants, trees, vegetables, vines, grain or other field crops, or
with seeds, eggs, larvae or pupae of injurious insects or other pests liable to
spread to other places or localities, or of such a nature as to be a public
danger, shall be declared a public nuisance. The department shall give the
record owner or owners written notice that the articles, things or places are
infested or infected.
(c) Any authorized officer, employee or inspector
of the department may, where an urgent situation exists, abate any public
nuisance; provided that the officer, employee, or inspector shall:
(1) Do as little damage as possible to
the things or premises on which, or in which, the nuisance exists; and
(2) Provide subsequent notice of the
abatement, by mail, to the property owner or owners.
(d) The department shall not be liable for any loss incurred during the abatement of a public nuisance pursuant to this section; provided that this subsection shall not apply to abatement-related losses caused by the application of a pesticide in a faulty, careless or negligent manner.
(e) For purposes of this section,
a public nuisance shall include:
(1) A pest, other than a pest possessed
or moved in under a permit or compliance agreement; or
(2) A plant; crop; agricultural, horticultural, or forest commodity; or product that is infested with or harbors a pest."
SECTION 11. 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 12. Section 150A-2, Hawaii Revised Statutes, is amended as follows:
1. By adding six new definitions to be appropriately inserted and to read:
""Compliance
agreement" means a written agreement between the department and a person
who carries out commercial activities and that includes any terms or conditions
that the state plant regulatory official determines will slow or prevent the
spread of a pest. A compliance agreement
constitutes a permit issued by the department.
"Infested"
means harboring a pest.
"Infested
area" means an island or area within the State where a specific pest is
known to be established.
"Person"
means an individual, firm, corporation, association, partnership or other
entity, including a governmental or nonprofit entity.
"Pest
host material" means any plant, propagative plant part, non-propagative
plant part, soil, or any other thing that is transporting or harboring a pest.
"Restricted
area" means an island or locality within the State where a specific pest
is not known to be established, or where an eradication or control project is
being conducted by the department, or another entity recognized by the state
plant regulatory official."
2. By amending the definition of "pest" to read:
""Pest"
means [any]:
(1) Any plant, 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) A taxa determined
by the board[.] to be a pest."
SECTION 13. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:
"§150A-5
Conditions of importation. (a) The importation 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, 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 a pest, 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) Conduct inspections on the pier,
vessel, aircraft, or in any quarantine area, of any persons, baggage, cargo,
and any other articles destined for movement between the islands of Hawaii or
being imported into the State from the continental United States, Guam, Puerto
Rico, or the United States Virgin Islands, for purposes of determining whether
a regulated or restricted insect, pest, disease, or taxa is present; and
[(A)] (B) 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, or any other place in the State, for the
purpose of [determining whether any of the articles or pests enumerated in
this chapter or rules adopted thereto, is present;] conducting an inspection
pursuant to subparagraph (A);
[(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
(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
baggage or other personal effects of the passengers or crew members shall be
released until the baggage or effects have been passed.
Baggage
or 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 materials
to [such] a suitable 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]
items or materials at locations other than where the [articles] items
or materials are first received or discharged and the department determines
that inspection at [such] the 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.] the item or material shall be treated. 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] item
or material 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] item or material to
be treated or to be responsible for the cost of treatment and quarantine, the [article,]
item or material, 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] The 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 subsection (d) to read:
"(d) Noxious weeds may be imported only for research,
by permit, and shall not be offered for sale [or], sold, or
transported within in the State."
SECTION 16. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:
"§150A-8
Transporting in State. [Flora
and] (a) No flora, fauna,
pest host material, or 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) No pest shall be transported, harbored,
reared, or bred in the State.
(c) No pest host material that is infested or
infected with an insect, disease, or pest shall be transported between islands
or from one part or locality of any island to another part or locality of the
same island, unless:
(1) Fumigated, treated with pesticide,
or otherwise treated, as determined by the state plant regulatory official; or
(2) Approved by the state plant
regulatory official for transport to an island or location where the pest is
known to be established.
(d) Notwithstanding subsections (a), (b), and
(c), any pest or plant, 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) By the department for diagnostics,
research, testing, or educational purposes; or
(2) By an institution approved by the
board, a government agency, or a university for research, testing, or
educational purposes; provided that the destination site shall be inspected and
approved by the state plant regulatory official prior to transport.
(f) Pest host material subject to the prohibition
in subsection (e) shall be:
(1) Treated 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; or
(3) If not treated or destroyed:
(A) Transported only pursuant to a
permit issued by the state plant regulatory official; or
(B) Subjected 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 insect, disease, or pest is known to be
established.
(g) The State shall not be liable for any
economic losses or damages related to any actions taken by the department
pursuant to this section, including any treatment, quarantine, or the
destruction of any item."
PART IV
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect upon its approval.
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Report Title:
Invasive Species; Pests
Description:
Clarifies the law on the detection and management of pests and invasive
species.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
