REPORT TITLE:
Quarantine


DESCRIPTION:
Facilitates the importation of microorganisms for research and
commercial purposes.  Creates separate statutory sections for the
importation of plants, animals, and microorganisms.  Authorizes
the department of agriculture (DOA) to determine the risk level
for unlisted microorganism requests.  Authorizes DOA to issue an
emergency permit for the importation of listed and unlisted
microorganisms.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3199
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.



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

 1      SECTION 1.  Chapter 150A, Hawaii Revised Statutes, is
 
 2 amended by adding seven new sections to part II to be
 
 3 appropriately designated and to read as follows
 
 4      "150A-6.1   Plant import.  (a)  The board shall maintain a
 
 5 list of restricted plants that require a permit for entry into
 
 6 the State.  Restricted plants shall not be imported into the
 
 7 State without a permit issued pursuant to rules.
 
 8      (b)  The department shall designate, by rule, as restricted
 
 9 plants, specific plants that spread or may be likely to spread an
 
10 infestation or infection of an insect, pest, or disease that is
 
11 detrimental or potentially harmful to agriculture, horticulture,
 
12 the environment, or animal or public health.  In addition, plant
 
13 species designated by rule as noxious weeds are designated as
 
14 restricted plants.
 
15    150A-6.2  Animal import.  (a)  The board shall maintain:
 
16      (1)  A list of conditionally approved animals that require a
 
17           permit for import into the State;
 
18      (2)  A list of restricted animals that require a permit for
 
19           both import into the State and possession; and
 

 
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 1      (3)  A list of animals that are prohibited entry into the
 
 2           State.
 
 3      (b)  The board shall adopt rules, pursuant to chapter 91, to
 
 4 establish an advisory committee of no fewer than three members
 
 5 with applicable expertise in vertebrate biology to identify
 
 6 whether an animal is a prohibited hybrid animal when the
 
 7 department suspects that the lineage of the animal is not as
 
 8 stated by the owner or on other official documents.
 
 9      (c)  Animals on the lists of conditionally approved and
 
10 restricted animals shall be imported only by permit.  Any animal
 
11 that is not on the lists of conditionally approved, restricted,
 
12 or prohibited animals shall be prohibited until the board's
 
13 review and determination for placement on one of these lists;
 
14 provided that the department may issue a special permit on a
 
15 case-by-case basis for the importation and possession of an
 
16 animal that is not on the lists of prohibited, restricted, or
 
17 conditionally approved animals, for the purpose of remediating
 
18 medical emergencies or agricultural or ecological disasters, or
 
19 conducting medical or scientific research in a manner that the
 
20 animal will not be detrimental to agriculture, the environment,
 
21 or humans, if the importer of the animal can meet permit
 
22 requirements as determined by the board; and provided further
 
23 that the department may issue a short-term special permit on a
 

 
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 1 case-by-case basis not to exceed ninety days for the importation
 
 2 and possession of an animal that is not on the lists of
 
 3 prohibited, restricted, or conditionally approved animals for the
 
 4 purpose of filming, performance, or exhibition, if the importer
 
 5 of the animal can meet permit and bonding requirements as
 
 6 determined by the board.
 
 7      150A-6.3  Microorganism import.  (a)  The board shall
 
 8 maintain:
 
 9      (1)  A list of nonrestricted microorganisms allowed entry
 
10           into the State without a permit;
 
11      (2)  A list of restricted microorganisms that require a
 
12           permit for import into the State and possession; and
 
13      (3)  A list of microorganisms that are select human
 
14           pathogens allowed entry into the State without a permit
 
15           but that require the department to notify the
 
16           department of health of entry for the purpose of
 
17           possible department of health inspection and
 
18           monitoring.
 
19 Import of a microorganism on these lists, as well as import of
 
20 any unlisted microorganism, shall be subject to the notification,
 
21 labeling, and inspection requirements of section 150A-5, and is
 
22 allowed only as provided herein.
 
23      (b)  Import of a microorganism on the restricted list of
 

 
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 1 microorganisms shall be by permit issued pursuant to rules and
 
 2 subject to conditions established by rules; provided that, if the
 
 3 department in its discretion determines that import of a
 
 4 microorganism on the restricted list or the microorganism's
 
 5 proposed use presents a high risk to agriculture, horticulture,
 
 6 the environment, or animal or public health, the import request
 
 7 shall be subject to advisory committee review and board approval,
 
 8 including a determination that the importer is able to comply
 
 9 with conditions established by the board, before a permit may be
 
10 issued.
 
11      (c)  Import and possession of an unlisted microorganism may
 
12 be allowed based on the department's determination of the level
 
13 of risk presented by the import, including its proposed use, to
 
14 agriculture, horticulture, the environment, or animal or public
 
15 health.  Import shall be either by letter of authorization or
 
16 special permit issued by the department, without advisory
 
17 committee review or board approval, or, alternatively, by special
 
18 permit issued by the department subsequent to advisory committee
 
19 review and board approval, according to risk level as provided by
 
20 rule; provided that in the latter instance the importer is able
 
21 to comply with conditions established by the board.
 
22      (d)  The department may issue an emergency permit on a case-
 
23 by-case basis to a state or federal agency or state university to
 

 
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 1 allow import and possession of a microorganism on the list of
 
 2 restricted microorganisms or an unlisted microorganism for the
 
 3 purpose of remediating any emergency or disaster affecting
 
 4 agriculture, horticulture, the environment, or animal or public
 
 5 health; provided that:
 
 6      (1)  The board, without advisory committee review, first
 
 7           obtains advice from qualified persons with relevant
 
 8           expertise;
 
 9      (2)  The board determines that import in less time than is
 
10           required for issuance of a special permit under
 
11           subsections (b) and (c) as applicable, is necessary to
 
12           remediate the emergency or disaster; and
 
13      (3)  The importer is able to meet conditions established by
 
14           the board;
 
15      (e)  Microbial products may be imported as follows:
 
16      (1)  Microbial products containing certain strains of
 
17           microorganisms on the nonrestricted list of
 
18           microorganisms, as identified by rule, may enter the
 
19           State without a permit but shall not be imported
 
20           without a registration issued pursuant to rules.
 
21           Import of an unregistered microbial product required to
 
22           be registered with the department is a violation of
 
23           this section; and
 

 
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 1      (2)  Import of microbial products other than those products
 
 2           required to be registered pursuant to paragraph (1)
 
 3           shall be by permit or letter of authorization, as
 
 4           provided in subsections (b) and (c) as applicable.
 
 5      150A-6.4  Permit issuance; requirements.  Except as
 
 6 otherwise provided in this part, all permits referenced in
 
 7 sections 150A-6 through 150A-6.3 shall be issued pursuant to
 
 8 rules.  Any violation of conditions listed on the permits shall
 
 9 be a violation of this chapter.
 
10      150A-6.5  Animals; prohibition against possession, etc.;
 
11 exception.  No person shall possess, propagate, sell, transfer,
 
12 or harbor any animal included on the list of prohibited animals
 
13 maintained by the board, except upon a determination that the
 
14 species:
 
15      (1)  Was initially permitted entry and later prohibited
 
16           entry into the State; or
 
17      (2)  Was continually prohibited but unlawfully introduced
 
18           and is currently established in the State; and
 
19      (3)  Is not significantly harmful to agriculture,
 
20           horticulture, or animal or public health, and the
 
21           environment.
 
22 Under the circumstances described in this subsection, the board
 
23 may permit possession of the individual animal through its
 

 
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 1 registration with the department while still prohibiting the same
 
 2 species of animal from importation, propagation, transfer, and
 
 3 sale.
 
 4      150A-6.6  Import lists amendment.  Without regard to the
 
 5 notice and public hearing requirements of chapter 91, the board
 
 6 may adopt rules to make additions to or deletions from the lists
 
 7 required to be maintained in sections 150A-6.1 through
 
 8 150A-6.3; provided that the board shall adopt rules pursuant to
 
 9 chapter 91 to establish methods to obtain public input and notify
 
10 the public of additions to or deletions from the lists required
 
11 under sections 150A-6.1 through 150A-6.3.
 
12      150A-6.7  Permit revolving fund.  (a)  There is established
 
13 in the state treasury a revolving fund to be known as the permit
 
14 revolving fund to be administered by the department.  The permit
 
15 revolving fund shall consist of:
 
16      (1)  Legislative appropriations;
 
17      (2)  User fees as authorized by rule;
 
18      (3)  All interest earned on or accrued to moneys deposited
 
19           in the permit revolving fund;
 
20      (4)  Grants and gifts; and
 
21      (5)  Any other moneys made available to the permit revolving
 
22           fund from other sources.
 
23      (b)  The department shall expend moneys in the permit
 

 
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 1 revolving fund to:
 
 2      (1)  Facilitate the processing and issuance of permits;
 
 3      (2)  Amend lists of creatures prohibited or allowed for
 
 4           import;
 
 5      (3)  Comply with monitoring activities;
 
 6      (4)  Train personnel, and provide educational workshops,
 
 7           materials, and equipment; and
 
 8      (5)  For any other purpose deemed necessary to carry out the
 
 9           purposes of this part."
 
10      SECTION 2.  Section 150A-2, Hawaii Revised Statutes, is
 
11 amended by adding two new definitions to be appropriately
 
12 inserted and to read as follows:
 
13      ""Microbial product" means any product manufactured with
 
14 known cultures of microorganisms for the purpose of
 
15 bioremediation or bioaugmentation, including products such as
 
16 microbial pesticides.
 
17      "Unlisted microorganism" means any microorganism not on the
 
18 lists of nonrestricted or restricted microorganisms or on the
 
19 list of select human pathogen microorganisms."
 
20      SECTION 3.  Section 150A-5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "150A-5 Conditions of importation.  The importation into
 
23 the State of any of the following articles, viz., nursery-stock,
 

 
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 1 tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud,
 
 2 seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain,
 
 3 cereal, or legume in the natural or raw state; moss, hay, straw,
 
 4 dry-grass, or other forage; unmanufactured log, limb, or timber,
 
 5 or any other plant-growth or plant-product, unprocessed or in the
 
 6 raw state; soil; [bacteria, fungus, or virus;] microorganisms;
 
 7 live bird, reptile, nematode, insect, or any other animal in any
 
 8 stage of development (that is in addition to the so-called
 
 9 domestic animal, the quarantine of which is provided for in
 
10 chapter 142); box, vehicle, baggage, or any other container in
 
11 which such articles have been transported or any packing material
 
12 used in connection therewith shall be made in the manner
 
13 hereinafter set forth:
 
14      (1)  Notification of arrival.  Any person who receives for
 
15           transport or brings or causes to be brought to the
 
16           State as freight, air freight, baggage, or otherwise,
 
17           for the purpose of debarkation or entry therein, or as
 
18           ship's stores, any of the foregoing articles, shall,
 
19           immediately upon the arrival thereof, notify the
 
20           department, in writing, of the arrival, giving the
 
21           waybill number, container number, name and address of
 
22           the consignor, name and address of the consignee or the
 
23           consignee's agent in the State, marks, number of
 

 
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 1           packages, description of contents of each package, port
 
 2           at which laden, and any other information that may be
 
 3           necessary to locate or identify the same, and shall
 
 4           hold such articles at the pier, airport, or any other
 
 5           place where they are first received or discharged, in
 
 6           such a manner that they will not spread or be likely to
 
 7           spread any infestation or infection of insects or
 
 8           diseases that may be present until inspection and
 
 9           examination can be made by the inspector to determine
 
10           whether or not any article, or any portion thereof, is
 
11           infested or infected with or contains any pest.  In
 
12           addition, the department by rules shall designate
 
13           restricted articles that shall require a permit from
 
14           the department in advance of importation[.] and shall
 
15           designate other articles that shall require a
 
16           department letter of authorization or registration in
 
17           advance of importation.  The restricted articles shall
 
18           include[,] but not be limited to[, fungi, bacteria,
 
19           virus,] certain microorganisms or living insects.
 
20           Failure to obtain the permit, letter of authorization,
 
21           or registration in advance is a violation of this
 
22           section[.];
 
23      (2)  Individual passengers, officers, and crew.
 

 
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 1           (A)  It shall be the responsibility of the
 
 2                transportation company to distribute, prior to the
 
 3                debarkation of passengers and baggage, the State
 
 4                of Hawaii plant and animal declaration form to
 
 5                each passenger, officer, and crew member of any
 
 6                aircraft or vessel originating in the continental
 
 7                United States or its possessions or from any other
 
 8                area not under the jurisdiction of the appropriate
 
 9                federal agency in order that the passenger,
 
10                officer, or crew member can comply with the
 
11                directions and requirements appearing thereon.
 
12                All passengers, officers, and crew members,
 
13                whether or not they are bringing or causing to be
 
14                brought for entry into the State the articles
 
15                listed on the form, shall complete the
 
16                declaration, except that one adult member of a
 
17                family may complete the declaration for other
 
18                family members.  Any person who defaces the
 
19                declaration form required under this section,
 
20                gives false information, fails to declare
 
21                restricted articles in the person's possession or
 
22                baggage, or fails to declare in cargo manifests is
 
23                in violation of this section[.];
 

 
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 1           (B)  Completed forms shall be collected by the
 
 2                transportation company and be delivered,
 
 3                immediately upon arrival, to the inspector at the
 
 4                first airport or seaport of arrival.  Failure to
 
 5                distribute or collect declaration forms or to
 
 6                immediately deliver completed forms is a violation
 
 7                of this section[.]; and
 
 8           (C)  It shall be the responsibility of the officers and
 
 9                crew of an aircraft or vessel originating in the
 
10                continental United States or its possessions or
 
11                from any other area not under the jurisdiction of
 
12                the appropriate federal agency to immediately
 
13                report all sightings of any plants and animals to
 
14                the plant quarantine branch.  Failure to comply
 
15                with this requirement is a violation of this
 
16                section[.];
 
17      (3)  Plant and animal declaration form.  The form shall
 
18           include directions for declaring domestic and other
 
19           animals cited in chapter 142, in addition to the
 
20           articles enumerated in this chapter[.];
 
21      (4)  Labels.  Each container in which any of the above-
 
22           mentioned articles are imported into the State shall be
 
23           plainly and legibly marked, in a conspicuous manner and
 

 
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 1           place, with the name and address of the shipper or
 
 2           owner forwarding or shipping the same, the name or mark
 
 3           of the person to whom the same is forwarded or shipped
 
 4           or the person's agent, the name of the country, state,
 
 5           or territory and locality therein where the product was
 
 6           grown or produced, and a statement of the contents of
 
 7           the container.  Upon failure to comply with this
 
 8           paragraph, the importer or carrier is in violation of
 
 9           this section[.];
 
10      (5)  Authority to inspect.  Whenever the inspector has good
 
11           cause to believe that the provisions of this chapter
 
12           are being violated, the inspector may:
 
13           (A)  Enter and inspect any aircraft, vessel, or other
 
14                carrier at any time after its arrival within the
 
15                boundaries of the State, whether offshore, at the
 
16                pier, or at the airport, for the purpose of
 
17                determining whether any of the articles or pests
 
18                enumerated in this chapter or rules adopted
 
19                thereto, is present[.];
 
20           (B)  Enter into or upon any pier, warehouse, airport,
 
21                or any other place in the State where any of the
 
22                above-mentioned articles are moved or stored, for
 
23                the purpose of ascertaining, by inspection and
 

 
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 1                examination, whether or not any of the articles is
 
 2                infested or infected with any pest or disease or
 
 3                contaminated with soil or contains prohibited
 
 4                plants or animals[.]; and
 
 5           (C)  Inspect any baggage or personal effects of
 
 6                disembarking passengers, officers, and crew
 
 7                members on aircraft or vessels arriving in the
 
 8                State to ascertain if they contain any of the
 
 9                articles or pests enumerated in this chapter.  No
 
10                baggage or other personal effects of the
 
11                passengers or crew members shall be released until
 
12                the baggage or effects have been passed.
 
13                Baggage or cargo inspection shall be made at the
 
14           discretion of the inspector, on the pier, vessel, or
 
15           aircraft or in any quarantine or inspection area.
 
16                Whenever the inspector has good cause to believe
 
17           that the provisions of this chapter are being violated,
 
18           the inspector may require that any box, package,
 
19           suitcase, or any other container carried as ship's
 
20           stores, cargo, or otherwise by any vessel or aircraft
 
21           moving between the continental United States and Hawaii
 
22           or between the Hawaiian Islands, be opened for
 
23           inspection to determine whether any article or pest
 

 
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 1           prohibited by this chapter or by rules adopted pursuant
 
 2           thereto is present.  It is a [violation of] violation
 
 3           of this section if any prohibited article or any pest
 
 4           or any plant, fruit, or vegetable infested with plant
 
 5           pests is found[.];
 
 6      (6)  Request for importation and inspection.  In addition to
 
 7           requirements of the United States customs authorities
 
 8           concerning invoices or other formalities incident to
 
 9           importations into the State, the importer shall be
 
10           required to file a written statement with the
 
11           department, signed by the importer or the importer's
 
12           agent, setting forth the importer's desire to import
 
13           certain of the above-mentioned articles into the State
 
14           and [giving]:
 
15           (A)  Giving the following additional information:
 
16                [the]
 
17                (i)  The kind (scientific name), quantity, and
 
18                     description; [the]
 
19               (ii)  The locality where same were grown or
 
20                     produced; [the certification]
 
21              (iii)  Certification that all animals to be imported
 
22                     are the progeny of captive populations or
 
23                     have been held in captivity for a period of
 

 
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 1                     one year immediately prior to importation or
 
 2                     have been specifically approved for
 
 3                     importation by the board; [the]
 
 4               (iv)  The port from which the same were last
 
 5                     shipped; [the]
 
 6                (v)  The name of the shipper; and [the]
 
 7               (vi)  The name of the consignee[.  The statement
 
 8                     shall also contain:]; and
 
 9           (B)  Containing:
 
10          [(A)] (i)  A request that the department, by its duly
 
11                authorized agent, examine the articles described;
 
12          [(B)] (ii)  An agreement by the importer to be
 
13                responsible for all costs, charges, or expenses;
 
14                and
 
15          [(C)] (iii)  A waiver of all claims for damages incident
 
16                to the inspection or the fumigation, disinfection,
 
17                quarantine, or destruction of the articles, or any
 
18                of them, as hereinafter provided, if any treatment
 
19                is deemed necessary.
 
20                Failure or refusal to file a statement, including
 
21           the agreement and waiver, is a violation of this
 
22           section and may, in the discretion of the department,
 
23           be sufficient cause for refusing to permit the entry of
 

 
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 1           the articles into the State[.];
 
 2      (7)  Place of inspection.  If, in the judgment of the
 
 3           inspector, it is deemed necessary or advisable to move
 
 4           any of the above-mentioned articles, or any portion
 
 5           thereof, to a place more suitable for inspection than
 
 6           the pier, airport, or any other place where they are
 
 7           first received or discharged, the inspector is
 
 8           authorized to do so.  All costs and expenses incident
 
 9           to the movement and transportation of the articles to
 
10           such place shall be borne by the importer or the
 
11           importer's agent. If the importer, importer's agent, or
 
12           transportation company request inspection of sealed
 
13           containers of the above-mentioned articles at locations
 
14           other than where the articles are first received or
 
15           discharged and the department determines that
 
16           inspection at such place is appropriate, the department
 
17           may require payment of costs necessitated by these
 
18           inspections, including overtime costs;
 
19      (8)  Disinfection or quarantine.  If, upon inspection, any
 
20           article [so] received or brought into the State for the
 
21           purpose of debarkation or entry therein is found to be
 
22           infested or infected or there is reasonable cause to
 
23           presume that it is infested or infected and the
 

 
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 1           infestation or infection can, in the judgment of the
 
 2           inspector, be eradicated, a treatment shall be given
 
 3           such article.  The treatment shall be at the expense of
 
 4           the owner or the owner's agent, and the treatment shall
 
 5           be as prescribed by the department.  The article shall
 
 6           be held in quarantine at the expense of the owner or
 
 7           the owner's agent at a satisfactory place approved by
 
 8           the department for a sufficient length of time to
 
 9           determine that eradication has been accomplished.  If
 
10           the infestation or infection is of such nature or
 
11           extent that it cannot be effectively and completely
 
12           eradicated, or if it is a potentially destructive pest
 
13           or it is not widespread in the State, or after
 
14           treatment it is determined that the infestation or
 
15           infection is not completely eradicated, or if the owner
 
16           or the owner's agent refuses to allow the article to be
 
17           treated or to be responsible for the cost of treatment
 
18           and quarantine, the article, or any portion thereof,
 
19           together with all packing and containers, may, at the
 
20           discretion of the inspector, be destroyed or sent out
 
21           of the State at the expense of the owner or the owner's
 
22           agent.  Such destruction or exclusion shall not be made
 
23           the basis of a claim against the department or the
 

 
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 1           inspector for damage or loss incurred[.];
 
 2      (9)  Disposition.  Upon completion of inspection, either at
 
 3           the time of arrival or at any time thereafter should
 
 4           any article be held for inspection, treatment, or
 
 5           quarantine, the inspector shall affix to the article or
 
 6           the container or to the delivery order in a conspicuous
 
 7           place thereon, a tag, label, or stamp to indicate that
 
 8           the article has been inspected and passed.  This action
 
 9           shall constitute a permit to bring the article into the
 
10           State[.]; and
 
11     (10)  Ports of entry.  None of the articles mentioned in this
 
12           section shall be allowed entry into the State except
 
13           through the airports and seaports in the State
 
14           designated and approved by the board."
 
15      SECTION 4.  Section 150A-6, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "150A-6  Soil, plants, animals, etc., importation or
 
18 possession prohibited.  [(a)]  No person shall transport, receive
 
19 for transport, or cause to be transported to the State, for the
 
20 purpose of debarkation or entry thereinto, any of the following:
 
21      (1)  Soil; provided that limited [[]quantities[]] of soil
 
22           may be imported into the State for experimental or
 
23           other scientific purposes under permit with conditions
 

 
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 1           prescribed by the department;
 
 2      (2)  Rocks, plants, plant products, or any article with soil
 
 3           adhering thereto;
 
 4      (3)  Any live snake, flying fox, fruit bat, Gila monster,
 
 5           injurious insect, or eels of the order Anguilliformes,
 
 6           or any other animal, plant, or microorganism in any
 
 7           stage of development that is detrimental or potentially
 
 8           harmful to agriculture, horticulture, animal or public
 
 9           health, or natural resources, including native biota,
 
10           or has an adverse effect on the environment as
 
11           determined by the board, except, as provided in this
 
12           chapter and provided that, notwithstanding the list of
 
13           animals prohibited entry into the State, the department
 
14           may bring into and maintain in the State one live,
 
15           sterile brown tree snake of the male sex for the
 
16           purpose of research or training of snake detector dogs,
 
17           and, further, that a government agency may bring into
 
18           and maintain in the State not more than two live,
 
19           nonvenomous snakes of the male sex solely for the
 
20           purpose of exhibition in a government zoo, but only
 
21           after:
 
22           (A)  The board is presented with satisfactory evidence
 
23                that the sex of the snakes was established to be
 

 
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 1                male prior to the shipment; and
 
 2           (B)  The [[]board[]] gives written approval conditioned
 
 3                upon such terms as the board may deem necessary,
 
 4                which terms shall include measures to assure the
 
 5                prevention of escape, continuing supervision and
 
 6                control by the board with respect to any
 
 7                department import under this paragraph, and the
 
 8                manner in which the snakes shall be disposed of or
 
 9                destroyed.
 
10           In case of the death of one or more snakes, the
 
11           department or government agency may import and maintain
 
12           replacements subject to the conditions described in
 
13           this paragraph; and
 
14      (4)  Any live or dead honey bees, or used bee equipment that
 
15           is not certified by the department to be free of pests;
 
16           provided that nothing in this paragraph shall be
 
17           construed to prohibit the importation of bee semen.
 
18     [(b)  The board shall maintain:
 
19      (1)  A list of conditionally approved animals that require a
 
20           permit for import into the State;
 
21      (2)  A list of restricted animals that require a permit for
 
22           both import into the State and possession; and
 
23      (3)  A list of animals that are prohibited entry into the
 

 
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 1           State;
 
 2 provided that the board shall adopt rules, pursuant to chapter
 
 3 91, to establish an ad hoc panel of no fewer than three members
 
 4 with applicable expertise in vertebrate biology to identify
 
 5 whether an animal is a prohibited hybrid animal when the
 
 6 department suspects that the lineage of the animal is not as
 
 7 stated by the owner or on other official documents.
 
 8      Animals on the lists of conditionally approved and
 
 9 restricted animals shall be imported only by permit.  Any animal
 
10 that is not on the lists of conditionally approved, restricted,
 
11 or prohibited animals shall be prohibited until the board's
 
12 review and determination for placement on one of these lists;
 
13 provided that the department may issue a special permit on a
 
14 case-by-case basis for the importation and possession of an
 
15 animal that is not on the lists of prohibited, restricted, or
 
16 conditionally approved animals, for the purpose of remediating
 
17 medical emergencies or agricultural or ecological disasters, or
 
18 conducting medical or scientific research in a manner that the
 
19 animal will not be detrimental to agriculture, the environment,
 
20 or humans if the importer of the animal can meet permit
 
21 requirements as determined by the board; and provided further
 
22 that the department may issue a short-term special permit on a
 
23 case-by-case basis not to exceed ninety days for the importation
 

 
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 1 and possession of an animal that is not on the list of
 
 2 prohibited, restricted, or conditionally approved animals for the
 
 3 purpose of filming, performance, or exhibition if the importer of
 
 4 the animal can meet permit and bonding requirements as determined
 
 5 by the board.
 
 6      (c)  The board shall maintain:
 
 7      (1)  A list of nonrestricted microorganisms allowed entry
 
 8           into the State without a permit but which are subject
 
 9           to the notification, labeling, and inspection
 
10           requirements of section 150A-5;
 
11      (2)  A list of restricted microorganisms that require a
 
12           permit for import into the State and possession, except
 
13           as otherwise provided in part V; and
 
14      (3)  A list of microorganisms that are prohibited entry into
 
15           the State, except that the department may issue an
 
16           emergency permit on a case-by-case basis to a state or
 
17           federal agency or state university for the import and
 
18           possession of a microorganism on the list of prohibited
 
19           microorganisms for the purpose of remediating medical
 
20           emergencies or agricultural or ecological disasters
 
21           pursuant to the board's determination that:
 
22           (A)  An emergency or disaster exists; and
 
23           (B)  The importer is able to meet permit requirements
 

 
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 1                consistent with Centers for Disease Control and
 
 2                Prevention and National Institutes of Health
 
 3                guidelines or other guidelines as determined by
 
 4                the board.
 
 5 No emergency permit may be issued until the board, without regard
 
 6 to rule requirements for advisory review, obtains advice from
 
 7 qualified persons with relevant expertise.
 
 8      Except as otherwise provided in part V, any microorganism
 
 9 that is not on the lists of nonrestricted, restricted, or
 
10 prohibited microorganisms may not enter the State until the
 
11 board's review and determination for placement on one of those
 
12 lists; provided that pending the listing by rule of an unlisted
 
13 microorganism determined by the board to be allowed for import,
 
14 the department may issue a special permit on a case-by-case basis
 
15 for the import and possession of the microorganism for purposes
 
16 approved by the board if the microorganism is to be used in a
 
17 manner that will not be detrimental to agriculture, horticulture,
 
18 the environment, animals, and humans, and if the importer is able
 
19 to meet conditions established by the board.
 
20      (d)  Except as otherwise provided herein, all permits
 
21 referenced in this section shall be issued pursuant to rules.
 
22 Any violation of the conditions listed on the permits shall be a
 
23 violation of this section.
 

 
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 1      (e)  The board shall maintain a list of restricted plants
 
 2 and a list of prohibited plants.  Restricted plants shall not be
 
 3 imported into the State without a permit issued pursuant to
 
 4 rules, and any violation of the conditions listed on the permit
 
 5 shall be a violation of this section.
 
 6      The department of agriculture shall designate specific
 
 7 plants that may spread or may be likely to spread an infestation
 
 8 or infection of an insect, pest, or disease that is detrimental
 
 9 or potentially harmful to agriculture, horticulture, animal or
 
10 public health, or natural resources including native biota, or
 
11 may have an adverse effect on the environment as determined by
 
12 the board.  These plants are to be designated by rule as
 
13 restricted plants.  In addition, plant species designated by rule
 
14 as noxious weeds are designated as restricted plants.
 
15      (f)  No person shall possess, propagate, sell, transfer, or
 
16 harbor any plant, animal, or microorganism included on the list
 
17 or lists of prohibited plants, animals, and microorganisms
 
18 maintained by the board under this section, except as allowed by
 
19 the board upon a determination that the species:
 
20      (1)  Was initially permitted entry and later prohibited
 
21           entry into the State; or
 
22      (2)  Was continually prohibited but unlawfully introduced
 
23           and is currently established in the State; and
 

 
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 1      (3)  Is not significantly harmful to agriculture,
 
 2           horticulture, animal or public health, and the
 
 3           environment.
 
 4 Under the circumstances described in this subsection, the board
 
 5 may permit possession of the individual plant, animal, or
 
 6 microorganism through its registration with the department while
 
 7 still prohibiting the same species of plant, animal, or
 
 8 microorganism from importation, propagation, transfer, and sale.
 
 9      (g)  Without regard to the notice and public hearing
 
10 requirements of chapter 91, the board may adopt rules to make
 
11 additions to or deletions from the lists required to be
 
12 maintained in subsections (b), (c), and (e); provided that the
 
13 board shall adopt rules pursuant to chapter 91 to establish
 
14 methods to obtain public input and to notify the public as to any
 
15 additions to or deletions from the lists required under
 
16 subsections (b), (c), and (e).]"
 
17      SECTION 5.  Section 150A-7, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  It is a violation of [section 150A-6] this part to
 
20 bring to or possess in the State any living creature that is
 
21 prohibited[,] or restricted [and], without a permit issued by the
 
22 department, except as expressly provided in [that section or in
 
23 part V, and such a] this part.  The creature shall constitute
 

 
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 1 contraband and shall be seized immediately upon discovery,
 
 2 whenever found, and be destroyed, donated to a government zoo, or
 
 3 sent out of the State, at the discretion of the department.  Any
 
 4 expense or loss in connection therewith shall be borne by the
 
 5 owner or the owner's agent."
 
 6      SECTION 6.  Section 150A-7.5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "150A-7.5  User fees.  Fees may be assessed for the
 
 9 processing and issuance of permits issued by the department under
 
10 this part [and], for inspections related to permit conditions,
 
11 and for the registration of microbial products containing certain
 
12 strains of microorganisms, as established by rule."
 
13      SECTION 7.  Section 150A-9.5, Hawaii Revised Statutes, is
 
14 amended by amending subsection (c) to read as follows:
 
15      "(c)  Interim rules adopted by the department pursuant to
 
16 this section shall be effective as stated by such rules; provided
 
17 that [any]:
 
18      (1)  Any interim rule shall be published at least once
 
19           statewide within [ten] twelve days of issuance; and
 
20           [provided further that no]
 
21      (2)  No interim rule shall be effective for more than one
 
22           hundred eighty days."
 
23      SECTION 8.  Section 150A-14, Hawaii Revised Statutes, is
 

 
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 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  Any person who violates any provision of this chapter
 
 3 other than sections 150A-5(2)(B), 150A-5(2)(C), [150A-6(a)(3)]
 
 4 150A-6(3), and [150A-6(a)(4)] 150A-6(4) or who violates any rule
 
 5 adopted under this chapter other than those rules involving [a
 
 6 plant,] an animal[, or microorganism] that is prohibited or a
 
 7 plant, animal, or microorganism that is restricted, without a
 
 8 permit, shall be guilty of a misdemeanor and fined not less than
 
 9 $100.  The provisions of section 706-640 notwithstanding, the
 
10 maximum fine shall be $10,000.  For a second offense committed
 
11 within five years of a prior offense, the person or organization
 
12 shall be fined not less than $500 and not more than $25,000."
 
13      SECTION 9.  Section 150A-14, Hawaii Revised Statutes, is
 
14 amended by amending subsection (c) to read as follows:
 
15      "(c)  Notwithstanding section 706-640:
 
16      (1)  Any person or organization that violates section
 
17           [150A-6(a)(3) or 150A-6(a)(4),] 150A-6(3) or 150A-6(4),
 
18           or owns or intentionally transports, possesses,
 
19           harbors, transfers, or causes the importation of any
 
20           snake or other prohibited animal seized under section
 
21           150A-7(b), or whose violation involves [a plant,] an
 
22           animal[, or microorganism] that is prohibited or a
 
23           plant, animal, or microorganism that is restricted,
 

 
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 1           without a permit, shall be guilty of a [petty]
 
 2           misdemeanor and subject to a fine of not less than
 
 3           $5,000, but not more than $20,000; and
 
 4      (2)  Any person or organization who intentionally
 
 5           transports, harbors, or imports with the intent to
 
 6           propagate, sell, or release any [plant,] animal[, or
 
 7           microorganism] that is prohibited or any plant, animal,
 
 8           or microorganism that is restricted, without a permit,
 
 9           shall be guilty of a class C felony and subject to a
 
10           fine of not less than $50,000, but not more than
 
11           $200,000."
 
12      SECTION 10.  Section 150A-14, Hawaii Revised Statutes, is
 
13 amended by amending subsections (f) and (g) to read as follows:
 
14      "(f)  Any person or organization that voluntarily surrenders
 
15 any prohibited [plant,] animal[, or microorganism] or any
 
16 restricted plant, animal, or microorganism without a permit
 
17 issued by the department, prior to the initiation of any seizure
 
18 action by the department, shall be exempt from the penalties of
 
19 this section.
 
20      (g)  For purposes of this section "intent to propagate"
 
21 shall be presumed when the person or organization in question is
 
22 found to possess, transport, harbor, or import:
 
23      (1)  Any two or more animal specimens of the opposite sex
 

 
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 1           that are prohibited or restricted, without a permit;
 
 2      (2)  Any three or more animal specimens of either sex that
 
 3           are prohibited or restricted, without a permit;
 
 4      (3)  Any plant or microorganism having the inherent
 
 5           capability to reproduce [and] that is [prohibited or]
 
 6           restricted, without a permit; or
 
 7      (4)  Any specimen that is in the process of reproduction."
 
 8      SECTION 11.  Section 150A-41, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) and (b) to read as follows:
 
10      "(a)  Notwithstanding the permit requirements of sections
 
11 150A-5 and [150A-6,] 150A-6.3, the board may issue a certificate
 
12 to an importer of microorganisms authorizing import and
 
13 possession of microorganisms[, other than microorganisms] on the
 
14 [lists] list of [nonrestricted] restricted microorganisms or
 
15 [prohibited] unlisted microorganisms referenced in section
 
16 [150A-6;] 150A-6.3; provided that:
 
17      (1)  The import and possession is for medical or scientific
 
18           purposes;
 
19      (2)  The microorganisms are contained in a laboratory or
 
20           other contained system approved by the department;
 
21      (3)  The microorganisms are used in a manner that will not
 
22           be detrimental to agriculture, horticulture, the
 
23           environment, animals, or humans; and
 

 
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 1      (4)  The importer is able to meet requirements established
 
 2           by the board,
 
 3 as further verified through site inspection by the department.
 
 4      (b)  Import by a certified importer of microorganisms other
 
 5 than those listed in the importer's certificate or for uses other
 
 6 than specified for each type of microorganism listed in the
 
 7 certificate shall be pursuant to section [150A-6.] 150A-6.3."
 
 8      SECTION 12.  There is appropriated out of the permit
 
 9 revolving fund the sum of $25,000 or so much thereof as may be
 
10 necessary for fiscal year 2000-2001 for the purposes of the
 
11 permit revolving fund.
 
12      The sum appropriated shall be expended by the department of
 
13 agriculture for the purposes of this Act.
 
14      SECTION 13.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 14.  This Act shall take effect on July 1, 2000.