Report Title:

Invasive Species; Hawaii Invasive Species Council

Description:

Establishes a temporary Hawaii invasive species council to perform certain functions to eradicate invasive species in Hawaii. (SB857 HD2)

THE SENATE

S.B. NO.

857

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

RELATING TO ALIEN INVASIVE SPECIES.

 

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

SECTION 1. The legislature finds that the silent invasion of alien invasive species in Hawaii is a serious threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people and visitors. Invasive species cause millions of dollars in crop damage, the extinction of native species, the destruction of native ecosystems, and the spread of many diseases.

The purpose of this Act is to establish a temporary Hawaii invasive species council for the special purpose of coordinating State efforts to control and eradicate alien invasive species.

SECTION 2. Definitions. As used in this Act:

"Council" means the Hawaii invasive species council established under section 3.

SECTION 3. Hawaii invasive species council. (a) There is established a temporary Hawaii invasive species council for the special purpose of coordinating State efforts to control and eradicate alien invasive species. The council shall be administratively attached to the department of land and natural resources and shall be composed of the president of the University of Hawaii and the director or chairperson, or the director or chairperson's designated representative, of the board of the departments of:

(1) Agriculture;

(2) Land and natural resources;

(3) Business, economic development, and tourism;

(4) Health; and

(5) Transportation.

(b) Representatives of federal agencies and members of the private sector shall be asked to participate or be consulted for advice and assistance.

(c) The Hawaii invasive species council shall:

(1) Maintain a broad overview of the invasive species problem in the State;

(2) Coordinate efforts of participating State departments and agencies related to invasive species;

(3) Identify and prioritize each State department or agency's organizational and resource shortfalls with respect to invasive species;

(4) Create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species;

(5) Coordinate and promote the State's position with respect to federal issues including:

(A) Quarantine preemption;

(B) International trade agreements that ignore the invasive species problem in Hawaii;

(C) The prohibition of first-class mail inspection;

(D) Use of federal resources to provide quarantine of domestic pets arriving from the mainland;

(E) Coordination of efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks, including deputizing U.S. Department of Agriculture plant protection and quarantine inspectors to enforce Hawaii's laws;

(F) Promotion of the amendment of federal laws as necessary, including the Lacey Act (to ensure consistency between federal and state laws) and laws relating to inspection of domestic airline passengers, baggage, and cargo; and

(G) Coordination of efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;

(6) Identify and record all invasive species present in the State;

(7) Identify all State, federal, and other moneys expended for the purposes of the invasive species problem in the State;

(8) Identify all federal and private funds available to the State to fight invasive species and advise and assist appropriate state departments in acquiring these funds;

(9) Advise the governor and legislature on budgetary and other issues regarding invasive species;

(10) Provide annual reports to the legislature twenty days prior to each legislative session on budgetary and other related issues;

(11) Coordinate with the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;

(12) Review State agency mandates and commercial interests that sometimes call for maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other purposes;

(13) Review the fines and penalties structure to ensure maximum deterrence for invasive species related crimes;

(14) Designate a department on the council to act as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

(15) Suggest appropriate legislation to improve the State's administration of invasive species programs and policies; and

(16) Execute any other function necessary to effectuate the purposes of this Act.

SECTION 4. Lead agency; duties. A department that is designated a lead agency under section 3, with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that function. The lead agency shall:

(1) Coordinate all efforts between other departments and federal and private agencies to control or eradicate invasive species;

(2) Prepare a biennial multi-departmental budget proposal for the legislature forty days before the convening of the regular session of the legislature in each odd-numbered year, showing budget requirements of each of the lead agency's assigned functions that include budget requirements of all departments that it leads, as well as other federal and private funding for that invasive species;

(3) Prepare and distribute an annual progress report no later than forty days prior to the convening of each regular session of the legislature to the governor, the president of the senate, and the speaker of the house that includes the status of each assigned function; and

(4) Execute any other function of a lead agency necessary to effectuate the purposes of this Act.

SECTION 5. Authority to enter premises. Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this Act, any of the appropriate departments is authorized to examine, control, and eradicate all instances of invasive species identified by the council for control or eradication and found on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.

SECTION 6. Private property. (a) Whenever any invasive species identified by the council for control or eradication is found on private property, an agent of one of the appropriate departments may enter such premises to control or eradicate the invasive species after reasonable notice has been given to the owner of the property or pursuant to the court order in subsection (d).

(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State. If the owner resides out of the State or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.

(c) Notwithstanding subsection (a), a department instead may give notice to, and order, the owner to control or eradicate the invasive species, if that species was intentionally or knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense and within such reasonable time as the department may deem proper, pursuant to the notice requirements of this section.

(d) If the owner thus notified fails to comply with the order of the department, or its agent, within the time specified by the department, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable, subsection (b), the department or its agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and, being accompanied by the department, to assist the department agent in gaining entry onto the premises between the hours of sunrise and sunset[, execute] and executing measures to control or eradicate the invasive species.

(e) The department may recover by appropriate proceedings the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the department's order.

(f) In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this Act.

SECTION 7. State or county property. (a) Whenever any invasive species is found on State or county property or on a public highway, street, lane, alley, or other public place controlled by the State or any county, notice shall be given by the department or its agent to the person officially in charge of the property or public place, and the person shall be reasonably notified and ordered by the department to control or eradicate the invasive species.

(b) In case of a failure to comply with the order, the mode of procedure shall be the same as provided in case of private persons in section 6.

SECTION 8. Rulemaking. The council may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate this Act.

SECTION 9. This Act shall take effect upon its approval and shall be repealed on July 1, 2008.