Report Title:

Invasive Species; Hawaii Invasive Species Council

Description:

Establishes the Hawaii invasive species council to perform certain functions to eradicate invasive species in Hawaii. (SD2)

THE SENATE

S.B. NO.

857

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

 


 

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 Hawaii by alien invasive species is the single greatest 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 the Hawaii invasive species council to coordinate state efforts to control and eradicate alien invasive species.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

INVASIVE SPECIES

-1 Definitions. As used in this chapter:

"Department" means any department that is a member of the Hawaii invasive species council established under section -2.

"Council" means the Hawaii invasive species council established under section -2.

-2 Hawaii invasive species council. (a) Notwithstanding any other law to the contrary, there is established the Hawaii invasive species council to coordinate state activities to fight invasive species. The council shall be administratively attached to the office of the governor and shall be composed of the president of the University of Hawaii and the director or chairperson of the board of each of the following departments:

(1) Agriculture;

(2) Land and natural resources;

(3) Business, economic development, and tourism;

(4) Health; and

(5) Transportation.

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

(b) The Hawaii invasive species council shall:

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

(2) Coordinate the efforts of the 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) Prohibiting first-class mail inspection;

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

(E) Coordinating 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) Promoting 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) Coordinating 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 and designate appropriate state agencies to manage efforts related to each invasive species identified;

(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 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 chapter.

   -3 Lead agency; duties. A department that is designated a lead agency under section    -2(14), 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 the budget requirements of each of the lead agency's assigned functions that include the 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 forty days prior to the convening of each regular session of the legislature to the governor and the legislature 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 chapter.

   -4 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 chapter, a department is authorized to examine, control, and eradicate all instances of invasive species on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.

   -5 Private property. (a) Whenever any invasive species is found on private property, a department may enter such premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and 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, 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, between the hours of sunrise and sunset, execute 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 chapter.

   -6 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 county, notice shall be given by the department or its agent, as the case may be, to the person officially in charge thereof, 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    -5.

-7 Rulemaking. The council may adopt rules pursuant to chapter 91 to effectuate this chapter."

SECTION 3. This Act shall take effect upon its approval.