Report Title:

Invasive Species; Biosecurity Program; Appropriation



Establishes statutory provisions on and appropriates funds for the department of agriculture's biosecurity program.



H.B. NO.



















SECTION 1. The legislature finds that the unchecked spread of invasive species is the single greatest threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people. Invasive pests can cause millions of dollars in crop losses, the extinction of native species, the destruction of native forests, the spread of disease, and the quarantine of exported agricultural crops.

Island ecosystems are particularly vulnerable to the destructive power of invasive pests. In Guam, the accidental introduction of the brown tree snake has resulted in widespread devastation. Without natural predators or competition for food, brown tree snake populations have grown expotentially, causing mass extinctions of endemic birds. Where there were once bird songs, the silent forests of Guam are now home to as many as 15,000 snakes per square mile. Just one new pest like the brown tree snake could forever change the character of the Hawaiian Islands.

Despite our ongoing efforts to detect and eradicate invasive species, our fragile island ecosystems are constantly at risk from insects, disease-bearing organisms, snakes, weeds, and other invasive pests. The coqui frog, salvinia molesta, miconia calvescence, ohia rust, nettle caterpillar, and red imported fire ant are all present in Hawaii, disrupting the delicate balance of our ecosystems, crowding out native species, and reducing the biodiversity of our islands. Other harmful species like the papaya mealybug, erythrina gall wasp, Asian citrus psyllid, and varroa mite have the potential to devastate our environment and agriculture if allowed to become established in Hawaii and spread unchecked by natural predators.

The department of agriculture has created a biosecurity program to fight invasive species on several fronts by:

(1) Administering pre-entry measures to minimize the risk of invasive pests entering the State;

(2) Conducting port-of-entry inspections to detect and quarantine or destroy pests upon arrival; and

(3) Administering post-entry measures to mitigate the establishment of pests in the State.

The department has also supported the growth of Hawaii's agriculture by attempting to reduce the State's dependency on imported agricultural products which may contain pests. The legislature finds that sufficient support for a biosecurity program is vital to the public health and welfare of Hawaii.

The purpose of this Act is to establish and fund the department of agriculture's biosecurity program.

SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:


150A-A Biosecurity program; establishment. The department shall establish a biosecurity program authorized under this chapter, chapter 141, chapter 145, and any other relevant state or federal law to implement the program.

150A-B Objectives of biosecurity program. The objectives of the biosecurity program shall be to:

(1) Establish a multi-dimensional system to prevent the entry into the State and movement from island to island of pests and other illegal organisms; and

(2) Respond effectively to eradicate, control, reduce, and suppress incipient and established pests and other illegal organisms.

150A-C General actions to achieve objectives. To achieve the objectives of the biosecurity program, the department shall plan for, and within available legislative appropriations, implement the following:

(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may conduct cargo inspections and detect, quarantine, and destroy discovered pests and other illegal organisms, with the goals of:

(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and cargo owners, carriers, and recipients; and

(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and other illegal organisms that have entered the State;

(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;

(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

(6) Promote the production of agricultural commodities in the State that may be substituted for imported commodities in order to reduce cargo shipments into the State; and

(7) Provide public education on the negative effects of pests and other illegal organisms to the environment and economy of the State.

150A-D Biosecurity program; charges, costs. (a) The department shall set and impose charges upon persons whose cargo is inspected under the program in accordance with section 141-5 and this section.

(b) The department shall set the charges at amounts intended to generate revenues that, when combined with federal and other funds, are sufficient to pay for the operating and maintenance cost of the program and debt service on bonds issued to fund facilities constructed for the program.

150A-E Federal and other funds. The department shall place high priority on seeking and applying for federal and other funds that may be used for the biosecurity program.

150A-F Schedule of appropriations and expenditures for program. (a) By January 1, 2009, the department shall prepare a schedule of proposed annual appropriations for the ensuing six fiscal years for the biosecurity program that represents the department's realistic expectation as the amounts necessary to effectively operate the program yet remain within the constraints of projected state revenue growth.

(b) By January 1 of each fiscal year thereafter, the department shall update the schedule to include the following information, as applicable, for the immediate past fiscal year, current fiscal year, and ensuing five fiscal years:

(1) The proposed appropriations submitted or to be submitted by the department to the governor for the biosecurity program;

(2) The proposed appropriations submitted or to be submitted by the governor to the legislature in the executive or supplemental budget;

(3) The actual appropriations by the legislature; and

(4) The actual expenditures.

(c) The department shall submit each required schedule to the legislature twenty days before the convening of every regular session.

(d) The department may submit with each schedule a narrative commenting on the effects of any variance between the actual expenditure for the biosecurity program during a fiscal year and proposed appropriation submitted by the department to the governor for that fiscal year.

150A-G Annual report. The department shall submit an annual report to the legislature on the biosecurity program. The schedule required under section 150A-E shall be included in the pertinent annual report."

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 used in connection therewith, which 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 which is or may be in itself injurious, harmful, or detrimental to the same (included therein may be rules governing the shipping 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, which 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 which is or may be in itself injurious, harmful, or detrimental to the same;

(4) The preparation by cargo carriers of manifests of cargo shipped into the State or between islands and the submission of the manifests to the department; and

[(4)] (5) 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 141-5, Hawaii Revised Statutes, is amended to read as follows:

"141-5 Charges for inspection, etc. The department of agriculture shall, with the approval of the governor, adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine, authorized, required, or permitted by this chapter or chapter 142 [or], 150[.], or 150A. Certificates and permits in such chapters provided for concerning articles or animals imported, or proposed to be imported, into the State, and the charges so provided for, shall be paid for in advance before any certificate or permit is delivered, or any of such articles or animals are permitted to be landed. If thereafter further expense is incurred in the inspection, treatment, or quarantine of any of such articles or animals, the charges therefor shall be paid before any of such articles or animals shall be delivered."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the biosecurity program of the department of agriculture.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2008.