Report Title:

Invasive species; Restricted plants; Noxious weeds



Prohibits the sale of plants designated as restricted plants or noxious weeds.



H.B. NO.














relating to invasive species.





SECTION 1. The legislature finds that agriculture and conservation interests in the state are fighting to slow the invasion of alien species that are spreading from residential and commercial settings into agricultural areas and native forests.

Under section 150A-6.1, Hawaii Revised Statutes, the department of agriculture is responsible for maintaining a list of restricted plants. The department is currently in the process of updating its restricted-plant list pursuant to this section. Under chapter 152, Hawaii Revised Statutes, the department of agriculture is responsible for designating certain plant species as noxious weeds and is required to publish and provide a list of designated noxious weeds to interested persons. Although these statutory provisions allow the department of agriculture to restrict the import of and control listed plants, neither provision actually makes it unlawful to cultivate and sell plants that are on the restricted-plant or noxious-weed lists.

The legislature finds that to help prevent further introductions of invasive species to the state, the statutory provisions authorizing the creation of the restricted-plant list and the noxious-weed list need to be amended to restrict the sale of plants on these lists. In addition, the restricted-plant provisions need to be clarified to recognize that the plants themselves can be pests as well as hosts to pests like insects or pathogens.

The purpose of this Act is to:

(1) Prohibit the sale in Hawaii of plants designated as restricted plants or noxious weeds; and

(2) Clarify that plants can be placed on the restricted-plant list because the plants themselves may be pests or may be hosts to pests.

SECTION 2. Section 150A-6.1, Hawaii Revised Statutes, is amended to read as follows:

"150A-6.1 Plant import. (a) The board shall maintain a list of restricted plants that require a permit for entry into the [State.] state. Restricted plants or any portion thereof shall not be imported into, offered for sale, or sold in the [State] state without a permit issued pursuant to rules.

(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful 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 as noxious weeds are designated as restricted plants.

(c) No person shall import, offer for sale, or sell any Salvinia molesta or Salvinia minima and [pistia] Pistia stratiotes plants or portion thereof within the [State.] state."

SECTION 3. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

"152-3 Prohibited acts. No person shall offer for sale or sell within the state any noxious weed or any portion thereof. It shall be unlawful to introduce or to transport specific noxious weeds or their seeds or vegetative reproductive parts into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.