S.B. NO.



S.D. 1
















     SECTION 1.  The legislature finds that the State has spent millions of dollars to control certain invasive species but that control efforts are often too late to stop their spread across the Hawaiian islands.  As a result, invasive species now infest hundreds of thousands of acres and affect Hawaii's export industry, tourism revenues, property values, residents' quality of life, and the environment.

     The legislature further finds that the department of agriculture has designated invasive species such as the coqui frog (Eleutherodactylus coqui), little fire ant (Wasmannia auropunctata), nettle caterpillar, and coconut rhinoceros beetle as pests and has targeted them for control or eradication.  These pests continue to move to new areas within the State and are often transported and spread through various commodities that are sourced from infested areas, and the commodities may or may not be subject to inspection for pests or subject to treatment.

     The legislature additionally finds that the burden of pest prevention falls primarily on plant quarantine inspectors.  Therefore, it is necessary to require the department of agriculture to identify pathways and areas infested with priority pests, provide information to business owners about best management practices for controlling pest populations at the source, and mitigate the chances that designated pests will enter transportation networks and work cooperatively with commercial entities to implement these practices.

     The purpose of this Act is to reduce the movement of invasive pests between islands by allowing for the inspection of goods moving between islands, prohibiting the transportation of infested material between islands, authorizing the department to designate quarantine areas as needed to isolate infested areas, and creating a compliance agreement program to ensure that quarantines will not adversely affect agricultural businesses in the quarantine areas.

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

"Part    .  Intrastate transportation and quarantine of pests and certain articles"

     §150A-    Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Designated pest" means a pest that has been designated for control or eradication by section 141-3 or by rule pursuant to section 141-3.

     "Non-designated pest" means a pest that is not a designated pest.

     "Pest" shall have the same meaning as in section 150A-2 and shall include designated pests and non-designated pests.

     §150A-    Interisland and intraisland transportation; restrictions; prohibitions.  (a)  The interisland or intraisland transportation of any pest or any article regulated under this chapter is subject to inspection, treatment, restrictions on movement, and, if necessary and appropriate, destruction to prevent the spread and establishment of pests.

     (b)  The interisland or intraisland transportation of any pest or any article that is diseased or infested with insects or any pest, is likely to assist in the transmission or dissemination of any pest, or may be in itself injurious, harmful, or detrimental to the agricultural, horticultural, and aquacultural industries, forestry, environment, public health, or animal or plant health is prohibited, except pursuant to rules adopted by the department that contain requirements determined by the department to be adequate to prevent pest or disease spread, including, for articles that are infested with a pest, appropriate treatment that eliminates the disease or destroys the pest.

     (c)  The department may allow the interisland or intraisland transportation of a non-designated pest and any article that is diseased or infested with a non-designated pest to an island or locality within an island where the non-designated pest is known to be established; provided that the department has issued an inspection certificate for that purpose.

     (d)  Possession, harboring, transport, rearing, breeding, distribution, or release of a pest is prohibited, except pursuant to a permit issued by the department for scientific research and testing and related purposes under appropriate safeguards.

     §150A-    Quarantine areas.  The department may designate, by rule, an island or locality within the State that the department has determined is infested with a designated pest as an infested area subject to quarantine restrictions.  The transportation of articles from one island or locality designated as a quarantine area for a designated pest to another area of the island or a different island not subject to quarantine for the pest is prohibited except as provided by rule or pursuant to a compliance agreement administered by the department.

     §150A-    Compliance agreement.  The interisland or intraisland transportation of articles from a quarantined area may be permitted as provided by rule if the consignor and consignee of the articles are participants in the department's compliance agreement program for interisland or intraisland movement of agricultural commodities by commercial entities.  Qualification for compliance agreement shall be based on the department's determination that the commercial entity is in compliance with requirements the department has determined are adequate to prevent pests or disease spread, as provided by rule.  Any violation of the compliance agreement is a violation of this section.

     §150A-    Enforcement; penalties; proceedings.  (a)  The department shall administer and enforce this part and rules adopted pursuant to this part.

     (b)  After providing notice of and an opportunity for a hearing regarding a violation of this part or a rule adopted pursuant to this part, the department may fine any person who violates this part or any rule adopted under this part, not less than $50 and not more than $3,000 for each separate violation.  The fine and any proposed action contained in the notice of violation, including suspension or cancellation of a compliance agreement or permit for scientific research and testing, shall be a final order, unless a written request for a hearing is submitted within twenty days of receipt of the notice of violation.

     (c)  If the department is unable to collect a fine or a person fails to pay the fine, the board shall refer the matter to the attorney general, who shall recover the amount by civil action.  For any judicial proceeding to recover the fine imposed, the attorney general need only show that a notice of violation was given, a hearing was held or the time granted for requesting a hearing expired without a request, the fine was imposed, and the fine remains unpaid.

     (d)  Notwithstanding the provisions of section 150A-14 or section 706-640, any person who intentionally violates any provision of this part shall be guilty of a petty misdemeanor and upon conviction may be fined up to $3,000.

     §150A-    Employer liability.  The act, omission, or failure of an officer, agent, or other person acting for or employed by any person shall be deemed to be the act, omission, or failure of the person as well as that of the person employed."

     SECTION 3.  This Act, upon its approval, shall take effect on July 1, 2015.



Report Title:

Invasive Pests; Interisland Movement; Quarantine and Compliance Agreements



Authorizes inspection and treatment of regulated goods moving between islands and intraisland, prohibits transportation of infested material between islands and intraisland, authorizes the department to designate quarantine areas to isolate infested areas, and authorizes a compliance agreement program to ensure that qualifying agricultural businesses in quarantine areas may transport their commodities with minimal risk of pest or disease spread.  (SD1)




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