HOUSE OF REPRESENTATIVES

H.B. NO.

890

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INVASIVE SPECIES.

 

 

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

 


     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 finds that the department of agriculture has designated invasive species such as coqui frog (Eleutherodactylus coqui), little fire ant (Wasmannia auropuntata), nettle caterpillar, and coconut rhinoceros beetle as pests and has targeted them for control or eradication.  The legislature also finds that these pests continue to move to new areas within the State and through varied transportation methods.  These two pests 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 further finds that the burden of pest prevention falls primarily on plant quarantine inspectors.  Therefore, the legislature finds it necessary to require the department of agriculture to identify pathways and areas infested with these and other priority pests, provide information to business owners about best management practices for controlling pest populations at the source and mitigating the chances that designated pests will enter transportation networks interisland and intraisland, 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, allowing the department the ability to designate quarantine areas as needed to isolate infested areas, and creating a compliance agreement program to ensure that such quarantines would not adversely affect agricultural businesses in the quarantine areas.

     SECTION 2.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part titled "Intrastate Transportation and Quarantine" to include five new sections appropriately designated to read as follows:

     "§150A-    Restrictions on Intrastate Movement.  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, including designated pests.

     §150A-    Prohibited transportation and possession.  (a)  The interisland or intraisland transportation of any pest, including a designated pest, or article that is diseased or infested with insects or any pest, or is likely to assist in 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; provided that such transportation may be permitted, 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.

     (b)  The department may allow the interisland or intraisland transportation of a pest other than a designated pest and any article that is diseased or infested with such a pest, by inspection certificate, to an island or locality within an island where the pest is known to be established.  Transporting a pest other than a designated pest and any article infested with a pest without an inspection certificate is a violation of this section.

     (c)  Possession, harboring, transport, rearing, breeding, distribution, or release of a pest, including a designated pest, is prohibited, except that the department may issue a permit for scientific research and testing and related purposes under appropriate safeguards in an area that may or may not be infested by the particular pest.  Possession, harboring, transport, rearing, breeding, distribution, or release of a pest, including designated pests, without a permit is a violation of this section.

     §150A-    Quarantine areas.  The department may designate, by rule, an island within the State or locality within an island 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 designated a quarantine area for a designated pest to an island not subject to quarantine for the pest, or from one part or locality of any island designated a quarantine area for a designated pest to another part or locality of the same island not subject to quarantine for the pest is prohibited except as allowed provided by rule or pursuant to compliance agreement administered by the department. The transportation of articles from a quarantine area for a designated pest without a compliance agreement issued by the department is a violation of this section.

     §150A-    Compliance agreement.  The interisland or intraisland transportation of articles from an area under quarantine may be allowed as provided by rule if the consignor and consignee of the articles are participants in the department's compliance agreement program for interisland 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-    Duties of department; violations; proceedings; penalties.  (a)  The department shall administer and enforce this part and rules adopted by the department pursuant to this part.  The following penalties, procedures, and actions shall apply in instances of violation and complaints of violations of this part, or the rules adopted under this part:

     (b)  Administrative penalties.

     (1)  The department may, after notice and opportunity for hearing on the specific charge, fine any person who violates this part or any rule adopted under this part, not less than $50 and not more than $3000 for each separate violation.  The administrative penalty and any proposed action contained in the notice of finding of violation, including suspension or cancellation of a compliance agreement or permit for scientific research and testing, shall become a final order, unless within twenty (20) days of receipt of the notice, the person or persons charged make a written request for a hearing.

     (2)  In case of inability to collect the administrative penalty or failure of any person to pay the administrative penalty, the board of agriculture shall refer the matter to the attorney general, who shall recover the amount by civil action in the appropriate court.  For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid.

     (c)  Criminal penalties.  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 $3000.

     (d)  Liabilities.  When construing and enforcing the provisions of this part, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be deemed to be the act, omission, or failure of such person as well as that of the person employed."

     SECTION 3.  Section 150A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

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

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Invasive Pests; Interisland Movement; Quarantine and Compliance Agreements

 

Description:

Reduces the movement of invasive pests between islands by:  Authorizing inspection and treatment of Regulated goods moving between islands and intraisland, prohibiting transportation of infested material between islands and intraisland, authorizing the department to designate quarantine areas, as needed, to isolate infested areas, and authorizing a compliance agreement program to insure that qualifying agricultural businesses in quarantine areas can transport their commodities with minimal risk of pest or disease spread.

 

 

 

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