THE SENATE

S.C.R. NO.

167

TWENTY-NINTH LEGISLATURE, 2018

S.D. 1

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE BOARD OF AGRICULTURE TO REVIEW AND UPDATE THE IMPORT PERMIT PROCESS FOR ALL AGRICULTURAL COMMODITIES AND SUBMIT A REPORT TO THE LEGISLATURE RECOMMENDING ANY REQUIRED LEGISLATIVE CHANGES TO THE IMPORT PERMIT PROCESS.

 

 


     WHEREAS, the Plant Quarantine Branch of the Department of Agriculture is tasked with preventing the introduction and spread of harmful pests and diseases into the State by regulating domestic import, performing border inspections, and facilitating postborder detection and control of agricultural pests; and

 

     WHEREAS, the Plant Quarantine Branch administers the import permit program to control the importation of plants, insects, microorganisms, and non-domestic animals including aquatic livestock; and

 

     WHEREAS, an effective import permit process increases support for local agriculture while protecting the environment and safeguarding the health and lifestyle of Hawaii's people from the impacts of invasive species; and

 

     WHEREAS, the plant quarantine program was established in 1888 and has strived to expand its areas of expertise and influence to keep pace with agricultural growth and changes in the State; and

 

     WHEREAS, the existing Plant Quarantine Branch's administrative rules are not a reflection of the current agricultural status in Hawaii and do not incorporate modern scientific research; and

 

     WHEREAS, an example of outdated provisions is the ongoing protection of the non-viable pineapple industry found in such sections of the Hawaii Administrative Rules as:

 

     (1)  Section 4-70-12, Hawaii Administrative Rules: "Notice of quarantine.  The board has determined that there exists serious danger to the pineapple industry of Hawaii from the introduction of thrips (Frankliniella moultoni Hood, Frankliniella shultzei trybom), pineapple borers (Anomocaulus fulvovestitus furn., Metamasius spp. And Thecla basiliodes), and other insects, and diseases of pineapple bromeliaceous plants, that are not now established in Hawaii."; and

 

     (2)  Section 4-70-13(a), Hawaii Administrative Rules: "The introduction into Hawaii of any pineapple plant (any species of the genus Ananas), seed, or other plant parts, is prohibited except by approved permit in accordance with §4-70-14."; and

 

     WHEREAS, there are reports of several incidents in which those seeking to import aquaculture into the State have not received permits from the Department of Agriculture within the maximum time periods or within a reasonable amount of time after the expiration of the maximum time periods established in section 4-71-4.1, Hawaii Administrative Rules; and

 

     WHEREAS, section 4-71-4.1(c), Hawaii Administrative Rules, states that, with certain exceptions, "an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department [of agriculture] within the established maximum period of time", and that "[a]fter the expiration of the maximum time period is brought to the attention of the department, the department shall have a reasonable amount of time to issue the permit."; and

 

     WHEREAS, a Department of Agriculture project focusing on developing a new framework to improve the current import process was presented in March 2018; and

 

     WHEREAS, the proposed framework is a risk-based framework for aquaculture operation siting that utilizes published scientific data and GIS mapping, and is reinforced by industry standard best management practices at the farm level; and

 

     WHEREAS, this framework could streamline the import permit process and create a model for all Plant Quarantine Branch import decision making; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Board of Agriculture is requested to review and update the import permit process for all agricultural commodities and submit a report to the Legislature, no later than twenty days prior to the convening of the Regular Session of 2019, recommending any required legislative changes to the import permit process; and

 

     BE IT FURTHER RESOLVED that the review and update of the import permit process consider at least:

 

     (1)  Updating the Plant Quarantine Branch's administrative rules pursuant to chapter 91, Hawaii Revised Statutes, to reflect current industry conditions and needs;

 

     (2)  Adopting the proposed risk-based import framework for aquaculture and expanding it to all import categories;

 

     (3)  Developing best management practices applicable for all agriculture industries for integration into permit conditions; and

 

     (4)  Updating the import permit lists using risk assessments to remove existing species or add new species; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Agriculture and Branch Chief of the Plant Quarantine Branch of the Department of Agriculture.

Report Title: 

Board of Agriculture; Agricultural Commodities; Import Permit Process; Report