HOUSE OF REPRESENTATIVES

H.B. NO.

755

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AQUATIC NUISANCE SPECIES.

 

 

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

 


SECTION 1. The legislature finds that the department of land and natural resources is the lead state agency for preventing and responding to the introduction of aquatic nuisance species through the regulation of ballast water discharges and hull fouling organisms.

The legislature further finds that aquatic nuisance species can also be introduced into state waters through discharges incidental to the normal operation of a vessel, other than ballast water and hull fouling.

The legislature further finds that the increase in global trade and transportation, as well as climate change, can result in unknown or previously benign aquatic plants, animals, and pathogens becoming invasive.

The legislature further finds that part III of chapter 187A, "Alien Aquatic Organisms", should be amended to permit the department to address incidental discharges other than ballast water and biofouling, reflect the relationship between state and federal laws related to aquatic nuisance species, establish penalties sufficient to deter violations, and remove outdated terminology.

The purpose of this Act is to:

(1) Authorize the department of land and natural resources to prevent and respond to the introduction of aquatic nuisance species from discharges incidental to the normal operation of a vessel other than ballast water and hull fouling;

(2) Contemplate the relationship between the federal Vessel Incidental Discharge Act of 2018 (title IX of P.L. 115-282) and state law;

(3) Provide penalties that will deter violations and prevent the introduction of aquatic nuisance species; and

(4) Update outdated terminology.

SECTION 2. Part III of chapter 187A, Hawaii Revised Statutes, is amended as follows:

1. By adding two new sections to be appropriately designated and to read:

"187A‑    Rules. (a) The department may adopt rules to prevent and respond to the introduction of aquatic nuisance species from discharges incidental to the normal operation of a vessel.

(b) The rules may include:

(1) Standards for the department and the United States Coast Guard to use as part of their respective inspection protocols; and

(2) Requirements for preventive measures and best management practices that will reduce the risk of introduction of aquatic nuisance species.

(c) The rules may also include implementation of a course of action in relation to the arrival or pending arrival of a vessel, including a high risk vessel.

(d) Notwithstanding subsection (a) or any other law to the contrary, if the federal government adopts any regulations under VIDA for a discharge incidental to the normal operation of a vessel related to aquatic nuisance species or that otherwise preempts any rule adopted under this part, the VIDA regulation shall be deemed to be a rule adopted by the department.

(e) The governor may enter into an agreement with the Secretary of the department in which the Coast Guard is operating to enforce section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), as amended, as provided in subsection (k) of section 312, or to otherwise carry out this part.

187A‑    Penalties. Notwithstanding sections 187A-12.5 and 187A-13, any person who violates this part or a rule adopted under this part shall be subject to a fine of no less than $25,000 or more than $50,000 per day of violation, by imprisonment of no more than three years, or both. Any person who commits a subsequent violation shall be subject to a fine of no more than $100,000 per day of violation, imprisonment of no more than six years, or both."

2. By amending its title to read:

"[[]PART III.[]] [ALIEN] AQUATIC [ORGANISMS] NUISANCE SPECIES"

3. By amending section 187A-31, Hawaii Revised Statutes, to read:

"[[]187A-31[]] Definitions. For the purposes of this part[,]:

"Aquatic nuisance species" has the same meaning as in section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), as amended.

"Discharge incidental to the normal operation of a vessel" has the same meaning as in section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), as amended.

["high] "High risk vessel" includes [fishing and recreational] vessels and floating structures, such as barges, dry docks, drilling rigs, and cranes, which have spent extended periods of time tied up in out-of-state ports[.] or prior to arrival in the State, transited a jurisdiction with a high risk aquatic nuisance species, including high risk coral pathogens.

"VIDA" means the federal Vessel Incidental Discharge Act of 2018 (title IX of P.L. 115-282; 132 Stat. 4322) and the amendments made by that Act."

4. By amending section 187A-32, Hawaii Revised Statutes, to read:

"[[]187A-32[]] [Alien aquatic organisms; lead agency; rules.] Purposes; lead agency. (a) The purposes of this part are to:

(1) Authorize the department to prevent and respond to the introduction of aquatic nuisance species from discharges incidental to the normal operation of a vessel, including discharges other than ballast water and hull fouling;

(2) Contemplate the relationship between the federal Vessel Incidental Discharge Act of 2018 (title IX of P.L. 115-282) and state law; and

(3) Provide for penalties that will deter violations and prevent the introduction of aquatic nuisance species.

[(a)] (b) The department is designated as the lead state agency for preventing the introduction of and [carrying out the destruction of alien] responding to aquatic [organisms] nuisance species through the regulation of ballast water discharges, [and] hull fouling organisms[.], and other discharges incidental to the normal operation of a vessel. The department may establish an interagency team to address the concerns relating to [alien] aquatic [organisms.] nuisance species.

[(b) The department may adopt rules in accordance with chapter 91, including penalties, to carry out the purposes of this part. The rules may include standards for the department and the United States Coast Guard to use as part of their respective inspection protocols. The rules may also include implementation of a course of action in relation to the arrival or pending arrival of a high risk vessel.

(c) The governor may enter into an agreement with the United States Secretary of Transportation to carry out the purposes of this part, including but not limited to the enforcement of state law.]"

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 30, 3000.


 


 

Report Title:

Department of Land and Natural Resources; Division of Aquatic Resources; Aquatic Nuisance Species; Discharges Incidental to the Normal Operation of a Vessel; Penalties

 

Description:

Authorizes the Department of Land and Natural Resources to adopt rules to prevent and respond to the introduction of aquatic nuisance species from discharges incidental to the normal operation of a vessel and contemplate the relationship between the federal Vessel Incidental Discharge Act of 2018, as amended, and state law. Effective 6/30/3000. (HD1)

 

 

 

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