| 1 | 1 | | THE SENATE S.B. NO. 2898 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to invasive species. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | THE SENATE S.B. NO. 2898 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 2898 |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to invasive species. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | PART I SECTION 1. The legislature finds that invasive species are a significant threat to the State's economy and natural environment. Invasive species in Hawaii have damaged habitats, increased wildfire risks, increased agricultural and livestock production costs, and contributed to the extinction of native species. To prevent and control invasive species, the State must prevent their entry into the State, contain any spread, and eradicate any existing infestations. Accordingly, the purpose of this Act is to clarify the law on the detection and management of pests and invasive species to better facilitate prevention, containment, and eradication efforts. PART II SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§141- Definitions. As used in this part: "Invasive species committee" means an island-based voluntary partnership, organized under the university of Hawaii's pacific cooperative studies unit and staffed by employees of the research corporation of the university of Hawaii, that works to prevent, control, or eliminate invasive species, and includes the Big Island invasive species committee, Kauai invasive species committee, Oahu invasive species committee, Maui invasive species committee, and Molokai invasive species committee." SECTION 3. Section 141-2, Hawaii Revised Statutes, is amended to read as follows: "§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: (1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants; (2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material or any other pest host material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries [or], the forests of the State, or the public health or welfare, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State; (3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any [specific] article, substance, or object or class of articles, substances, or objects[, among those enumerated above in this section,] that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; (4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; (5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; and (6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation. All rules adopted under this section shall have the force and effect of law." SECTION 4. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The department of agriculture shall [designate]: (1) Designate the coqui frog (Eleutherodactylus coqui), coconut rhinoceros beetle (Oryctes rhinoceros), and little fire ant (Wasmannia auropunctata) as [a pest. All other pest designations shall be established] pests for control or eradication; (2) Designate other taxa as pests for control or eradication by rule[, including]; and (3) Set out by rule the criteria and procedures for the designation of pests for control or eradication." SECTION 5. Section 141-3.5, Hawaii Revised Statutes, is amended to read as follows: "§141-3.5 Control or eradication programs. (a) The department of agriculture shall develop and implement a detailed control or eradication program for [any pest] each taxa designated [in] as a pest for control or eradication pursuant to section 141-3, using the best available technology in a manner consistent with state and federal law. Each program shall include actions to prevent the spread of the pest, including (1) The quarantine of appropriate materials within the infested area; (2) Treatment to control or eradicate the pest; and (3) Outreach to affected communities. (b) If the department of agriculture has not developed or implemented a detailed control or eradication program for a taxa designated as a pest for control or eradication pursuant to section 141-3 on an island where the pest is a public nuisance, the applicable county, or an invasive species committee, may develop and implement on the island a control or eradication program for the pest. [(b)] (c) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture, applicable county, or invasive species committee, shall implement an emergency program using the best available technology in a manner consistent with state and federal law. [(c)] (d) The department of agriculture: (1) In conjunction with the Hawaii Ant Lab, may identify best practices for the treatment of little fire ants; and (2) Shall post on its website any best practices identified for the treatment of little fire ants." SECTION 6. Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows: "§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture [or], applicable county, or invasive species committee shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property [for the control or eradication of a pest.] to carry out a control or eradication program developed under section 141-3.5, including the quarantine of materials. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department [or], county, or invasive species committee, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the pest control program and the procedures and methods to be used for control or eradication. (b) After notice as required by subsection (a), any member of the department, employee of the county, or member of the invasive species committee, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to [maintain a pest] carry out a control or eradication program[, being] developed under section 141-3.5, and shall be liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If entry is refused, the department member, county employee, or committee member, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a [police] law enforcement officer of the circuit to assist the department member, county employee, committee member, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times." SECTION 7. Section 141-6, Hawaii Revised Statutes, is amended to read as follows: "§141-6 Appeal from [inspector's] decision. Any person who feels aggrieved at any decision of the state plant regulatory official, the official's designee, or any inspector of the department of agriculture shall have the right to appeal from the decision to the board of agriculture. The board shall give a prompt hearing to the appellant and the inspector upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91." PART III SECTION 8. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§150A- Designation of infested and restricted areas. (a) The department may designate by rule any area infested by pests. If an infested area is designated by rule, including interim rule, the area may be expanded by an order of the board to reflect the spread of a specific pest infestation and to implement quarantine measures to prevent movement of the pest and its pest host material from the infested area to restricted areas; provided that: (1) The board first obtains advice from qualified persons with relevant expertise, but the board need not obtain an advisory committee review; (2) The board designates the expanded infested area, identifying the revised geographical extent of the infestation; (3) The department issues a press release describing the expansion of the infested area, prior to the effective date of the designation; and (4) Notice of the board's action, including its effective date, is: (A) Posted on the department's website within one day of the board's action; and (B) Published in a daily or weekly publication of statewide circulation, or in separate daily or weekly publications with a combined statewide circulation, within twelve days of the board's action. (b) The board's designation of an expanded infested area shall be effective the day after the board's action, unless a later effective date is specified by the board. (c) If a pest is found outside the infested area designated under subsection (a), the state plant regulatory official may make an emergency, temporary designation making the area where the pest was found an infested area. The emergency, temporary designation shall expire in thirty days or at the next meeting of the board, whichever is later." SECTION 9. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§150A- Examples of pests. (a) Taxa that are pests include: (1) Oriental beetle Anomala orientalis Waterhouse, a serious insect pest of sugarcane; (2) Fern weevil Syagrius fulvitarisis Pascoe, an insect pest injurious to fern plants; (3) Giant African snail Achatina fulica Bowdich, a serious pest of horticultural and vegetable crops; (4) Cactus mealybug Dactylopius opuntiae Cockerell and other insects that feed on Opuntia species of cactus, pests injurious to cactus utilized for forage or ornamental purposes; (5) Hunting billbug Sphenophorus venatus vestitus Chittenden, a serious insect pest of turf and range grasses; (6) Coconut scale Aspidiotus destructor Signoret, a serious insect pest of palms, bananas, and more than four hundred more plants; (7) Sugarcane smut Ustilago scitaminea Syd., a serious fungus disease of sugarcane; (8) Papaya ringspot virus, a serious virus disease of papaya; (9) Orange spiny whitefly Aleurocanthus spiniferus Quaintance, a serious insect pest of rose and citrus; (10) Bristly rose slug Cladius differmis Panzar, a pest injurious to the rose plant; (11) Croton whitefly Orchamplatus mammaeferus Quaintance and Baker, a serious insect pest of croton and citrus; (12) Anthurium whitefly Aleurotulus sp., a serious insect pest of anthurium; (13) An anthurium whitefly Crenidorsum sp., a serious insect pest of anthurium, philodendron, and monstera; (14) Eurasian pine aphid Pineus pini Koch, a serious insect pest of pine; (15) Fiery skipper Hylephila phyleus Drury, a serious pest of turf and pasture grasses and ornamental sedges; (16) Taro root aphid Pemphigus sp., a serious pest of dryland taro; (17) Eucalyptus canker Cryphonectria cubensis Bruner Hodges, a serious disease of Eucalyptus species; (18) Giant salvinia - Salvinia molesta Mitchell; (19) Water spangles - Salvinia minima Baker; (20) Water lettuce - Pistia stratiotes L.; (21) Fusarium wilt of banana Fusarium spp.; (22) Citrus huanglongbing Candidatus Liberibacter spp., responsible for citrus greening; (23) Palm lethal yellows Candidatus Phytoplasma spp., responsible for lethal diseases of palm; (24) Colocasia bobone disease associated virus Cytorhabdovirus colocasiae, a lethal pathogen associated with alomae bobone disease of taro; (25) Sweet potato virus disease Sweet potato chlorotic stunt virus, a lethal disease of sweet potato; (26) Hala scale Thysanococcus pandani Stickney, a serious pest of hala, an environmentally and culturally significant indigenous plant; (27) Macadamia felted coccid Acanthococcus ironsidei (Williams, 1973), a detrimental pest to the macadamia nut industry in Hawaii; (28) Acalolepta aesthetica (Olliff), an invasive longhorn beetle that attacks many plant species; (29) Two-lined spittlebug Prosapia bicincta (Say), a serious pest of range grasses; (30) Citrus canker - Xanthomonas citri subsp. citri, a serious disease of citrus; (31) Citrus black spot Phyllosticta citricarpa (McAlpine) Aa, a serious disease of citrus; and (32) Any taxa designated as a pest for control or eradication pursuant to chapter 4-69A, Hawaii Administrative Rules, including any taxa designated as a noxious weed pursuant to chapter 4-68, Hawaii Administrative Rules. (b) If the scientific name or common name of a taxon referred to in this chapter is changed to a new scientific name or common name accepted by the International Code of Zoological Nomenclature or the International Plant Names Index, the reference in this chapter shall be construed to refer to the new scientific name or common name." SECTION 10. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§150A- Abatement of a public nuisance. (a) Whenever it deems necessary, the department may require an inspection of any orchards, nurseries, trees, plants, vegetables, vines or field crops or any fruit packing house, storeroom, salesroom or any other place or thing within the State. (b) Any places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, field crops or articles found to be infested or infected with any insects or other plant pests that are injurious to fruits, plants, trees, vegetables, vines, grain or other field crops, or with seeds, eggs, larvae or pupae of injurious insects or other pests liable to spread to other places or localities, or of such a nature as to be a public danger, shall be declared a public nuisance. The department shall give the record owner or owners written notice that the articles, things or places are infested or infected. (c) Any authorized officer, employee or inspector of the department may, where an urgent situation exists, abate any public nuisance; provided that the officer, employee, or inspector shall: (1) Do as little damage as possible to the things or premises on which, or in which, the nuisance exists; and (2) Provide subsequent notice of the abatement, by mail, to the property owner or owners. (d) The department shall not be liable for any loss incurred during the abatement of a public nuisance pursuant to this section; provided that this subsection shall not apply to abatement-related losses caused by the application of a pesticide in a faulty, careless or negligent manner. (e) For purposes of this section, a public nuisance shall include: (1) A pest, other than a pest possessed or moved in under a permit or compliance agreement; or (2) A plant; crop; agricultural, horticultural, or forest commodity; or product that is infested with or harbors a pest." SECTION 11. Section 150A-1, Hawaii Revised Statutes, is amended to read as follows: "[[]§150A-1[]] Short title. This chapter may be cited as the "Hawaii [Plant Quarantine] Invasive Species Law"." SECTION 12. Section 150A-2, Hawaii Revised Statutes, is amended as follows: 1. By adding six new definitions to be appropriately inserted and to read: ""Compliance agreement" means a written agreement between the department and a person who carries out commercial activities and that includes any terms or conditions that the state plant regulatory official determines will slow or prevent the spread of a pest. A compliance agreement constitutes a permit issued by the department. "Infested" means harboring a pest. "Infested area" means an island or area within the State where a specific pest is known to be established. "Person" means an individual, firm, corporation, association, partnership or other entity, including a governmental or nonprofit entity. "Pest host material" means any plant, propagative plant part, non-propagative plant part, soil, or any other thing that is transporting or harboring a pest. "Restricted area" means an island or locality within the State where a specific pest is not known to be established, or where an eradication or control project is being conducted by the department, or another entity recognized by the state plant regulatory official." 2. By amending the definition of "pest" to read: ""Pest" means [any]: (1) Any plant, animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment [as]; or (2) A taxa determined by the board[.] to be a pest." SECTION 13. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows: "§150A-5 Conditions of importation. (a) The importation of any material that is infested or infected with a pest or that is itself a pest is prohibited unless imported under an appropriate permit or compliance agreement. (b) The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut‑flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant‑growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which such articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth: (1) Notification of arrival. Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department, in writing, of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same, and shall hold such articles at the pier, airport, or any other place where they are first received or discharged, in such a manner that they will not spread or be likely to spread any infestation or infection of a pest, including insects or diseases that may be present until inspection and examination can be made by the inspector to determine whether or not any article, or any portion thereof, is infested or infected with or contains any pest. The department may adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests. In addition, the department shall adopt rules to designate restricted articles that shall [require]: (A) [A] Require a permit from the department in advance of importation; [or] (B) [A] Require a department letter of authorization or registration in advance of importation[.]; or (C) Be imported pursuant to a compliance agreement. The restricted articles shall include but not be limited to certain microorganisms or living insects. Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section; (2) Individual passengers, officers, and crew. (A) It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii plant and animal declaration form to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon. All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State the articles listed on the form, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members. Any person who defaces the declaration form required under this section, gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section; (B) Completed forms shall be collected by the transportation company and be delivered, immediately upon arrival, to the inspector at the first airport or seaport of arrival. Failure to distribute or collect declaration forms or to immediately deliver completed forms is a violation of this section; and (C) It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch. Failure to comply with this requirement is a violation of this section; (3) Plant and animal declaration form. The form shall include directions for declaring domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter; (4) Labels. Each container in which any of the above-mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container. Upon failure to comply with this paragraph, the importer or carrier is in violation of this section; (5) Authority to inspect. [Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the] An inspector may: (A) Conduct inspections on the pier, vessel, aircraft, or in any quarantine area, of any persons, baggage, cargo, and any other articles destined for movement between the islands of Hawaii or being imported into the State from the continental United States, Guam, Puerto Rico, or the United States Virgin Islands, for purposes of determining whether a regulated or restricted insect, pest, disease, or taxa is present; and [(A)] (B) Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, and enter into or upon any pier, warehouse, or any other place in the State, for the purpose of [determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;] conducting an inspection pursuant to subparagraph (A); [(B) Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and (C) Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter. No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed. Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area. Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the Hawaiian Islands, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;] (6) Request for importation and inspection. In addition to requirements of the appropriate United States [customs] authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and: (A) Giving the following additional information: (i) The kind (scientific name), quantity, and description; (ii) The locality where same were grown or produced; (iii) Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately prior to importation or have been specifically approved for importation by the board; (iv) The port from which the same were last shipped; (v) The name of the shipper; and (vi) The name of the consignee; and (B) Containing: (i) A request that the department, by its duly authorized agent, examine the articles described; (ii) An agreement by the importer to be responsible for all costs, charges, or expenses; and (iii) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary. Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State; (7) Place of inspection. If, in the judgment of the inspector, it is deemed necessary or advisable to move any [of the above-mentioned articles, or any portion thereof,] item or material to a place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the inspector is authorized to do so. All costs and expenses incident to the movement and transportation of the [articles] items or materials to [such] a suitable place shall be borne by the importer or the importer's agent. If the importer, importer's agent, or transportation company requests inspection of sealed containers of the above-mentioned [articles] items or materials at locations other than where the [articles] items or materials are first received or discharged and the department determines that inspection at [such] the place is appropriate, the department may require payment of costs necessitated by these inspections, including overtime costs; (8) Disinfection or quarantine. If, upon inspection, any [article] item or material received or brought into the State for the purpose of debarkation or entry therein or moved between islands of the State is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, [a treatment shall be given such article.] the item or material shall be treated. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The [article] item or material shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the [article] item or material to be treated or to be responsible for the cost of treatment and quarantine, the [article,] item or material, or any portion thereof, together with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or the owner's agent. [Such] The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; (9) Disposition. Upon completion of inspection, either at the time of arrival or at any time thereafter should any [article] item or material be held for inspection, treatment, or quarantine, the inspector shall affix to the [article] item or material or the container or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the [article] item, material, or container has been inspected and passed. This action shall constitute a permit to bring the [article] item, material, or container into the State; and (10) Ports of entry. None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board." SECTION 14. Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section [150A-5(9),] 150A-5(b)(9), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board." SECTION 15. Section 150A-6.1, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, 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] pursuant to chapter 152 as noxious weeds are designated as restricted plants." 2. By amending subsection (d) to read: "(d) Noxious weeds may be imported only for research, by permit, and shall not be offered for sale [or], sold, or transported within in the State." SECTION 16. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows: "§150A-8 Transporting in State. [Flora and] (a) No flora, fauna, pest host material, or other item or material specified by [rules and regulations of] the department shall [not] be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department[.] or pursuant to a compliance agreement approved by the department. (b) No pest shall be transported, harbored, reared, or bred in the State. (c) No pest host material that is infested or infected with an insect, disease, or pest shall be transported between islands or from one part or locality of any island to another part or locality of the same island, unless: (1) Fumigated, treated with pesticide, or otherwise treated, as determined by the state plant regulatory official; or (2) Approved by the state plant regulatory official for transport to an island or location where the pest is known to be established. (d) Notwithstanding subsections (a), (b), and (c), any pest or plant, plant parts, soil, or pest host material infested or infected with a pest may be transported without inspection between islands or between parts or localities of the same island: (1) By the department for diagnostics, research, testing, or educational purposes; or (2) By an institution approved by the board, a government agency, or a university for research, testing, or educational purposes; provided that the destination site shall be inspected and approved by the state plant regulatory official prior to transport. (e) The state plant regulatory official may prohibit the movement of any pest host material that is offered for sale, barter, or donation or otherwise to be given away to the public if the official determines that the pest host material is infested or infected with an insect, disease, or pest. The state plant regulatory official may compel the treatment or destruction of the material as set out in subsection (c). If the material was, or is, stored in an area that is infested or infected with an insect, disease, or pest, then the offical may require appropriate treatment of the area prior to authorizing the movement of the material. (f) Pest host material subject to the prohibition in subsection (e) shall be: (1) Treated to eradicate the insect, disease, or pest, as approved and supervised by the state plant regulatory official; (2) Destroyed using a method approved and supervised by the state plant regulatory official; or (3) If not treated or destroyed: (A) Transported only pursuant to a permit issued by the state plant regulatory official; or (B) Subjected to any other disposition approved by the state plant regulatory official, including the transportation of untreated infested or infected pest host material or an insect, disease, or pest to an island or location where the insect, disease, or pest is known to be established. (g) The State shall not be liable for any economic losses or damages related to any actions taken by the department pursuant to this section, including any treatment, quarantine, or the destruction of any item." PART IV SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 18. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | PART I |
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| 50 | 50 | | |
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| 51 | 51 | | SECTION 1. The legislature finds that invasive species are a significant threat to the State's economy and natural environment. Invasive species in Hawaii have damaged habitats, increased wildfire risks, increased agricultural and livestock production costs, and contributed to the extinction of native species. To prevent and control invasive species, the State must prevent their entry into the State, contain any spread, and eradicate any existing infestations. |
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| 52 | 52 | | |
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| 53 | 53 | | Accordingly, the purpose of this Act is to clarify the law on the detection and management of pests and invasive species to better facilitate prevention, containment, and eradication efforts. |
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| 54 | 54 | | |
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| 55 | 55 | | PART II |
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| 56 | 56 | | |
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| 57 | 57 | | SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: |
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| 58 | 58 | | |
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| 59 | 59 | | "§141- Definitions. As used in this part: |
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| 60 | 60 | | |
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| 61 | 61 | | "Invasive species committee" means an island-based voluntary partnership, organized under the university of Hawaii's pacific cooperative studies unit and staffed by employees of the research corporation of the university of Hawaii, that works to prevent, control, or eliminate invasive species, and includes the Big Island invasive species committee, Kauai invasive species committee, Oahu invasive species committee, Maui invasive species committee, and Molokai invasive species committee." |
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| 62 | 62 | | |
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| 63 | 63 | | SECTION 3. Section 141-2, Hawaii Revised Statutes, is amended to read as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | "§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material or any other pest host material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries [or], the forests of the State, or the public health or welfare, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any [specific] article, substance, or object or class of articles, substances, or objects[, among those enumerated above in this section,] that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; |
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| 72 | 72 | | |
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| 73 | 73 | | (4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; |
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| 74 | 74 | | |
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| 75 | 75 | | (5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; and |
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| 76 | 76 | | |
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| 77 | 77 | | (6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation. |
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| 78 | 78 | | |
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| 79 | 79 | | All rules adopted under this section shall have the force and effect of law." |
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| 80 | 80 | | |
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| 81 | 81 | | SECTION 4. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 82 | 82 | | |
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| 83 | 83 | | "(a) The department of agriculture shall [designate]: |
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| 84 | 84 | | |
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| 85 | 85 | | (1) Designate the coqui frog (Eleutherodactylus coqui), coconut rhinoceros beetle (Oryctes rhinoceros), and little fire ant (Wasmannia auropunctata) as [a pest. All other pest designations shall be established] pests for control or eradication; |
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| 86 | 86 | | |
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| 87 | 87 | | (2) Designate other taxa as pests for control or eradication by rule[, including]; and |
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| 88 | 88 | | |
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| 89 | 89 | | (3) Set out by rule the criteria and procedures for the designation of pests for control or eradication." |
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| 90 | 90 | | |
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| 91 | 91 | | SECTION 5. Section 141-3.5, Hawaii Revised Statutes, is amended to read as follows: |
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| 92 | 92 | | |
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| 93 | 93 | | "§141-3.5 Control or eradication programs. (a) The department of agriculture shall develop and implement a detailed control or eradication program for [any pest] each taxa designated [in] as a pest for control or eradication pursuant to section 141-3, using the best available technology in a manner consistent with state and federal law. Each program shall include actions to prevent the spread of the pest, including |
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| 94 | 94 | | |
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| 95 | 95 | | (1) The quarantine of appropriate materials within the infested area; |
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| 96 | 96 | | |
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| 97 | 97 | | (2) Treatment to control or eradicate the pest; and |
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| 98 | 98 | | |
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| 99 | 99 | | (3) Outreach to affected communities. |
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| 100 | 100 | | |
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| 101 | 101 | | (b) If the department of agriculture has not developed or implemented a detailed control or eradication program for a taxa designated as a pest for control or eradication pursuant to section 141-3 on an island where the pest is a public nuisance, the applicable county, or an invasive species committee, may develop and implement on the island a control or eradication program for the pest. |
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| 102 | 102 | | |
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| 103 | 103 | | [(b)] (c) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture, applicable county, or invasive species committee, shall implement an emergency program using the best available technology in a manner consistent with state and federal law. |
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| 104 | 104 | | |
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| 105 | 105 | | [(c)] (d) The department of agriculture: |
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| 106 | 106 | | |
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| 107 | 107 | | (1) In conjunction with the Hawaii Ant Lab, may identify best practices for the treatment of little fire ants; and |
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| 108 | 108 | | |
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| 109 | 109 | | (2) Shall post on its website any best practices identified for the treatment of little fire ants." |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 6. Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows: |
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| 112 | 112 | | |
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| 113 | 113 | | "§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture [or], applicable county, or invasive species committee shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property [for the control or eradication of a pest.] to carry out a control or eradication program developed under section 141-3.5, including the quarantine of materials. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department [or], county, or invasive species committee, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the pest control program and the procedures and methods to be used for control or eradication. |
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| 114 | 114 | | |
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| 115 | 115 | | (b) After notice as required by subsection (a), any member of the department, employee of the county, or member of the invasive species committee, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to [maintain a pest] carry out a control or eradication program[, being] developed under section 141-3.5, and shall be liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If entry is refused, the department member, county employee, or committee member, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a [police] law enforcement officer of the circuit to assist the department member, county employee, committee member, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times." |
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| 116 | 116 | | |
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| 117 | 117 | | SECTION 7. Section 141-6, Hawaii Revised Statutes, is amended to read as follows: |
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| 118 | 118 | | |
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| 119 | 119 | | "§141-6 Appeal from [inspector's] decision. Any person who feels aggrieved at any decision of the state plant regulatory official, the official's designee, or any inspector of the department of agriculture shall have the right to appeal from the decision to the board of agriculture. The board shall give a prompt hearing to the appellant and the inspector upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91." |
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| 120 | 120 | | |
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| 121 | 121 | | PART III |
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| 122 | 122 | | |
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| 123 | 123 | | SECTION 8. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 124 | 124 | | |
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| 125 | 125 | | "§150A- Designation of infested and restricted areas. (a) The department may designate by rule any area infested by pests. If an infested area is designated by rule, including interim rule, the area may be expanded by an order of the board to reflect the spread of a specific pest infestation and to implement quarantine measures to prevent movement of the pest and its pest host material from the infested area to restricted areas; provided that: |
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| 126 | 126 | | |
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| 127 | 127 | | (1) The board first obtains advice from qualified persons with relevant expertise, but the board need not obtain an advisory committee review; |
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| 128 | 128 | | |
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| 129 | 129 | | (2) The board designates the expanded infested area, identifying the revised geographical extent of the infestation; |
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| 130 | 130 | | |
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| 131 | 131 | | (3) The department issues a press release describing the expansion of the infested area, prior to the effective date of the designation; and |
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| 132 | 132 | | |
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| 133 | 133 | | (4) Notice of the board's action, including its effective date, is: |
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| 134 | 134 | | |
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| 135 | 135 | | (A) Posted on the department's website within one day of the board's action; and |
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| 136 | 136 | | |
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| 137 | 137 | | (B) Published in a daily or weekly publication of statewide circulation, or in separate daily or weekly publications with a combined statewide circulation, within twelve days of the board's action. |
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| 138 | 138 | | |
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| 139 | 139 | | (b) The board's designation of an expanded infested area shall be effective the day after the board's action, unless a later effective date is specified by the board. |
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| 140 | 140 | | |
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| 141 | 141 | | (c) If a pest is found outside the infested area designated under subsection (a), the state plant regulatory official may make an emergency, temporary designation making the area where the pest was found an infested area. The emergency, temporary designation shall expire in thirty days or at the next meeting of the board, whichever is later." |
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| 142 | 142 | | |
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| 143 | 143 | | SECTION 9. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 144 | 144 | | |
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| 145 | 145 | | "§150A- Examples of pests. (a) Taxa that are pests include: |
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| 146 | 146 | | |
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| 147 | 147 | | (1) Oriental beetle Anomala orientalis Waterhouse, a serious insect pest of sugarcane; |
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| 148 | 148 | | |
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| 149 | 149 | | (2) Fern weevil Syagrius fulvitarisis Pascoe, an insect pest injurious to fern plants; |
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| 150 | 150 | | |
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| 151 | 151 | | (3) Giant African snail Achatina fulica Bowdich, a serious pest of horticultural and vegetable crops; |
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| 152 | 152 | | |
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| 153 | 153 | | (4) Cactus mealybug Dactylopius opuntiae Cockerell and other insects that feed on Opuntia species of cactus, pests injurious to cactus utilized for forage or ornamental purposes; |
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| 154 | 154 | | |
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| 155 | 155 | | (5) Hunting billbug Sphenophorus venatus vestitus Chittenden, a serious insect pest of turf and range grasses; |
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| 156 | 156 | | |
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| 157 | 157 | | (6) Coconut scale Aspidiotus destructor Signoret, a serious insect pest of palms, bananas, and more than four hundred more plants; |
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| 158 | 158 | | |
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| 159 | 159 | | (7) Sugarcane smut Ustilago scitaminea Syd., a serious fungus disease of sugarcane; |
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| 160 | 160 | | |
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| 161 | 161 | | (8) Papaya ringspot virus, a serious virus disease of papaya; |
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| 162 | 162 | | |
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| 163 | 163 | | (9) Orange spiny whitefly Aleurocanthus spiniferus Quaintance, a serious insect pest of rose and citrus; |
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| 164 | 164 | | |
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| 165 | 165 | | (10) Bristly rose slug Cladius differmis Panzar, a pest injurious to the rose plant; |
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| 166 | 166 | | |
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| 167 | 167 | | (11) Croton whitefly Orchamplatus mammaeferus Quaintance and Baker, a serious insect pest of croton and citrus; |
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| 168 | 168 | | |
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| 169 | 169 | | (12) Anthurium whitefly Aleurotulus sp., a serious insect pest of anthurium; |
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| 170 | 170 | | |
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| 171 | 171 | | (13) An anthurium whitefly Crenidorsum sp., a serious insect pest of anthurium, philodendron, and monstera; |
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| 172 | 172 | | |
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| 173 | 173 | | (14) Eurasian pine aphid Pineus pini Koch, a serious insect pest of pine; |
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| 174 | 174 | | |
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| 175 | 175 | | (15) Fiery skipper Hylephila phyleus Drury, a serious pest of turf and pasture grasses and ornamental sedges; |
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| 176 | 176 | | |
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| 177 | 177 | | (16) Taro root aphid Pemphigus sp., a serious pest of dryland taro; |
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| 178 | 178 | | |
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| 179 | 179 | | (17) Eucalyptus canker Cryphonectria cubensis Bruner Hodges, a serious disease of Eucalyptus species; |
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| 180 | 180 | | |
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| 181 | 181 | | (18) Giant salvinia - Salvinia molesta Mitchell; |
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| 182 | 182 | | |
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| 183 | 183 | | (19) Water spangles - Salvinia minima Baker; |
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| 184 | 184 | | |
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| 185 | 185 | | (20) Water lettuce - Pistia stratiotes L.; |
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| 186 | 186 | | |
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| 187 | 187 | | (21) Fusarium wilt of banana Fusarium spp.; |
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| 188 | 188 | | |
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| 189 | 189 | | (22) Citrus huanglongbing Candidatus Liberibacter spp., responsible for citrus greening; |
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| 190 | 190 | | |
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| 191 | 191 | | (23) Palm lethal yellows Candidatus Phytoplasma spp., responsible for lethal diseases of palm; |
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| 192 | 192 | | |
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| 193 | 193 | | (24) Colocasia bobone disease associated virus Cytorhabdovirus colocasiae, a lethal pathogen associated with alomae bobone disease of taro; |
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| 194 | 194 | | |
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| 195 | 195 | | (25) Sweet potato virus disease Sweet potato chlorotic stunt virus, a lethal disease of sweet potato; |
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| 196 | 196 | | |
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| 197 | 197 | | (26) Hala scale Thysanococcus pandani Stickney, a serious pest of hala, an environmentally and culturally significant indigenous plant; |
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| 198 | 198 | | |
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| 199 | 199 | | (27) Macadamia felted coccid Acanthococcus ironsidei (Williams, 1973), a detrimental pest to the macadamia nut industry in Hawaii; |
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| 200 | 200 | | |
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| 201 | 201 | | (28) Acalolepta aesthetica (Olliff), an invasive longhorn beetle that attacks many plant species; |
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| 202 | 202 | | |
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| 203 | 203 | | (29) Two-lined spittlebug Prosapia bicincta (Say), a serious pest of range grasses; |
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| 204 | 204 | | |
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| 205 | 205 | | (30) Citrus canker - Xanthomonas citri subsp. citri, a serious disease of citrus; |
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| 206 | 206 | | |
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| 207 | 207 | | (31) Citrus black spot Phyllosticta citricarpa (McAlpine) Aa, a serious disease of citrus; and |
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| 208 | 208 | | |
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| 209 | 209 | | (32) Any taxa designated as a pest for control or eradication pursuant to chapter 4-69A, Hawaii Administrative Rules, including any taxa designated as a noxious weed pursuant to chapter 4-68, Hawaii Administrative Rules. |
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| 210 | 210 | | |
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| 211 | 211 | | (b) If the scientific name or common name of a taxon referred to in this chapter is changed to a new scientific name or common name accepted by the International Code of Zoological Nomenclature or the International Plant Names Index, the reference in this chapter shall be construed to refer to the new scientific name or common name." |
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| 212 | 212 | | |
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| 213 | 213 | | SECTION 10. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 214 | 214 | | |
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| 215 | 215 | | "§150A- Abatement of a public nuisance. (a) Whenever it deems necessary, the department may require an inspection of any orchards, nurseries, trees, plants, vegetables, vines or field crops or any fruit packing house, storeroom, salesroom or any other place or thing within the State. |
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| 216 | 216 | | |
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| 217 | 217 | | (b) Any places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, field crops or articles found to be infested or infected with any insects or other plant pests that are injurious to fruits, plants, trees, vegetables, vines, grain or other field crops, or with seeds, eggs, larvae or pupae of injurious insects or other pests liable to spread to other places or localities, or of such a nature as to be a public danger, shall be declared a public nuisance. The department shall give the record owner or owners written notice that the articles, things or places are infested or infected. |
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| 218 | 218 | | |
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| 219 | 219 | | (c) Any authorized officer, employee or inspector of the department may, where an urgent situation exists, abate any public nuisance; provided that the officer, employee, or inspector shall: |
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| 220 | 220 | | |
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| 221 | 221 | | (1) Do as little damage as possible to the things or premises on which, or in which, the nuisance exists; and |
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| 222 | 222 | | |
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| 223 | 223 | | (2) Provide subsequent notice of the abatement, by mail, to the property owner or owners. |
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| 224 | 224 | | |
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| 225 | 225 | | (d) The department shall not be liable for any loss incurred during the abatement of a public nuisance pursuant to this section; provided that this subsection shall not apply to abatement-related losses caused by the application of a pesticide in a faulty, careless or negligent manner. |
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| 226 | 226 | | |
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| 227 | 227 | | (e) For purposes of this section, a public nuisance shall include: |
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| 228 | 228 | | |
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| 229 | 229 | | (1) A pest, other than a pest possessed or moved in under a permit or compliance agreement; or |
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| 230 | 230 | | |
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| 231 | 231 | | (2) A plant; crop; agricultural, horticultural, or forest commodity; or product that is infested with or harbors a pest." |
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| 232 | 232 | | |
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| 233 | 233 | | SECTION 11. Section 150A-1, Hawaii Revised Statutes, is amended to read as follows: |
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| 234 | 234 | | |
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| 235 | 235 | | "[[]§150A-1[]] Short title. This chapter may be cited as the "Hawaii [Plant Quarantine] Invasive Species Law"." |
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| 236 | 236 | | |
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| 237 | 237 | | SECTION 12. Section 150A-2, Hawaii Revised Statutes, is amended as follows: |
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| 238 | 238 | | |
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| 239 | 239 | | 1. By adding six new definitions to be appropriately inserted and to read: |
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| 240 | 240 | | |
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| 241 | 241 | | ""Compliance agreement" means a written agreement between the department and a person who carries out commercial activities and that includes any terms or conditions that the state plant regulatory official determines will slow or prevent the spread of a pest. A compliance agreement constitutes a permit issued by the department. |
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| 242 | 242 | | |
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| 243 | 243 | | "Infested" means harboring a pest. |
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| 244 | 244 | | |
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| 245 | 245 | | "Infested area" means an island or area within the State where a specific pest is known to be established. |
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| 246 | 246 | | |
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| 247 | 247 | | "Person" means an individual, firm, corporation, association, partnership or other entity, including a governmental or nonprofit entity. |
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| 248 | 248 | | |
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| 249 | 249 | | "Pest host material" means any plant, propagative plant part, non-propagative plant part, soil, or any other thing that is transporting or harboring a pest. |
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| 250 | 250 | | |
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| 251 | 251 | | "Restricted area" means an island or locality within the State where a specific pest is not known to be established, or where an eradication or control project is being conducted by the department, or another entity recognized by the state plant regulatory official." |
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| 252 | 252 | | |
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| 253 | 253 | | 2. By amending the definition of "pest" to read: |
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| 254 | 254 | | |
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| 255 | 255 | | ""Pest" means [any]: |
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| 256 | 256 | | |
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| 257 | 257 | | (1) Any plant, animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment [as]; or |
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| 258 | 258 | | |
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| 259 | 259 | | (2) A taxa determined by the board[.] to be a pest." |
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| 260 | 260 | | |
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| 261 | 261 | | SECTION 13. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows: |
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| 262 | 262 | | |
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| 263 | 263 | | "§150A-5 Conditions of importation. (a) The importation of any material that is infested or infected with a pest or that is itself a pest is prohibited unless imported under an appropriate permit or compliance agreement. |
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| 264 | 264 | | |
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| 265 | 265 | | (b) The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut‑flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant‑growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which such articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth: |
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| 266 | 266 | | |
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| 267 | 267 | | (1) Notification of arrival. Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department, in writing, of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same, and shall hold such articles at the pier, airport, or any other place where they are first received or discharged, in such a manner that they will not spread or be likely to spread any infestation or infection of a pest, including insects or diseases that may be present until inspection and examination can be made by the inspector to determine whether or not any article, or any portion thereof, is infested or infected with or contains any pest. The department may adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests. In addition, the department shall adopt rules to designate restricted articles that shall [require]: |
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| 268 | 268 | | |
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| 269 | 269 | | (A) [A] Require a permit from the department in advance of importation; [or] |
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| 270 | 270 | | |
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| 271 | 271 | | (B) [A] Require a department letter of authorization or registration in advance of importation[.]; or |
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| 272 | 272 | | |
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| 273 | 273 | | (C) Be imported pursuant to a compliance agreement. |
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| 274 | 274 | | |
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| 275 | 275 | | The restricted articles shall include but not be limited to certain microorganisms or living insects. Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section; |
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| 276 | 276 | | |
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| 277 | 277 | | (2) Individual passengers, officers, and crew. |
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| 278 | 278 | | |
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| 279 | 279 | | (A) It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii plant and animal declaration form to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon. All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State the articles listed on the form, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members. Any person who defaces the declaration form required under this section, gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section; |
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| 280 | 280 | | |
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| 281 | 281 | | (B) Completed forms shall be collected by the transportation company and be delivered, immediately upon arrival, to the inspector at the first airport or seaport of arrival. Failure to distribute or collect declaration forms or to immediately deliver completed forms is a violation of this section; and |
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| 282 | 282 | | |
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| 283 | 283 | | (C) It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch. Failure to comply with this requirement is a violation of this section; |
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| 284 | 284 | | |
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| 285 | 285 | | (3) Plant and animal declaration form. The form shall include directions for declaring domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter; |
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| 286 | 286 | | |
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| 287 | 287 | | (4) Labels. Each container in which any of the above-mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container. Upon failure to comply with this paragraph, the importer or carrier is in violation of this section; |
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| 288 | 288 | | |
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| 289 | 289 | | (5) Authority to inspect. [Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the] An inspector may: |
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| 290 | 290 | | |
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| 291 | 291 | | (A) Conduct inspections on the pier, vessel, aircraft, or in any quarantine area, of any persons, baggage, cargo, and any other articles destined for movement between the islands of Hawaii or being imported into the State from the continental United States, Guam, Puerto Rico, or the United States Virgin Islands, for purposes of determining whether a regulated or restricted insect, pest, disease, or taxa is present; and |
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| 292 | 292 | | |
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| 293 | 293 | | [(A)] (B) Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, and enter into or upon any pier, warehouse, or any other place in the State, for the purpose of [determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;] conducting an inspection pursuant to subparagraph (A); |
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| 294 | 294 | | |
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| 295 | 295 | | [(B) Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and |
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| 296 | 296 | | |
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| 297 | 297 | | (C) Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter. No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed. |
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| 298 | 298 | | |
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| 299 | 299 | | Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area. |
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| 300 | 300 | | |
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| 301 | 301 | | Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the Hawaiian Islands, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;] |
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| 302 | 302 | | |
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| 303 | 303 | | (6) Request for importation and inspection. In addition to requirements of the appropriate United States [customs] authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and: |
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| 304 | 304 | | |
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| 305 | 305 | | (A) Giving the following additional information: |
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| 306 | 306 | | |
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| 307 | 307 | | (i) The kind (scientific name), quantity, and description; |
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| 308 | 308 | | |
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| 309 | 309 | | (ii) The locality where same were grown or produced; |
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| 310 | 310 | | |
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| 311 | 311 | | (iii) Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately prior to importation or have been specifically approved for importation by the board; |
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| 312 | 312 | | |
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| 313 | 313 | | (iv) The port from which the same were last shipped; |
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| 314 | 314 | | |
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| 315 | 315 | | (v) The name of the shipper; and |
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| 316 | 316 | | |
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| 317 | 317 | | (vi) The name of the consignee; and |
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| 318 | 318 | | |
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| 319 | 319 | | (B) Containing: |
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| 320 | 320 | | |
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| 321 | 321 | | (i) A request that the department, by its duly authorized agent, examine the articles described; |
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| 322 | 322 | | |
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| 323 | 323 | | (ii) An agreement by the importer to be responsible for all costs, charges, or expenses; and |
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| 324 | 324 | | |
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| 325 | 325 | | (iii) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary. |
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| 326 | 326 | | |
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| 327 | 327 | | Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State; |
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| 328 | 328 | | |
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| 329 | 329 | | (7) Place of inspection. If, in the judgment of the inspector, it is deemed necessary or advisable to move any [of the above-mentioned articles, or any portion thereof,] item or material to a place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the inspector is authorized to do so. All costs and expenses incident to the movement and transportation of the [articles] items or materials to [such] a suitable place shall be borne by the importer or the importer's agent. If the importer, importer's agent, or transportation company requests inspection of sealed containers of the above-mentioned [articles] items or materials at locations other than where the [articles] items or materials are first received or discharged and the department determines that inspection at [such] the place is appropriate, the department may require payment of costs necessitated by these inspections, including overtime costs; |
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| 330 | 330 | | |
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| 331 | 331 | | (8) Disinfection or quarantine. If, upon inspection, any [article] item or material received or brought into the State for the purpose of debarkation or entry therein or moved between islands of the State is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, [a treatment shall be given such article.] the item or material shall be treated. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The [article] item or material shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the [article] item or material to be treated or to be responsible for the cost of treatment and quarantine, the [article,] item or material, or any portion thereof, together with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or the owner's agent. [Such] The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; |
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| 332 | 332 | | |
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| 333 | 333 | | (9) Disposition. Upon completion of inspection, either at the time of arrival or at any time thereafter should any [article] item or material be held for inspection, treatment, or quarantine, the inspector shall affix to the [article] item or material or the container or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the [article] item, material, or container has been inspected and passed. This action shall constitute a permit to bring the [article] item, material, or container into the State; and |
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| 334 | 334 | | |
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| 335 | 335 | | (10) Ports of entry. None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board." |
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| 336 | 336 | | |
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| 337 | 337 | | SECTION 14. Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
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| 338 | 338 | | |
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| 339 | 339 | | "(b) In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section [150A-5(9),] 150A-5(b)(9), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board." |
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| 340 | 340 | | |
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| 341 | 341 | | SECTION 15. Section 150A-6.1, Hawaii Revised Statutes, is amended as follows: |
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| 342 | 342 | | |
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| 343 | 343 | | 1. By amending subsection (b) to read: |
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| 344 | 344 | | |
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| 345 | 345 | | "(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, 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] pursuant to chapter 152 as noxious weeds are designated as restricted plants." |
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| 346 | 346 | | |
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| 347 | 347 | | 2. By amending subsection (d) to read: |
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| 348 | 348 | | |
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| 349 | 349 | | "(d) Noxious weeds may be imported only for research, by permit, and shall not be offered for sale [or], sold, or transported within in the State." |
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| 350 | 350 | | |
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| 351 | 351 | | SECTION 16. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows: |
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| 352 | 352 | | |
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| 353 | 353 | | "§150A-8 Transporting in State. [Flora and] (a) No flora, fauna, pest host material, or other item or material specified by [rules and regulations of] the department shall [not] be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department[.] or pursuant to a compliance agreement approved by the department. |
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| 354 | 354 | | |
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| 355 | 355 | | (b) No pest shall be transported, harbored, reared, or bred in the State. |
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| 356 | 356 | | |
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| 357 | 357 | | (c) No pest host material that is infested or infected with an insect, disease, or pest shall be transported between islands or from one part or locality of any island to another part or locality of the same island, unless: |
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| 358 | 358 | | |
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| 359 | 359 | | (1) Fumigated, treated with pesticide, or otherwise treated, as determined by the state plant regulatory official; or |
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| 360 | 360 | | |
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| 361 | 361 | | (2) Approved by the state plant regulatory official for transport to an island or location where the pest is known to be established. |
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| 362 | 362 | | |
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| 363 | 363 | | (d) Notwithstanding subsections (a), (b), and (c), any pest or plant, plant parts, soil, or pest host material infested or infected with a pest may be transported without inspection between islands or between parts or localities of the same island: |
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| 364 | 364 | | |
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| 365 | 365 | | (1) By the department for diagnostics, research, testing, or educational purposes; or |
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| 366 | 366 | | |
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| 367 | 367 | | (2) By an institution approved by the board, a government agency, or a university for research, testing, or educational purposes; provided that the destination site shall be inspected and approved by the state plant regulatory official prior to transport. |
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| 368 | 368 | | |
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| 369 | 369 | | (e) The state plant regulatory official may prohibit the movement of any pest host material that is offered for sale, barter, or donation or otherwise to be given away to the public if the official determines that the pest host material is infested or infected with an insect, disease, or pest. The state plant regulatory official may compel the treatment or destruction of the material as set out in subsection (c). If the material was, or is, stored in an area that is infested or infected with an insect, disease, or pest, then the offical may require appropriate treatment of the area prior to authorizing the movement of the material. |
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| 370 | 370 | | |
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| 371 | 371 | | (f) Pest host material subject to the prohibition in subsection (e) shall be: |
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| 372 | 372 | | |
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| 373 | 373 | | (1) Treated to eradicate the insect, disease, or pest, as approved and supervised by the state plant regulatory official; |
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| 374 | 374 | | |
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| 375 | 375 | | (2) Destroyed using a method approved and supervised by the state plant regulatory official; or |
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| 376 | 376 | | |
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| 377 | 377 | | (3) If not treated or destroyed: |
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| 378 | 378 | | |
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| 379 | 379 | | (A) Transported only pursuant to a permit issued by the state plant regulatory official; or |
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| 380 | 380 | | |
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| 381 | 381 | | (B) Subjected to any other disposition approved by the state plant regulatory official, including the transportation of untreated infested or infected pest host material or an insect, disease, or pest to an island or location where the insect, disease, or pest is known to be established. |
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| 382 | 382 | | |
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| 383 | 383 | | (g) The State shall not be liable for any economic losses or damages related to any actions taken by the department pursuant to this section, including any treatment, quarantine, or the destruction of any item." |
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| 384 | 384 | | |
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| 385 | 385 | | PART IV |
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| 386 | 386 | | |
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| 387 | 387 | | SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 388 | 388 | | |
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| 389 | 389 | | SECTION 18. This Act shall take effect upon its approval. |
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| 390 | 390 | | |
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| 391 | 391 | | |
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| 392 | 392 | | |
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| 393 | 393 | | INTRODUCED BY: _____________________________ |
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| 394 | 394 | | |
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| 395 | 395 | | INTRODUCED BY: |
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| 396 | 396 | | |
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| 397 | 397 | | _____________________________ |
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| 398 | 398 | | |
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| 399 | 399 | | |
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| 400 | 400 | | |
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| 401 | 401 | | |
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| 402 | 402 | | |
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| 403 | 403 | | Report Title: Invasive Species; Pests Description: Clarifies the law on the detection and management of pests and invasive species. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 404 | 404 | | |
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| 405 | 405 | | |
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| 406 | 406 | | |
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| 407 | 407 | | |
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| 408 | 408 | | |
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| 409 | 409 | | |
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| 410 | 410 | | |
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| 411 | 411 | | Report Title: |
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| 412 | 412 | | |
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| 413 | 413 | | Invasive Species; Pests |
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| 414 | 414 | | |
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| 415 | 415 | | |
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| 416 | 416 | | |
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| 417 | 417 | | Description: |
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| 418 | 418 | | |
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| 419 | 419 | | Clarifies the law on the detection and management of pests and invasive species. |
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| 420 | 420 | | |
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| 421 | 421 | | |
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| 422 | 422 | | |
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| 423 | 423 | | |
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| 424 | 424 | | |
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| 425 | 425 | | |
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| 426 | 426 | | |
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| 427 | 427 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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