REPORT TITLE:
Microorganisms


DESCRIPTION:
Simplifies microorganism import requirements; establishes permit
revolving fund; deletes list of prohibited plants.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3199
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE. 


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

 1      SECTION 1.  Chapter 150A, Hawaii Revised Statutes, is
 
 2 amended by adding seven new sections to be designated and to read
 
 3 as follows:
 
 4      "150A-6.1  Plant import.  (a)  The board shall maintain a
 
 5 list of restricted plants that require a permit for entry into
 
 6 the State.  Restricted plants shall not be imported into the
 
 7 State without a permit issued pursuant to rules.
 
 8      (b)  The department shall designate, by rule, as restricted
 
 9 plants specific plants that spread or may be likely to spread an
 
10 infestation or infection of an insect, pest, or disease that is
 
11 detrimental or potentially harmful to agriculture, horticulture,
 
12 the environment, animal or public health.  In addition, plant
 
13 species designated by rule as noxious weeds are designated as
 
14 restricted plants.
 
15      150A-6.2  Animal import.  (a)  The board shall maintain:
 
16      (1)  A list of conditionally approved animals that require a
 
17           permit for import into the State;
 
18      (2)  A list of restricted animals that require a permit for
 
19           both import into the State and possession; and
 

 
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 1      (3)  A list of animals that are prohibited entry into the
 
 2           State;
 
 3 provided that the board shall adopt rules, pursuant to
 
 4 chapter 91, to establish an advisory committee of no fewer than
 
 5 three members with applicable expertise in vertebrate biology to
 
 6 identify whether an animal is a prohibited hybrid animal when the
 
 7 department suspects that the lineage of the animal is not as
 
 8 stated by the owner or on other official documents.
 
 9      (b)  Animals on the lists of conditionally approved and
 
10 restricted animals shall be imported only by permit.  Any animal
 
11 that is not on the lists of conditionally approved, restricted,
 
12 or prohibited animals shall be prohibited until the board's
 
13 review and determination for placement on one of these lists;
 
14 provided that the department may issue a special permit on a
 
15 case-by-case basis for the importation and possession of an
 
16 animal that is not on the lists of prohibited, restricted, or
 
17 conditionally approved animals, for the purpose of remediating
 
18 medical emergencies or agricultural or ecological disasters, or
 
19 conducting medical or scientific research in a manner that the
 
20 animal will not be detrimental to agriculture, the environment,
 
21 or humans if the importer of the animal can meet permit
 
22 requirements as determined by the board; and provided further
 
23 that the department may issue a short-term special permit on a
 

 
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 1 case-by-case basis not to exceed ninety days for the importation
 
 2 and possession of an animal that is not on the lists of
 
 3 prohibited, restricted, or conditionally approved animals for the
 
 4 purpose of filming, performance, or exhibition if the importer of
 
 5 the animal can meet permit and bonding requirements as determined
 
 6 by the board.
 
 7      150A-6.3  Microorganism import.  (a)  The board shall
 
 8 maintain:
 
 9      (1)  A list of nonrestricted microorganisms allowed entry
 
10           into the State without a permit;
 
11      (2)  A list of restricted microorganisms that require a
 
12           permit for import into the State and possession; and
 
13      (3)  A list of microorganisms that are select human
 
14           pathogens allowed entry into the State without a permit
 
15           but that require the department to notify the
 
16           department of health of entry for the purpose of
 
17           possible department of health inspection and
 
18           monitoring;
 
19 Import of a microorganism on these lists, as well as import of
 
20 any unlisted microorganism, shall be subject to the notification,
 
21 labeling, and inspection requirements of section 150A-5 and is
 
22 allowed only as provided herein.
 
23      (b)  Import of a microorganism on the restricted list of
 

 
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 1 microorganisms shall be by permit issued pursuant to rules and
 
 2 subject to conditions established by rules; provided that, if the
 
 3 department in its discretion determines that import of a
 
 4 microorganism on the restricted list or the microorganism's
 
 5 proposed use presents a high risk to agriculture, horticulture,
 
 6 the environment, or animal or public health, the import request
 
 7 shall be subject to advisory committee review and board approval,
 
 8 including a determination that the importer is able to comply
 
 9 with conditions established by the board, before a permit may be
 
10 issued.
 
11      (c)  Import and possession of an unlisted microorganism may
 
12 be allowed based on the department's determination of the level
 
13 of risk presented by the import, including its proposed use, to
 
14 agriculture, horticulture, the environment, or animal or public
 
15 health, the method of import being either a letter of
 
16 authorization or special permit issued by the department, without
 
17 advisory committee review and board approval, or, alternatively,
 
18 a special permit issued by the department subsequent to advisory
 
19 committee review and board approval, according to risk level as
 
20 provided by rule; and further provided that, in the latter
 
21 instance, the importer is able to comply with conditions
 
22 established by the board.
 
23      (d)  The department may issue an emergency permit on a
 

 
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 1 case-by-case basis to a state or federal agency or state
 
 2 university to allow import and possession of a microorganism on
 
 3 the list of restricted microorganisms or an unlisted
 
 4 microorganism for the purpose of remediating any emergency or
 
 5 disaster affecting agriculture, horticulture, the environment,
 
 6 animal or public health; provided that:
 
 7      (1)  The board, without advisory committee review, first
 
 8           obtains advice from qualified persons with relevant
 
 9           expertise;
 
10      (2)  The board determines that import in less time than is
 
11           required for issuance of a special permit under
 
12           subsections (b) and (c), as applicable, is necessary to
 
13           remediate the emergency or disaster; and
 
14      (3)  The importer is able to meet conditions established by
 
15           the board.
 
16      (e)  Microbial products may be imported as follows:
 
17      (1)  Microbial products containing certain strains of
 
18           microorganisms on the nonrestricted list of
 
19           microorganisms, as identified by rule, may enter the
 
20           State without a permit but shall not be imported
 
21           without registration issued pursuant to rules.  Import
 
22           of an unregistered microbial product required to be
 
23           registered with the department is a violation of this
 

 
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 1           section; and
 
 2      (2)  Import of microbial products other than those products
 
 3           required to be registered pursuant to paragraph (1)
 
 4           shall be by permit, as provided in subsections (b) and
 
 5           (c), as applicable.
 
 6      150A-6.4  Permit requirement.  Except as otherwise provided
 
 7 in this part, all permits referenced in sections 150A-6 to
 
 8 150A-6.3 shall be issued pursuant to rules.  Any violation of
 
 9 conditions listed on the permits shall be a violation of this
 
10 chapter.
 
11      150A-6.5  Prohibition against possession, etc; exception.
 
12 No person shall possess, propagate, sell, transfer, or harbor any
 
13 animal included on the list of prohibited animals maintained by
 
14 the board upon a determination that the species:
 
15      (1)  Was initially permitted entry and later prohibited
 
16           entry into the State; or
 
17      (2)  Was continually prohibited but unlawfully introduced
 
18           and is currently established in the State; and
 
19      (3)  Is not significantly harmful to agriculture,
 
20           horticulture, animal or public health, and the
 
21           environment.
 
22 Under the circumstances described in this section, the board may
 
23 permit possession of the individual animal through its
 

 
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 1 registration with the department while still prohibiting the same
 
 2 species of animal from importation, propagation, transfer, and
 
 3 sale.
 
 4      150A-6.6  Import lists amendment.  Without regard to the
 
 5 notice and public hearing requirements of chapter 91, the board
 
 6 may adopt rules to make additions to or deletions from the lists
 
 7 required to be maintained in sections 150A-6.1 to 150A-6.3;
 
 8 provided that the board shall adopt rules pursuant to chapter 91
 
 9 to establish methods to obtain public input and to notify the
 
10 public as to any additions to or deletions from the lists
 
11 required under sections 150A-6.1 to 150A-6.3.
 
12      150A-6.7  Permit revolving fund.  (a)  There is established
 
13 in the state treasury the permit revolving fund which shall be
 
14 administered by the department for the purposes of this section.
 
15 The permit revolving fund shall consist of:
 
16      (1)  Legislative appropriations to the permit revolving
 
17           fund;
 
18      (2)  User fees as authorized by rule;
 
19      (3)  All interest earned on or accrued to moneys deposited
 
20           in the permit revolving fund;
 
21      (4)  Grants and gifts to the permit revolving fund; and
 
22      (5)  Any other moneys made available to the permit revolving
 
23           fund from other sources.
 

 
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 1      (b)  The department shall expend moneys in the permit
 
 2 revolving fund to facilitate the processing and issuance of
 
 3 permits, amendment of lists of creatures prohibited or allowed
 
 4 for import, compliance monitoring activities, and for training,
 
 5 personnel, educational workshops, materials and equipment, and
 
 6 any other purpose deemed necessary to carry out the purposes of
 
 7 this part."
 
 8      SECTION 2.  Section 150A-2, Hawaii Revised Statutes, is
 
 9 amended by adding two new definitions to be appropriately
 
10 inserted and to read as follows:
 
11      ""Microbial product" means any product manufactured with
 
12 known cultures of microorganisms for the purpose of
 
13 bioremediation or bioaugmentation, including products such as
 
14 microbial pesticides.
 
15      "Unlisted microorganism" means any microorganism not on the
 
16 lists of nonrestricted or restricted microorganisms or on the
 
17 list of select human pathogen microorganisms."
 
18      SECTION 3.  Section 150A-5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "150A-5 Conditions of importation.  The importation into
 
21 the State of any of the following articles, viz., nursery-stock,
 
22 tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud,
 
23 seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain,
 

 
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 1 cereal, or legume in the natural or raw state; moss, hay, straw,
 
 2 dry-grass, or other forage; unmanufactured log, limb, or timber,
 
 3 or any other plant-growth or plant-product, unprocessed or in the
 
 4 raw state; soil; [bacteria, fungus, or virus;] microorganisms;
 
 5 live bird, reptile, nematode, insect, or any other animal in any
 
 6 stage of development (that is in addition to the so-called
 
 7 domestic animal, the quarantine of which is provided for in
 
 8 chapter 142); box, vehicle, baggage, or any other container in
 
 9 which such articles have been transported or any packing material
 
10 used in connection therewith shall be made in the manner
 
11 hereinafter set forth:
 
12      (1)  Notification of arrival.  Any person who receives for
 
13           transport or brings or causes to be brought to the
 
14           State as freight, air freight, baggage, or otherwise,
 
15           for the purpose of debarkation or entry therein, or as
 
16           ship's stores, any of the foregoing articles, shall,
 
17           immediately upon the arrival thereof, notify the
 
18           department, in writing, of the arrival, giving the
 
19           waybill number, container number, name and address of
 
20           the consignor, name and address of the consignee or the
 
21           consignee's agent in the State, marks, number of
 
22           packages, description of contents of each package, port
 
23           at which laden, and any other information that may be
 

 
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 1           necessary to locate or identify the same, and shall
 
 2           hold such articles at the pier, airport, or any other
 
 3           place where they are first received or discharged, in
 
 4           such a manner that they will not spread or be likely to
 
 5           spread any infestation or infection of insects or
 
 6           diseases that may be present until inspection and
 
 7           examination can be made by the inspector to determine
 
 8           whether or not any article, or any portion thereof, is
 
 9           infested or infected with or contains any pest.  In
 
10           addition, the department by rules shall designate
 
11           restricted articles that shall require a permit from
 
12           the department in advance of importation[.] and shall
 
13           designate other articles that shall require a
 
14           department letter of authorization or registration in
 
15           advance of importation.  The restricted articles shall
 
16           include, but not be limited to, [fungi, bacteria,
 
17           virus,] certain microorganisms, or living insects.
 
18           Failure to obtain the permit, letter of authorization,
 
19           or registration in advance is a violation of this
 
20           section.
 
21      (2)  Individual passengers, officers, and crew.
 
22           (A)  It shall be the responsibility of the
 
23                transportation company to distribute, prior to the
 

 
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 1                debarkation of passengers and baggage, the State
 
 2                of Hawaii plant and animal declaration form to
 
 3                each passenger, officer, and crew member of any
 
 4                aircraft or vessel originating in the continental
 
 5                United States or its possessions or from any other
 
 6                area not under the jurisdiction of the appropriate
 
 7                federal agency in order that the passenger,
 
 8                officer, or crew member can comply with the
 
 9                directions and requirements appearing thereon.
 
10                All passengers, officers, and crew members,
 
11                whether or not they are bringing or causing to be
 
12                brought for entry into the State the articles
 
13                listed on the form, shall complete the
 
14                declaration, except that one adult member of a
 
15                family may complete the declaration for other
 
16                family members.  Any person who defaces the
 
17                declaration form required under this section,
 
18                gives false information, fails to declare
 
19                restricted articles in the person's possession or
 
20                baggage, or fails to declare in cargo manifests is
 
21                in violation of this section.
 
22           (B)  Completed forms shall be collected by the
 
23                transportation company and be delivered,
 

 
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 1                immediately upon arrival, to the inspector at the
 
 2                first airport or seaport of arrival.  Failure to
 
 3                distribute or collect declaration forms or to
 
 4                immediately deliver completed forms is a violation
 
 5                of this section.
 
 6           (C)  It shall be the responsibility of the officers and
 
 7                crew of an aircraft or vessel originating in the
 
 8                continental United States or its possessions or
 
 9                from any other area not under the jurisdiction of
 
10                the appropriate federal agency to immediately
 
11                report all sightings of any plants and animals to
 
12                the plant quarantine branch.  Failure to comply
 
13                with this requirement is a violation of this
 
14                section.
 
15      (3)  Plant and animal declaration form.  The form shall
 
16           include directions for declaring domestic and other
 
17           animals cited in chapter 142, in addition to the
 
18           articles enumerated in this chapter.
 
19      (4)  Labels.  Each container in which any of the above-
 
20           mentioned articles are imported into the State shall be
 
21           plainly and legibly marked, in a conspicuous manner and
 
22           place, with the name and address of the shipper or
 
23           owner forwarding or shipping the same, the name or mark
 

 
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 1           of the person to whom the same is forwarded or shipped
 
 2           or the person's agent, the name of the country, state,
 
 3           or territory and locality therein where the product was
 
 4           grown or produced, and a statement of the contents of
 
 5           the container.  Upon failure to comply with this
 
 6           paragraph, the importer or carrier is in violation of
 
 7           this section.
 
 8      (5)  Authority to inspect.  Whenever the inspector has good
 
 9           cause to believe that the provisions of this chapter
 
10           are being violated, the inspector may:
 
11           (A)  Enter and inspect any aircraft, vessel, or other
 
12                carrier at any time after its arrival within the
 
13                boundaries of the State, whether offshore, at the
 
14                pier, or at the airport, for the purpose of
 
15                determining whether any of the articles or pests
 
16                enumerated in this chapter or rules adopted
 
17                thereto, is present.
 
18           (B)  Enter into or upon any pier, warehouse, airport,
 
19                or any other place in the State where any of the
 
20                above-mentioned articles are moved or stored, for
 
21                the purpose of ascertaining, by inspection and
 
22                examination, whether or not any of the articles is
 
23                infested or infected with any pest or disease or
 

 
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 1                contaminated with soil or contains prohibited
 
 2                plants or animals.
 
 3           (C)  Inspect any baggage or personal effects of
 
 4                disembarking passengers, officers, and crew
 
 5                members on aircraft or vessels arriving in the
 
 6                State to ascertain if they contain any of the
 
 7                articles or pests enumerated in this chapter.  No
 
 8                baggage or other personal effects of the
 
 9                passengers or crew members shall be released until
 
10                the baggage or effects have been passed.
 
11                Baggage or cargo inspection shall be made at the
 
12                discretion of the inspector, on the pier, vessel,
 
13                or aircraft or in any quarantine or inspection
 
14                area.
 
15                     Whenever the inspector has good cause to
 
16                believe that the provisions of this chapter are
 
17                being violated, the inspector may require that any
 
18                box, package, suitcase, or any other container
 
19                carried as ship's stores, cargo, or otherwise by
 
20                any vessel or aircraft moving between the
 
21                continental United States and Hawaii or between
 
22                the Hawaiian Islands, be opened for inspection to
 
23                determine whether any article or pest prohibited
 

 
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 1                by this chapter or by rules adopted pursuant
 
 2                thereto is present.  It is a violation of this
 
 3                section if any prohibited article or any pest or
 
 4                any plant, fruit, or vegetable infested with plant
 
 5                pests is found.
 
 6      (6)  Request for importation and inspection.  In addition to
 
 7           requirements of the United States customs authorities
 
 8           concerning invoices or other formalities incident to
 
 9           importations into the State, the importer shall be
 
10           required to file a written statement with the
 
11           department, signed by the importer or the importer's
 
12           agent, setting forth the importer's desire to import
 
13           certain of the above-mentioned articles into the State
 
14           and giving the following additional information:  the
 
15           kind (scientific name), quantity, and description; the
 
16           locality where same were grown or produced; the
 
17           certification that all animals to be imported are the
 
18           progeny of captive populations or have been held in
 
19           captivity for a period of one year immediately prior to
 
20           importation or have been specifically approved for
 
21           importation by the board; the port from which the same
 
22           were last shipped; the name of the shipper; and the
 
23           name of the consignee.  The statement shall also
 

 
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 1           contain:
 
 2           (A)  A request that the department, by its duly
 
 3                authorized agent, examine the articles described;
 
 4           (B)  An agreement by the importer to be responsible for
 
 5                all costs, charges, or expenses; and
 
 6           (C)  A waiver of all claims for damages incident to the
 
 7                inspection or the fumigation, disinfection,
 
 8                quarantine, or destruction of the articles, or any
 
 9                of them, as hereinafter provided, if any treatment
 
10                is deemed necessary.
 
11                Failure or refusal to file a statement, including
 
12           the agreement and waiver, is a violation of this
 
13           section and may, in the discretion of the department,
 
14           be sufficient cause for refusing to permit the entry of
 
15           the articles into the State.
 
16      (7)  Place of inspection.  If, in the judgment of the
 
17           inspector, it is deemed necessary or advisable to move
 
18           any of the above-mentioned articles, or any portion
 
19           thereof, to a place more suitable for inspection than
 
20           the pier, airport, or any other place where they are
 
21           first received or discharged, the inspector is
 
22           authorized to do so.  All costs and expenses incident
 
23           to the movement and transportation of the articles to
 

 
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 1           such place shall be borne by the importer or the
 
 2           importer's agent.
 
 3      (8)  Disinfection or quarantine.  If, upon inspection, any
 
 4           article so received or brought into the State for the
 
 5           purpose of debarkation or entry therein is found to be
 
 6           infested or infected or there is reasonable cause to
 
 7           presume that it is infested or infected and the
 
 8           infestation or infection can, in the judgment of the
 
 9           inspector, be eradicated, a treatment shall be given
 
10           such article.  The treatment shall be at the expense of
 
11           the owner or the owner's agent, and the treatment shall
 
12           be as prescribed by the department.  The article shall
 
13           be held in quarantine at the expense of the owner or
 
14           the owner's agent at a satisfactory place approved by
 
15           the department for a sufficient length of time to
 
16           determine that eradication has been accomplished.  If
 
17           the infestation or infection is of such nature or
 
18           extent that it cannot be effectively and completely
 
19           eradicated, or if it is a potentially destructive pest
 
20           or it is not widespread in the State, or after
 
21           treatment it is determined that the infestation or
 
22           infection is not completely eradicated, or if the owner
 
23           or the owner's agent refuses to allow the article to be
 

 
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 1           treated or to be responsible for the cost of treatment
 
 2           and quarantine, the article, or any portion thereof,
 
 3           together with all packing and containers, may, at the
 
 4           discretion of the inspector, be destroyed or sent out
 
 5           of the State at the expense of the owner or the owner's
 
 6           agent.  Such destruction or exclusion shall not be made
 
 7           the basis of a claim against the department or the
 
 8           inspector for damage or loss incurred.
 
 9      (9)  Disposition.  Upon completion of inspection, either at
 
10           the time of arrival or at any time thereafter should
 
11           any article be held for inspection, treatment, or
 
12           quarantine, the inspector shall affix to the article or
 
13           the container or to the delivery order in a conspicuous
 
14           place thereon, a tag, label, or stamp to indicate that
 
15           the article has been inspected and passed.  This action
 
16           shall constitute a permit to bring the article into the
 
17           State.
 
18     (10)  Ports of entry.  None of the articles mentioned in this
 
19           section shall be allowed entry into the State except
 
20           through the airports and seaports in the State
 
21           designated and approved by the board."
 
22      SECTION 4.  Section 150A-6, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "150A-6  Soil, plants, animals, etc., importation or
 
 2 possession prohibited.(a)  No person shall transport, receive
 
 3 for transport, or cause to be transported to the State, for the
 
 4 purpose of debarkation or entry thereinto, any of the following:
 
 5      (1)  Soil; provided that limited [[]quantities[[] of soil
 
 6           may be imported into the State for experimental or
 
 7           other scientific purposes under permit with conditions
 
 8           prescribed by the department;
 
 9      (2)  Rocks, plants, plant products, or any article with soil
 
10           adhering thereto;
 
11      (3)  Any live snake, flying fox, fruit bat, Gila monster,
 
12           injurious insect, or eels of the order Anguilliformes,
 
13           or any other animal, plant, or microorganism in any
 
14           stage of development that is detrimental or potentially
 
15           harmful to agriculture, horticulture, animal or public
 
16           health, or natural resources, including native biota,
 
17           or has an adverse effect on the environment as
 
18           determined by the board, except as provided in this
 
19           chapter and except that, notwithstanding the list of
 
20           animals prohibited entry into the State, the department
 
21           may bring into and maintain in the State one live,
 
22           sterile brown tree snake of the male sex for the
 
23           purpose of research or training of snake detector dogs,
 

 
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 1           and, further, that a government agency may bring into
 
 2           and maintain in the State not more than two live,
 
 3           nonvenomous snakes of the male sex solely for the
 
 4           purpose of exhibition in a government zoo, but only
 
 5           after:
 
 6           (A)  The board is presented with satisfactory evidence
 
 7                that the sex of the snakes was established to be
 
 8                male prior to the shipment; and
 
 9           (B)  The [[]board[[] gives written approval conditioned
 
10                upon such terms as the board may deem necessary,
 
11                which terms shall include measures to assure the
 
12                prevention of escape, continuing supervision and
 
13                control by the board with respect to any
 
14                department import under this paragraph, and the
 
15                manner in which the snakes shall be disposed of or
 
16                destroyed.
 
17           In case of the death of one or more snakes, the
 
18           department or government agency may import and maintain
 
19           replacements subject to the conditions described in
 
20           this paragraph; and
 
21      (4)  Any live or dead honey bees, or used bee equipment that
 
22           is not certified by the department to be free of pests;
 
23           provided that nothing in this paragraph shall be
 

 
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 1           construed to prohibit the importation of bee semen.
 
 2      [(b)  The board shall maintain:
 
 3      (1)  A list of conditionally approved animals that require a
 
 4           permit for import into the State;
 
 5      (2)  A list of restricted animals that require a permit for
 
 6           both import into the State and possession; and
 
 7      (3)  A list of animals that are prohibited entry into the
 
 8           State;
 
 9 provided that the board shall adopt rules, pursuant to chapter
 
10 91, to establish an ad hoc panel of no fewer than three members
 
11 with applicable expertise in vertebrate biology to identify
 
12 whether an animal is a prohibited hybrid animal when the
 
13 department suspects that the lineage of the animal is not as
 
14 stated by the owner or on other official documents.
 
15      Animals on the lists of conditionally approved and
 
16 restricted animals shall be imported only by permit.  Any animal
 
17 that is not on the lists of conditionally approved, restricted,
 
18 or prohibited animals shall be prohibited until the board's
 
19 review and determination for placement on one of these lists;
 
20 provided that the department may issue a special permit on a
 
21 case-by-case basis for the importation and possession of an
 
22 animal that is not on the lists of prohibited, restricted, or
 
23 conditionally approved animals, for the purpose of remediating
 

 
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 1 medical emergencies or agricultural or ecological disasters, or
 
 2 conducting medical or scientific research in a manner that the
 
 3 animal will not be detrimental to agriculture, the environment,
 
 4 or humans if the importer of the animal can meet permit
 
 5 requirements as determined by the board; and provided further
 
 6 that the department may issue a short-term special permit on a
 
 7 case-by-case basis not to exceed ninety days for the importation
 
 8 and possession of an animal that is not on the list of
 
 9 prohibited, restricted, or conditionally approved animals for the
 
10 purpose of filming, performance, or exhibition if the importer of
 
11 the animal can meet permit and bonding requirements as determined
 
12 by the board.
 
13      (c)  The board shall maintain:
 
14      (1)  A list of nonrestricted microorganisms allowed entry
 
15           into the State without a permit but which are subject
 
16           to the notification, labeling, and inspection
 
17           requirements of section 150A-5;
 
18      (2)  A list of restricted microorganisms that require a
 
19           permit for import into the State and possession, except
 
20           as otherwise provided in part V; and
 
21      (3)  A list of microorganisms that are prohibited entry into
 
22           the State, except that the department may issue an
 
23           emergency permit on a case-by-case basis to a state or
 

 
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 1           federal agency or state university for the import and
 
 2           possession of a microorganism on the list of prohibited
 
 3           microorganisms for the purpose of remediating medical
 
 4           emergencies or agricultural or ecological disasters
 
 5           pursuant to the board's determination that:
 
 6           (A)  An emergency or disaster exists; and
 
 7           (B)  The importer is able to meet permit requirements
 
 8                consistent with Centers for Disease Control and
 
 9                Prevention and National Institutes of Health
 
10                guidelines or other guidelines as determined by
 
11                the board.
 
12 No emergency permit may be issued until the board, without regard
 
13 to rule requirements for advisory review, obtains advice from
 
14 qualified persons with relevant expertise.
 
15      Except as otherwise provided in part V, any microorganism
 
16 that is not on the lists of nonrestricted, restricted, or
 
17 prohibited microorganisms may not enter the State until the
 
18 board's review and determination for placement on one of those
 
19 lists; provided that pending the listing by rule of an unlisted
 
20 microorganism determined by the board to be allowed for import,
 
21 the department may issue a special permit on a case-by-case basis
 
22 for the import and possession of the microorganism for purposes
 
23 approved by the board if the microorganism is to be used in a
 

 
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 1 manner that will not be detrimental to agriculture, horticulture,
 
 2 the environment, animals, and humans, and if the importer is able
 
 3 to meet conditions established by the board.
 
 4      (d)  Except as otherwise provided herein, all permits
 
 5 referenced in this section shall be issued pursuant to rules.
 
 6 Any violation of the conditions listed on the permits shall be a
 
 7 violation of this section.
 
 8      (e)  The board shall maintain a list of restricted plants
 
 9 and a list of prohibited plants.  Restricted plants shall not be
 
10 imported into the State without a permit issued pursuant to
 
11 rules, and any violation of the conditions listed on the permit
 
12 shall be a violation of this section.
 
13      The department of agriculture shall designate specific
 
14 plants that may spread or may be likely to spread an infestation
 
15 or infection of an insect, pest, or disease that is detrimental
 
16 or potentially harmful to agriculture, horticulture, animal or
 
17 public health, or natural resources including native biota, or
 
18 may have an adverse effect on the environment as determined by
 
19 the board.  These plants are to be designated by rule as
 
20 restricted plants.  In addition, plant species designated by rule
 
21 as noxious weeds are designated as restricted plants.
 
22      (f)  No person shall possess, propagate, sell, transfer, or
 
23 harbor any plant, animal, or microorganism included on the list
 

 
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 1 or lists of prohibited plants, animals, and microorganisms
 
 2 maintained by the board under this section, except as allowed by
 
 3 the board upon a determination that the species:
 
 4      (1)  Was initially permitted entry and later prohibited
 
 5           entry into the State; or
 
 6      (2)  Was continually prohibited but unlawfully introduced
 
 7           and is currently established in the State; and
 
 8      (3)  Is not significantly harmful to agriculture,
 
 9           horticulture, animal or public health, and the
 
10           environment.
 
11 Under the circumstances described in this subsection, the board
 
12 may permit possession of the individual plant, animal, or
 
13 microorganism through its registration with the department while
 
14 still prohibiting the same species of plant, animal, or
 
15 microorganism from importation, propagation, transfer, and sale.
 
16      (g)  Without regard to the notice and public hearing
 
17 requirements of chapter 91, the board may adopt rules to make
 
18 additions to or deletions from the lists required to be
 
19 maintained in subsections (b), (c), and (e); provided that the
 
20 board shall adopt rules pursuant to chapter 91 to establish
 
21 methods to obtain public input and to notify the public as to any
 
22 additions to or deletions from the lists required under
 
23 subsections (b), (c), and (e).]"
 

 
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 1      SECTION 5.  Section 150A-7, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  It is a violation of [section 150A-6] this part to
 
 4 bring to or possess in the State any living creature that is
 
 5 prohibited, or restricted and without a permit issued by the
 
 6 department, except as expressly provided in [that section] this
 
 7 part or in part V, and such a creature shall constitute
 
 8 contraband and shall be seized immediately upon discovery
 
 9 whenever found, and be destroyed, donated to a government zoo, or
 
10 sent out of the State, at the discretion of the department.  Any
 
11 expense or loss in connection therewith shall be borne by the
 
12 owner or the owner's agent."
 
13      SECTION 6.  Section 150A-7.5, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "150A-7.5  User fees.  Fees may be assessed for the
 
16 processing and issuance of permits issued by the department under
 
17 this part [and], for inspections related to permit conditions,
 
18 and for the registration of microbial products containing certain
 
19 strains of microorganisms, as established by rule."
 
20      SECTION 7.  Section 150A-9.5, Hawaii Revised Statutes, is
 
21 amended by amending subsection (c) to read as follows:
 
22      "(c)  Interim rules adopted by the department pursuant to
 
23 this section shall be effective as stated by such rules; provided
 

 
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 1 that any interim rule shall be published at least once statewide
 
 2 within [ten] twelve days of issuance; and provided further that
 
 3 no interim rule shall be effective for more than one hundred
 
 4 eighty days."
 
 5      SECTION 8.  Section 150A-14, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Any person who violates any provision of this chapter
 
 8 other than sections 150A-5(2)(B), 150A-5(2)(C), 150A-6(a)(3) and
 
 9 150A-6(a)(4) or who violates any rule adopted under this chapter
 
10 other than those rules involving [a plant,] an animal[, or
 
11 microorganism] that is prohibited or a plant, animal, or
 
12 microorganism that is restricted, without a permit shall be
 
13 guilty of a misdemeanor and fined not less than $100.  The
 
14 provisions of section 706-640 notwithstanding, the maximum fine
 
15 shall be $10,000.  For a second offense committed within five
 
16 years of a prior offense, the person or organization shall be
 
17 fined not less than $500 and not more than $25,000."
 
18      SECTION 9.  Section 150A-14, Hawaii Revised Statutes, is
 
19 amended by amending subsection (c) to read as follows:
 
20      "(c)  Notwithstanding section 706-640:
 
21      (1)  Any person or organization that violates section
 
22           150A-6(a)(3) or 150A-6(a)(4), or owns or intentionally
 
23           transports, possesses, harbors, transfers, or causes
 

 
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 1           the importation of any snake or other prohibited animal
 
 2           seized under section 150A-7(b), or whose violation
 
 3           involves [a plant,] an animal[, or microorganism] that
 
 4           is prohibited or a plant, animal, or microorganism that
 
 5           is restricted without a permit shall be guilty of a
 
 6           [petty] misdemeanor and subject to a fine of not less
 
 7           than $5,000, but not more than $20,000; and
 
 8      (2)  Any person or organization who intentionally
 
 9           transports, harbors, or imports with the intent to
 
10           propagate, sell, or release any [plant,] animal[, or
 
11           microorganism] that is prohibited or any plant, animal,
 
12           or microorganism that is restricted, without a permit
 
13           shall be guilty of a class C felony and subject to a
 
14           fine of not less than $50,000, but not more than
 
15           $200,000."
 
16      SECTION 10.  Section 150A-14, Hawaii Revised Statutes, is
 
17 amended by amending subsections (f) and (g) to read as follows:
 
18      "(f)  Any person or organization that voluntarily surrenders
 
19 any prohibited [plant,] animal[, or microorganism] or any
 
20 restricted plant, animal, or microorganism without a permit
 
21 issued by the department, prior to the initiation of any seizure
 
22 action by the department, shall be exempt from the penalties of
 
23 this section.
 

 
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 1      (g)  For purposes of this section "intent to propagate"
 
 2 shall be presumed when the person or organization in question is
 
 3 found to possess, transport, harbor, or import:
 
 4      (1)  Any two or more animal specimens of the opposite sex
 
 5           that are prohibited or restricted, without a permit;
 
 6      (2)  Any three or more animal specimens of either sex that
 
 7           are prohibited or restricted, without a permit;
 
 8      (3)  Any plant or microorganism having the inherent
 
 9           capability to reproduce and is [prohibited or]
 
10           restricted, without a permit; or
 
11      (4)  Any specimen that is in the process of reproduction."
 
12      SECTION 11.  There is appropriated out of the permit
 
13 revolving fund the sum of $25,000, or so much thereof as may be
 
14 necessary for fiscal year 2000-2001, to be expended for the
 
15 purposes of the permit revolving fund.
 
16      SECTION 12.  The sum appropriated shall be expended by the
 
17 department of agriculture for the purposes of this Act.
 
18      SECTION 13.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 14.  This Act shall take effect upon its approval,
 
21 provided that sections 11 and 12 shall take effect on July 1,
 
22 2000.