Report Title:

Alien Aquatic Organisms

 

Description:

Prohibits any person from intentionally introducing an alien aquatic organism into the state without the prior written approval of DLNR. Broadens DLNR's authority to prevent the intentional and unintentional introduction of alien aquatic species into Hawaii's ecosystems by any means.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1164

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ALIEN AQUATIC ORGANISMS.

 

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

SECTION 1. The legislature finds that the introductions of alien aquatic plants and animals, as well as alien terrestrial plants and animals, are potentially harmful to both the economy and environment of the state. These organisms enter the state through a variety of means, including ballast water, encrusting hull organisms, bait tanks, bait wells, baggage, packages, and so forth. More than one hundred fifty alien marine, brackish, and fresh water species, intentionally and unintentionally introduced into Hawaii's ecosystems, have already become established, displacing native species, altering ecosystems and habitat, and causing economic damage. Once these aquatic organisms escape into Hawaii's aquatic ecosystems, control is both difficult and expensive. Complete eradication is almost impossible. Accordingly, the ideal solution is to prevent their introduction.

Act 134, Session Laws of Hawaii (SLH) 2000, designated the department of land and natural resources (department) as the lead agency to:

(1) Prevent the introduction of alien aquatic organisms into Hawaii's environment; and

(2) Carry out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organisms.

This law further directed the department to adopt rules in accordance with chapter 91, Hawaii Revised Statutes, including penalties, to carry out these duties.

In addition, Act 256, SLH 1993, as amended by Act 195, SLH 1999, prohibited the release of any live non-native aquatic life being held in an aquarium or other confinement for any purpose into any waters of the State, except for state propagation and dissemination purposes. It also authorized the department to seize, confiscate, or destroy as a public nuisance any prohibited or restricted aquatic life found in any waters of the State.

However, neither Act 134 nor Act 256 expressly directed the department to adopt rules and penalties to prevent the introduction of alien aquatic organisms into Hawaii's aquatic ecosystems that might enter the state through other avenues.

The purpose of this Act is to:

(1) Prohibit the intentional introduction of alien aquatic organisms into the state without the prior written approval of the department;

(2) Expand the department's authority to prevent the intentional and unintentional introduction, by any means, of alien aquatic organisms into Hawaii's ecosystems;

(3) Direct the department to destroy alien aquatic organisms that have already become established in Hawaii's aquatic ecosystems; and

(4) Authorize the department to adopt rules and penalties to prevent the introduction, by any means, of alien aquatic organisms that enter the state.

SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§187A- Introduction of alien aquatic organisms. No person shall intentionally introduce any live alien aquatic organism into the state without the prior written approval of the department. For purposes of this section there is a rebuttable presumption that any live alien aquatic organisms entering the State by means of ballast water discharges and/or hull encrustations are unintentional introductions."

SECTION 3. Section 187A-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department is designated as the lead state agency for preventing the intentional and unintentional introduction [and carrying out the destruction], by any means, of alien aquatic organisms [through the regulation of ballast water discharges and hull fouling organisms.] into Hawaii's aquatic ecosystems and carrying out the destruction of alien aquatic organisms that may have already become established in Hawaii's aquatic ecosystems. The department may establish an interagency team to address the concerns relating to alien aquatic organisms."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.