Report Title:

DLNR; Invasive Species

Description:

Provides an appropriation for one position in the division of aquatic resources to develop a comprehensive plan to prevent the intentional introduction of potentially invasive aquatic organisms into the State.

HOUSE OF REPRESENTATIVES

H.B. NO.

2667

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

RELATING TO INVASIVE AQUATIC ORGANISMS.

 

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

SECTION 1. The legislature finds that many intentional introductions of invasive aquatic plants and animals, as well as invasive terrestrial plants and animals, are potentially harmful to both the environment and economy of the State when they escape and become established in the environment. These organisms enter the State through a variety of means including aquarium, aquaculture, and nursery imports, personal packages and baggage, bait tanks and bait wells, and in numerous other ways.

In Hawaii, more than three hundred forty invasive marine, brackish, and fresh water species, intentionally and unintentionally introduced into Hawaii's aquatic ecosystems, have already become established, displacing native species, altering ecosystems and habitat, and causing economic damage. Once invasive aquatic organisms escape into Hawaii's ecosystems, control is difficult and expensive and complete eradication is most often impossible. Therefore the ideal solution is to prevent their introduction.

Act 134, Session Laws of Hawaii 2000, designated the department of land and natural resources 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.

The law further allowed the department of land and natural resources to "adopt rules in accordance with chapter 91 including penalties" to carry out the purpose of the Act.

In addition, Act 256, Session Laws of Hawaii 1993, as amended by Act 195, Session Laws of Hawaii 1999, prohibited the release of any live non-native aquatic life 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 of land and natural resources 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 of land and natural resources 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 pathways.

In addition, while the department of land and natural resources has primary responsibility for eradicating invasive alien organisms from natural aquatic and terrestrial ecosystems, it has little, if any, control over their intentional introduction into the State.

Conversely, the department of agriculture has primary control over intentional introductions of alien organisms into the State, but little, if any, responsibility for eradicating these organisms from Hawaii's natural aquatic and terrestrial ecosystems once they have escaped into the environment and become invasive.

The purpose of this Act is to direct the department of land and natural resources to develop a comprehensive plan to prevent the intentional introduction of potentially invasive aquatic organisms.

SECTION 2. Notwithstanding any law to the contrary, the division of aquatic resources of the department of land and natural resources, shall develop a comprehensive plan to prevent the intentional introduction of potentially invasive aquatic organisms into the State.

The division shall develop the plan in the form of a report including any findings and recommendations and submit the report to the legislature twenty days prior to the convening of the regular session of 2003.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii, the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, for one full-time position whose primary duty shall be to develop a comprehensive plan to prevent invasive aquatic organisms from entering into Hawaii. The division of aquatic resources shall determine the eligibility and qualifications for the position.

SECTION 4. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. This Act shall take effect on its approval; provided that section 3 shall take effect on July 1, 2002.

INTRODUCED BY:

_____________________________