STAND. COM. REP. NO.641

Honolulu, Hawaii

, 2003

RE: S.B. No. 1505

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Energy and Environment, to which was referred S.B. No. 1505 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

The purpose of this measure is to provide a two-year ban on all plants shipped into the State that may contain the Coqui frog or fire ants.

Matson Navigation Company and the Nature Conservancy of Hawaii submitted testimony supporting the intent of this measure. Testimony opposing this measure was submitted by the Hawaii Farm Bureau. The Department of Land and Natural Resources, Division of Forestry and Wildlife, Oahu Wildlife Branch submitted comments on this measure.

Your Committee finds that invasive insects, disease organisms, snakes, weeds, and other pests are one of the greatest threats to Hawaii's economy, natural environment, and the health and lifestyle of its people. Your Committee is aware of the recent dengue fever outbreak, the Coqui frog infestation, the Miconia forest weed invading the watersheds that recharge fresh water acquifers, and the Salvinia infestation choking Lake Wilson and Kawainui Marsh. Thus, your Committee finds that a more general approach to invasive species control and eradication is appropriate.

Your Committee has amended this measure by:

(1) Deleting the two-year ban on all plants shipped into the State that may contain the Coqui frog or fire ants;

(2) Providing statutory authority for the Hawaii Invasive Species Council to deal with the invasive species problem as authorized by Executive Order 2002-03;

(3) Authorizing the Departments of Agriculture, Health, and Land and Natural Resources to enter private and public premises to eradicate invasive species;

(4) Banning the import, offer for sale, or selling of any Salvinia plant within the State; and

(5) Extending the effective term of any interim rule by the Department of Agriculture for plant and non-domestic animal quarantine from 180 days to one year.

Your Committee emphasizes that the statutory establishment of the Hawaii Invasive Species Council requires no additional funding, rather, it takes existing resources and uses them wisely.

Further, your Committee notes that the ban on the sale or import of any Salvinia plant within the State has been added to this measure for immediate control and eradication in places such as Lake Wilson and Kawainui Marsh. Your Committee understands that the Department of Agriculture already possesses the authority to immediately prohibit the importation of any plant or animal into the State through the adoption of interim rules that are not subject to the Chapter 91, Hawaii Revised Statutes, rulemaking process, pursuant to Section 150A-9.5, Hawaii Revised Statutes. However, these interim rules are only effective for 180 days. Your Committee is concerned, given the lengthy Chapter 91, Hawaii Revised Statutes, rulemaking process, that any ban on the importation of a noxious plant or animal may lapse prior to the adoption of more permanent administrative rules. By extending the effective term of any interim rule by the Department of Agriculture for plant and animal quarantine, the Department will be provided sufficient time to develop appropriate rules for invasive species control and eradication.

As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1505, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1505, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

____________________________

J. KALANI ENGLISH, Chair