Report Title:

Invasive Species; Penalties

 

Description:

Prevents and reduces the intentional introduction and spread of invasive species by establishing severe penalties appropriate to the harm caused by the intentional introduction and spread of invasive species to the economy, natural environment, and the health and lifestyle of Hawaii's people.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1684

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to invasive species.

 

 

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

 


     SECTION 1.  The legislature finds that the unchecked spread of invasive species is one of the greatest threats to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people.  Invasive pests can cause millions of dollars in crop losses, the extinction of native species, the destruction of native forests, the spread of disease, and the quarantine of exported agricultural crops.

     Despite our ongoing efforts to detect and eradicate invasive species, our fragile island ecosystems are constantly at risk from insects, disease-bearing organisms, weeds, and other invasive pests.  The coqui frog, giant salvinia, miconia, ohia rust, nettle caterpillar, and little fire ant are all present in Hawaii, disrupting the delicate balance of our ecosystems, crowding out native species, and reducing the biodiversity of our islands.  Other harmful species like the papaya mealybug, erythrina gall wasp, Asian citrus psyllid, and the varroa mite have the potential to devastate Hawaii's environment and agriculture if allowed to become widespread and remain unchecked by natural predators.

     The purpose of this Act is to prevent and reduce the intentional introduction and spread of invasive species by establishing severe penalties appropriate to the harm the intentional introduction and spread of pests causes to the economy, natural environment, and the health and lifestyle of Hawaii's people.

     SECTION 2.  Section 150A-14, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-14  Penalty.  (a)  Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and fined not less than $100.  The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000.  For a second offense committed within five years of a prior offense, the person or organization shall be fined not less than $500 and not more than $25,000.

     [(b)  Any person who violates section 150A-5 shall be fined not less than $100 and not more than $10,000.  For a second violation committed within five years of a prior violation, the person may be fined not less than $500 and not more than $25,000.]

     (b)  Any transportation company that violates section 150A‑5 shall be guilty of a petty misdemeanor and fined not less than $100.  The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000.  For a second offense committed within five years of a prior offense, the company may be fined not less than $500 and not more than $25,000.

     (c)  Notwithstanding section 706-640:

     (1)  Any person or organization that violates section 150A‑6(3) or 150A-6(4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of not less than $5,000, but not more than $20,000; [and]

     (2)  Any person or organization who intentionally transports, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000[.]; and

     (3)  Any person or organization who intentionally imports, possesses, harbors, transfers, or transports, including the interisland or intraisland movement of any prohibited or restricted plant, animal, or microorganism without a permit, with the intent to propagate, sell, or release that plant, animal, or microorganism, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of not less than $100,000, but not more than $400,000.

     (d)  Whenever a court sentences a person or organization pursuant to subsection (a) or (c) for an offense which has resulted in the escape or establishment of any pest and caused the department to initiate a program to capture, control, or eradicate that pest, the court shall also require that the person or organization pay to the state general fund an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program.

     (e)  The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited articles or restricted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.

     (f)  Any person or organization that voluntarily surrenders any prohibited animal or any restricted plant, animal, or microorganism without a permit issued by the department, prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section.

     (g)  For purposes of this section "intent to propagate" shall be presumed when the person or organization in question is found to possess, transport, harbor, or import:

     (1)  Any two or more animal specimens of the opposite sex that are designated a pest, or are prohibited or restricted, without a permit;

     (2)  Any three or more animal specimens of either sex that are designated a pest, or are prohibited or restricted, without a permit;

     (3)  Any plant or microorganism having the inherent capability to reproduce that is restricted, without a permit; or

     (4)  Any specimen that is in the process of reproduction."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

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