HOUSE OF REPRESENTATIVES

H.C.R. NO.

161

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

SUPPORTING FEDERAL RECOGNITION OF HAWAII'S UNIQUE BIOSECURITY NEEDS AND COORDINATION BETWEEN FEDERAL AND STATE INSPECTION AGENCIES, INCLUDING INFORMATION SHARING BETWEEN FEDERAL AND STATE INSPECTION STAFF AND THE DEVELOPMENT OF INSPECTION FACILITIES.

 

 

 


     WHEREAS, the Commerce Clause of the United States Constitution provides that the United States Congress shall have the power to regulate commerce with foreign nations and between the States; and

 

     WHEREAS, the United States Plant Protection Act of 2000 preempts state regulation in foreign commerce of any plant, plant pest, noxious weed, or plant product; and

 

     WHEREAS, the United States Plant Protection Act of 2000 provides exceptions from federal preemption only for interstate commerce and only when a state demonstrates a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment; and

 

     WHEREAS, the State of Hawaii receives foreign commerce from a variety of nations and from the mainland United States; and

 

     WHEREAS, the environment of the State of Hawaii is distinct from other states or political subdivisions of the United States due to its unique ecology as an isolated volcanic island chain with high rates of endemism among its plant and animal species; and

 

     WHEREAS, the State of Hawaii has unique biosecurity needs that are distinct from other states or political subdivisions of the United States; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Legislature supports federal recognition of the State of Hawaii's unique biosecurity needs through measures including, but not limited to, expedited exemptions from federal preemption for state regulation in foreign or interstate commerce of high-risk pests that are not present in the State of Hawaii; and

 

     BE IT FURTHER RESOLVED that the Legislature supports the restriction of importation of all plants in the Myrtaceae family in order to prevent the introduction of new strains of ohia rust (Puccinia psidii) into the State of Hawaii; and

 

     BE IT FURTHER RESOLVED that the Legislature supports coordination and information sharing between federal and state inspection agencies, including but not limited to, important manifests and interception data for the purpose of identifying pests of both federal and state concern in all commerce; and

 

     BE IT FURTHER RESOLVED that the Legislature supports the development of federal and state inspection facilities for cargo entering Hawaii as this is the most practical and cost-effective option for federal and state biosecurity operations; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor of the State of Hawaii, Hawaii's congressional delegation, the United States Secretary of Agriculture, and the Chairperson of the Board of Agriculture of the State of Hawaii.

 

 

 

 

OFFERED BY:

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Report Title: 

Biosecurity; Legislature; Support