Consolidates laws on plant and nondomestic animal quarantine and noxious weed control, respectively. Further incorporates provisions of the federal Agricultural Risk Protection Act of 2000.

A BILL FOR AN ACT

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

§   -1 Definitions. As used in this chapter:

"Advisory committee" means the advisory committee on invasive species.

"Algae" means any plant containing chlorophyll, which lacks true roots, stems, and leaves, and typically inhabits moist habitats, except those algae on or in humans, or animals in Hawaii and those in or on processed foods, beverages, or pharmaceuticals.

"Animal" means any invertebrate or vertebrate species of the animal kingdom in any state of development including but not limited to mammal, bird, reptile, mollusk, crustacean, insect, mite, nematode, protozoan, and other invertebrate, other than common domestic animal such as dog and cat.

"Article" means any material or tangible object which could harbor plant pests or noxious weeds, including plants, plant products, soil, boxes and containers, vehicles, baggage, or packing material used in connection with the movement of plants or plant products.

"Bacteria" means any unicellular microorganism in the class Schizomycete, exhibiting both plant and animal characteristics, and including the three varieties of bacillus, coccus, and spirillum, including agents of Rickettsia except on or in living humans or animals in Hawaii and those in or on processed foods, beverages, or pharmaceuticals.

"Biological control organism" means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.

"Board" means the board of agriculture.

"Chairperson" means the chairperson of the board of agriculture, or the chairperson’s duly authorized agents.

"Coordinating committee" means the coordinating committee on alien pest species.

"Department" means the department of agriculture.

"Fungus" means all nonchlorophyll-bearing thallophytes, including rusts, smuts, mildews, molds, and yeasts, except those on or in living humans or animals in Hawaii and those on or in processed food, beverages, or pharmaceuticals.

"Import" means to move into, or the act of movement into the territorial limits of the State of Hawaii.

"Insect" means an invertebrate animal belonging to the class Insecta, including beetle, bug, fly, and other arthropods, such as spider, mite, tick, centipede, and wood louse.

"Inspect" means to examine articles or means of conveyance to ascertain the presence or absence of prohibited or restricted plants, plant products, noxious weeds, biological control organisms, microorganisms, or animals.

"Inspector" means an employee or official of the department authorized by the board or the Secretary to administer and enforce this chapter and the Agricultural Risk Protection Act of 2000, Public Law 106-224.

"Invasive species" means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the agricultural, horticultural, aquacultural, livestock, or poultry industry, or the interests of irrigation, navigation, natural resources of the State, or the environment.

"Means of conveyance" means any personal property used for or intended for use for the movement of any other personal property.

"Microbial product" means any product manufactured with known cultures of microorganisms for the purpose of bioremediation or bioaugmentation, including products such as microbial pesticides.

"Microorganism" means any unicellular microscopic organism including but not limited to algae, bacteria, fungi, protozoa, and viruses.

"Move" means:

"Noxious weed" means any plant species or plant product that can directly or indirectly injure or cause damage to, or to be detrimental or potentially harmful to agriculture, horticulture, aquaculture, livestock, or poultry industry, or the interests of irrigation, navigation, natural resources of the State, or the environment as determined by the board based on sound science.

"Permit" means an authorization, by written or electronic methods, by the department or Secretary under the Agricultural Risk Protection Act of 2000, Public Law 106-244, to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under the conditions prescribed by this chapter or by law.

"Plant" means any plant or plant part for or capable of propagation, including a tree, tissue culture, plantlet culture, pollen, shrub, vine, cutting, graft, scion, bud, bulb, root, and seed.

"Plant pest" means a protozoan, animal, insect, bacterium, fungus, virus, or other infectious agent or pathogen in any stage of development that has been determined by the board based on sound science to:

"Plant product" means any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant, or any manufactured or processed plant or plant part.

"Port of entry" means a harbor, airport, or any other place in the State where the articles regulated by this chapter are first moved.

"Secretary" or "Secretary of Agriculture" means the United States Secretary of Agriculture.

"Unlisted microorganism" means any microorganism not on the lists of nonrestricted or restricted microorganisms or on the list of select human pathogen microorganisms.

"Virus" means any of a class of noncellular submicroscopic obligate parasite, chiefly nucleoprotein in composition but often reducible to crystalline form, except those viruses on or in humans, or animals in Hawaii, and those on or in processed food, beverages, or pharmaceuticals.

§   -2 Powers and duties of the board. In addition to its other powers and duties, the board shall:

§   —3 Advisory committee on invasive species. There shall be an advisory committee on invasive species composed of seven members, with expertise in biology, botany, zoology, or microbiology, ecology, or other discipline relating to the protection of natural resources as evidenced by an academic degree or other special experience. The members shall be chosen by the chairperson. The chairperson shall be the chairperson of the advisory committee. The advisory committee shall:

The chairperson may create an ad hoc subcommittee of not less than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid animal when the department suspects that the lineage of the animal is not as stated by the owner or on other official documents. The chairperson may create other ad hoc or permanent subcommittees as needed.

§   —11 Request for importation and inspection. (a) In addition to the requirements of the United States customs service, any person who desires to import or move any plant, plant product, article, or animal into the State shall file a written request with the department declaring the desire to import or move into the State the plant, plant product, article, or animal and give the following additional information:

(b) The request shall also contain:

(c) Failure to file the written request, including the agreement and waiver, shall be sufficient cause for the department to refuse to permit the entry of the articles or animals into the State.

§   —12 Labels. Each article or means of conveyance in which any plant, plant product, noxious weed, biological control organism, microorganism, or animal is imported or moved into the State shall be plainly and legibly marked, in a conspicuous manner and place with the following information:

(5) The port from which the article or animal was shipped.

§   —13 Unauthorized movement of plant pests; permit, import requirements. (a) No person shall import or move any plant pest into the State unless the importation or movement is authorized by a permit issued by the department or the Secretary pursuant to section 411 of the Agricultural Risk Protection Act of 2000, Public Law 106-224.

(b) In addition to the permit required in subsection (a), any plant pest imported or moved into the State:

§   —14 Movement of plants, plant products, biological control organisms, and noxious weeds. (a) No person shall import or move any plant, plant product, biological control organism, noxious weed, article, or means of conveyance unless the importation or movement is authorized by a permit issued by the department or the Secretary pursuant to section 412 of the Agricultural Risk Protection Act of 2000, Public Law 106—224.

(b) In addition to the permit required in subsection (a), any plant, plant product, biological control organism, or noxious weed imported or moved into the State:

Plants or biological control organisms may be required to be grown under post—entry quarantine conditions by or under the supervision of the department for the purposes of determining whether the plant or biological control organism may be infested with plant pests or may be a plant pest or noxious weed.

(c) No person shall import or move specific noxious weeds or their seeds or vegetative reproductive parts into any area of the State designated by the department as free or reasonably free of those noxious weeds; provided that the importation or movement of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department.

(d) The department may declare the entire State, an island in the State, or a portion of an island as free or reasonably free of specific noxious weeds. The department shall restrict the introduction and establishment of specific noxious weeds in areas declared to be free or reasonably free of those noxious weeds.

§   —15 Duty of responsible parties; notification. (a) Any person who imports or moves any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance that requires a permit under this chapter or section 411 or 412 of the Agricultural Risk Protection Act of 2000, Public Law 106-224, shall notify the department, in writing or by electronic methods, as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance at the port of entry and before the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry.

(b) It shall be the responsibility of the company transporting passengers and baggage to distribute, prior to debarkation of passengers and baggage, the State of Hawaii plant and animal declaration form to each passenger, officer, and crew member of any aircraft and vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing on the plant and animal declaration form. All passengers, officers, and crew members, whether or not they are importing or moving into the State the plants, plant products, biological control organisms, plant pests, noxious weeds, articles, or means of conveyance listed on the form into the State, shall complete the declaration, except that one adult member of a family may complete the declaration for other family members.

The completed forms shall be collected by the transportation company and delivered immediately upon arrival to the inspector at the first port of entry.

(c) Notice required by subsection (a) shall consist of:

(d) Failure to comply with this section shall be a violation of this section.

§   —16 Movement of items prohibited without authorization; lists. (a) No person shall move from a port of entry any imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance has been inspected and authorized for entry into the State as provided in this chapter.

(b) The board shall maintain:

§   —17 Animals; importation, movement, or possession prohibited. No person shall import or move into the State any of the following:

§   —18 Animal import. (a) The board shall maintain:

(b) Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board’s review and determination for placement on one of these lists; provided that the department may issue a special permit on a case—by—case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department may issue a short—term special permit on a case—by—case basis not to exceed ninety days for the importation and possession of an animal that is not on the list of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition if the importer of the animal can meet permit and bonding requirements as determined by the board.

§   —19 Import lists amendment. Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from the lists required to be maintained pursuant to this chapter; provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions or deletions from the lists required by this chapter.

§   —20 Animals; prohibition against possession, etc.; exception. No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon a determination that the species:

Under the circumstances described in this section, the board may permit possession of the individual animal through its registration with the department while still prohibiting the same species from importation, propagation, transfer, and sale.

§ -21 Microorganism import. (a) The board shall maintain:

Import of a microorganism on these lists, as well as import of any unlisted microorganism, shall be subject to the notification, labeling, and inspection requirements of parts II and III, and is allowed only as provided herein.

(b) Import of a microorganism on the restricted list of microorganisms shall be by permit issued pursuant to rules and subject to conditions established by rules; provided that, if the department in its discretion determines that the import of a microorganism on the restricted list or the microorganism’s proposed use presents a high risk to agriculture, horticulture, the environment, or animal or public health, the import request shall be subject to review by the advisory committee and board approval, including a determination that the importer is able to comply with conditions established by the board, before a permit may be issued.

(c) Import and possession of an unlisted microorganism may be allowed based on the department’s determination of the level of risk presented by the import, including its proposed use, to agriculture, horticulture, the environment, or animal or public health. Import shall be either by letter of authorization or special permit issued by the department, without review by the advisory committee or board approval, or alternatively, by special permit issued by the department subsequent to advisory committee review and board approval, according to risk level as provided by rule; provided that in the latter instance the importer is able to comply with conditions established by the board.

(d) The department may issue an emergency permit on a case-by-case basis to a state or federal agency or state university to allow import and possession of a microorganism on the list of restricted microorganisms or an unlisted microorganism for the purpose of remediating any emergency or disaster affecting agriculture, horticulture, the environment, or animal or public health; provided that:

(e) Microbial products may be imported as follows:

§   —22 Transporting in State. No person shall move any plant, plant product, microorganism, biological control organism, noxious weed, or animal that is listed by the department as prohibited, restricted, or regulated subject to this chapter or the Agricultural Risk Protection Act of 2000, Public Law 106-224, from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department or by the Secretary.

§   —31 Coordinating committee on alien pest species. (a) There is established a coordinating committee on alien pest species, which shall be placed within the department of agriculture for administrative purposes. The committee shall consist of thirteen members and shall include one member each from the department of agriculture, department of health, department of land and natural resources, department of transportation, United States department of agriculture, United States Fish and Wildlife Service, United States Customs Service, United States Postal Service, United States Postal Inspection Service, United States Navy, and military customs inspection program, and two members representing conservation organizations, who shall be selected by the chairperson of the board of agriculture. The committee shall elect its chairperson from among its members.

(b) The members of the committee shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties.

(c) The committee shall appoint an executive director, who shall serve at the pleasure of the committee and shall be exempt from chapter 76. The salary of the executive director shall be set by the committee.

(d) The committee, through its executive director, may hire necessary personnel to carry out the purposes of the committee without regard to chapter 76.

§   -32 Powers and duties. (a) The coordinating committee on alien pest species shall:

§   —33 Enforcement. Inspectors shall enforce this chapter and the Agricultural Risk Protection Act of 2000, Public Law 106—224, as authorized by the Secretary.

Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have the power to serve and execute warrants and issue citations for any violation of this chapter and the Agricultural Risk Protection

Act of 2000, Public Law 106-224, and seize any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance found in violation of this chapter and the Agricultural Risk Protection Act of 2000, Public Law 106-224.

§   —34 Authority to inspect; seizures and warrants. (a) Whenever an inspector has good cause to believe that the provisions of this chapter or the Agricultural Risk Protection Act of 2000, Public Law 106-224, are being violated, the inspector as authorized by this chapter or by the Secretary under the Agricultural Risk Protection Act of 2000, Public Law 106-224, may:

(b) An inspector may enter, with a warrant applied for and executed by the Secretary or any United States Marshal under the Agricultural Risk Protection Act of 2000, Public Law 106—224, any premises to conduct any investigation or make any inspection or seizure of any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance regulated subject to this chapter.

(c) Whenever an inspector has good cause to believe that it is necessary for the protection of animal or public health, agriculture, horticulture, aquaculture, natural resources of the State, or the environment, to enter any land, building, vessel, or aircraft for the purpose of seizing, capturing, or confiscating or removing any animal that is prohibited or restricted and without a permit, the inspector may make a complaint to the judge in the circuit in which the violation is occurring. The judge may issue a warrant, directed to any police office in the circuit, directing the police officer to take sufficient aid, and accompany the inspector to the place described in the complaint to seize, capture, confiscate, or remove, under direction of the inspector, the prohibited or restricted animal.

(d) An inspector may refuse entry, confiscate, or destroy any prohibited or restricted plant, plant pest, noxious weed, biological control organism, animal, article, or means of conveyance that is imported or moved into the State without a permit issued by the department or by the Secretary pursuant to the Agricultural Risk Protection Act of 2000, Public Law 106-224.

§   —35 Place of inspection. Whenever an inspector determines that it is necessary or advisable to move any article or means of conveyance to a more suitable place for inspection than the pier, airport, or any other place where the article or means of conveyance is first received or discharged, the inspector may have the article or means of conveyance moved. All costs and expenses incident to moving or transporting the article or means of conveyance to the place of inspection shall be borne by the owner or owner's agent. If the owner, owner's agent, or transportation company requests inspection of articles or means of conveyance at locations other than where the articles or means of conveyance are first received or discharged, and the department determines that inspection at the location is appropriate, the department may require payment of costs in connection with the inspections, including overtime costs.

§   —36 Disposition of plant pest or noxious weed. (a) Whenever an inspector considers it necessary to prevent the dissemination of a plant pest or noxious weed that is new or not known to be widely prevalent or distributed within the State, the inspector as authorized by this chapter or by the Secretary under the Agricultural Risk Protection Act of 2000, Public Law 106-224, may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of any plant, plant pest, noxious weed, biological control organism, plant product, article, or means of conveyance that:

(b) The inspector may order the treatment, application of other remedial measures to, destruction, or disposition of any plant, plant pest, biological control organism, plant product, noxious weed, article, or means of conveyance subject to subsection (a). Any cost or expense in connection with the treatment, application of other remedial measures to, destruction, or disposition of the plant, plant pest, biological control organism, plant product, noxious weed, article, or means of conveyance shall be borne by the owner or the owner’s agent.

(c) No plant, plant pest, biological control organism, plant product, noxious weed, article, or means of conveyance shall be destroyed, exported, or returned to the shipping point of origin, unless, in the opinion of the department, there is no less drastic action that is feasible and that would be adequate to prevent the dissemination of any new plant pest or noxious weed.

§   —37 Noxious weed control and eradication. (a) When the department determines that an incipient infestation of a noxious weed exists on an island declared free or reasonably free of the weed, the department shall immediately conduct investigations and surveys to determine the feasibility and practicability of controlling or eradicating the infestation.

(b) The department shall also conduct investigations and surveys of established widespread noxious weed infestations to determine the feasibility and practicability of controlling or eradicating those widespread infestations.

(c) When the department determines that the control or eradication of a noxious weed is practicable and feasible, the department shall immediately give written notice to the landowner of the property and occupant of the property on which the infestations exist. Written notice shall be sent to the landowner’s address last known to the department by certified mail, postage prepaid, return receipt requested. If certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, public notice given once under section 1-28.5 in the county where any action or proposed action will be taken shall be deemed sufficient notice. The notice shall include all pertinent information on the infestation and shall notify the landowner and the land occupier of the procedure and methods of control or eradication to be executed.

(d) After giving notice pursuant to subsection (c), the department may enter into a cooperative agreement with the landowner and the land occupier for the control or eradication of the noxious weed infestation. The procedures and conditions for executing the cooperative agreement shall be as provided in rules adopted by the board.

(e) After giving notice pursuant to subsection (c), the department may entirely undertake the eradication or control project when it determines that the landowner or land occupier of the land on which the noxious weed infestation is located will not benefit materially or financially by the control or eradication of the noxious weed; or when the noxious weed infestation is on state—owned land not leased or under the control of private interest.

§   -38 Disposition of prohibited or restricted animal. (a) It is a violation of section    -17 to bring to or possess in the State any living animal that is prohibited, or restricted and without a permit issued by the department, except as expressly provided in that section or in part III, and the animal shall constitute contraband and shall be seized immediately upon discovery whenever found, and be destroyed, donated to a government zoo, or send out of the State, at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner’s agent.

(b) Whenever any living animal introduced or admitted under rules of the department escapes, or is found to be free from confinement, the department may confiscate or capture it and any progeny at the expense of the owner. The department may destroy the animal, donate it to a government zoo, or send it out of the State after five days at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner’s agent.

§   —39 Emergencies; emergency remedial measures; interim rules. (a) If the department determines that an emergency exists because of the presence of an invasive species that is new or not known to be widely distributed in the State, which creates a situation that is immediately dangerous to the public health and safety, or to the ecological health of flora and fauna in the State, the chairperson may direct the coordinating committee to execute any emergency remedial measures that have been developed and adopted by the board to respond to the situation.

(b) If no emergency remedial measures have been adopted that can address the situation, the department may establish, implement, and enforce interim rules to:

(c) In emergencies where the measures being taken by the State are inadequate to eradicate a plant pest or noxious weed, the department may request assistance from the Secretary pursuant to the Agricultural Risk Protection Act of 2000, Public Law 106—224.

§   -41 Microorganism import. (a) Notwithstanding the permit requirements of part II, the board may issue a certificate to an importer of microorganisms authorizing import and possession of microorganisms, other than microorganisms on the lists of nonrestricted microorganisms or prohibited microorganisms referenced in section    -21; provided that:

as further verified through site inspection by the department.

(b) Importation by a certified importer of microorganisms other than those listed in the importer’s certificate or for uses other than specified for each type of microorganism listed in the certificate shall be pursuant to section    -17.

(c) A certified importer importing microorganisms pursuant to a certificate shall comply with part II, except for the permit requirement.

§   -42 Certificate. (a) An importer requesting a certificate under this part shall complete and submit an application to the department providing information as required by rule.

(b) Fees may be assessed for the processing and issuance of a certificate and for inspection related to the certificate, as established by rule. Fees may vary according to the type of certification issued and the costs incurred for inspection.

(c) A certificate issued under this part shall be valid for not more than two years from the date of issuance. A certified importer may reapply for certification pursuant to subsection (a).

§   -43 Suspension or revocation of certificate. Any certificate issued pursuant to this part may be suspended or revoked by the department, after hearing, for violation of any certificate requirement or condition or any provision of this chapter or rule adopted under this part. Any order made by the department for the suspension or revocation of a certificate shall be in writing and shall set forth the reasons for the suspension or revocation. The action of the department in suspending or revoking a certificate may be reviewed in the manner provided in chapter 91.

§   -44 Summary suspension. Notwithstanding any law to the contrary, the department may cause the immediate suspension of an importer’s certificate, subject to subsequent notice and hearing or other adequate procedures, upon the department’s determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate.

The department may order the summary suspension of the certificate for a period not to exceed twenty days. The order of suspension shall be served upon the certified importer at the same time as the notice of hearing for further suspension or revocation and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon the request of the importer for a reasonable continuance to adequately prepare the importer’s defense. Any attempt by the importer to continue the certified activity while the certificate has been summarily suspended shall of itself shall be sufficient to warrant a permanent revocation of the certificate and shall subject the importer to all penalties prescribed by this chapter or any rule or order of the department.

§   -45 Emergency remediation. In conjunction with summary suspension of an importer’s certificate, upon the department’s determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural, or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate, the department, at the expense of the importer, may seize, quarantine, remediate, condemn, or destroy the imported microorganisms, or any contaminated material, containment equipment, and laboratory or other contained system approved by the department, as the department in its discretion determines is necessary to address the threat, emergency, or disaster.

§   -46 Conditions of importation under certification. (a) A certificate issued to an importer under this part is nontransferable.

(b) Every importer issued a certificate shall comply with the requirements of the certificate.

(c) An inspector may enter the premises under certification at any reasonable time to examine and inspect any microorganism, records, laboratory or other contained system approved by the department, equipment, procedures, manuals, and other related materials pertaining to the microorganism imported pursuant to certificate, and may conduct tests, collect samples, or perform any other duty for the purpose of carrying out and effectuating the purposes of this chapter.

§   -51 Certification of shipment. The department may certify as to the pest condition or post treatment of shipments when officially required. Fees may be charged for certification in certain instances.

§   -52 Responsibility for treatment. Any treatment of nursery stock which may be required under the law shall be at the risk and at the expense of the owner or owner’s agent at the time of treatment, unless otherwise provided.

§   -53 Nursery stock certificate. The department may issue and authorize the use of nursery stock certificates by any shipper complying with its rules for nursery inspection. Shipments accompanied by these certificates may move from one locality to another on the same island or to another island within the State without inspection at the destination. Nursery stock certificates may be issued for interstate shipments. Fees may be charged for nursery certification. Nursery stock certificates shall not be altered or misused.

The department may revoke or suspend the right to use any nursery stock certificate which is issued to any person who fails to comply with the requirements for their use.

§   -61 Invasive species task force. (a) The coordinating committee on alien pest species shall establish a task force consisting of thirteen members and shall include:

The chairperson of the coordinating committee on alien pest species shall be the thirteenth member and chairperson of the committee.

(b) The task force shall work with the coordinating committee to develop and implement a program of preventive measures to reduce the introduction of invasive species through aircraft or vessels, and to develop a strategy to carry out the programs of the coordinating committee pursuant to section    -22.

§   —62 Invasive species inspection, quarantine, and eradication fund. (a) There is established in the state treasury the invasive species inspection, quarantine, and eradication fund, into which shall be deposited:

(b) The moneys of the invasive species inspection, quarantine, and eradication fund shall be used for the operation of inspection and monitoring facilities at ports of entry, the execution of emergency remedial measures when invasive species are detected at ports of entry, and for the operations of the coordinating committee on alien pest species. All moneys for the execution of emergency remedial measures shall be expended under the supervision and control of the coordinating committee on alien pest species.

§   -63 Penalties. (a) Any person who violates any provisions of this chapter other than sections    -15(a) and    -17(a), or who violates any rule adopted under this chapter other than those rules involving a plant, animal, or microorganism that is prohibited or restricted without a permit shall be guilty of a misdemeanor and fined not less than $100. 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 transportation company that violates section    -15(b) shall be guilty of a misdemeanor and fined not less than $100. 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:

(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 an invasive species, and which caused the department to initiate emergency remediation measures to capture, control, or eradicate the invasive species, the court shall also require that the person or organization pay to the invasive species, inspection, quarantine, and eradication fund an amount of money to be determined in the discretion of the court upon the advice of the department, based upon the cost of the execution of the program of emergency remedial measures.

(e) Any person or organization that voluntarily surrenders any prohibited or restricted plant, plant product, noxious weed, biological control organism, animal, or microorganism without a permit issued by the department or by the Secretary pursuant to the Agricultural Risk Protection Act of 2000, Public Law 106-224, prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section.

§   —64 Importers of microorganisms; penalties. In addition to penalties that may be applicable under section    -63, certified importers of microorganisms are subject to penalties as follows:

SECTION 2. Section 141-2, Hawaii Revised Statutes, is amended to read as follows:

"§141—2 Rules. Subject to chapter 91 the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

All rules adopted under this section shall have the force and effect of law."

SECTION 3. Chapter l50A, Hawaii Revised Statutes, is repealed.

SECTION 4. Chapter 152, Hawaii Revised Statutes, is repealed.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. 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 the fiscal year 2001—2002, and $          , or so much thereof as may be necessary for the fiscal year 2002-2003, to carry out the operations of the coordinating committee on alien pest species, including the hiring of necessary staff. The sums appropriated shall be expended by the department of agriculture.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.