Report Title:

Alien Species:

THE SENATE

S.R. NO.

36

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  
   

SENATE RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF AGRICULTURE TO SUBMIT A REPORT ON ALIEN SPECIES PROGRAMS.

 

WHEREAS, the invasion of Hawaii by insects, snakes, weeds, and other alien pests represent the single greatest threat to Hawaii’s economy, natural environment, and lifestyle; and

WHEREAS, alien pests cause millions of dollars in agricultural and horticultural crop losses, threaten the extinction of native flora and fauna, damage native forests, streams, and watersheds, and spread diseases that endanger native species, agricultural crops, livestock, and humans; and

WHEREAS, in 1994, the federal Office of Technology Assessment declared Hawaii’s alien pest species problem the worst in the nation; and

WHEREAS, in 1994, an Alien Species Action Plan Working Group, which was formed to produce a strategy to strengthen Hawaii’s protection against pest invasion, included in its Oversight Committee the Hawaii Department of Agriculture, Hawaii Department of Land and Natural Resources, Hawaii Department of Health, U.S. Department of Agriculture, U.S. Postal Service Inspection Service, U.S. Customs Service, National Park Service, Military Customs Inspection Service, Hawaii Farm Bureau Federation, Natural Resources Defense Council, University of Hawaii/Department of Urban and Regional Planning, and The Nature Conservancy of Hawaii; and

WHEREAS, the Working Group identified the single greatest obstacle to improving the effectiveness of pest programs as the lack of interagency coordination, lack of consensus on priorities, and lack of an effectiveness to set priorities, to respond to contingency or emergency situations, or to address and resolve jurisdictional disputes and questions; and

WHEREAS, among the key findings of the Working Group in 1994, were:

(1) That existing programs for the prevention and control of alien pest species will fail to protect Hawaii without significant improvements;

(2) That significant improvements depend on improving the coordination among public and private organizations, working together to devise a more complete and integrated protection system;

(3) That no entity exists to direct a collaborative effort;

(4) That significant improvement in pest prevention and control will require widespread public support and political leadership of the highest order; and

(5) That slow, incremental improvements will not suffice;

and

WHEREAS, Congress consolidated ten existing plant health laws into one comprehensive law by enacting the Plant Protection Act as part of the Agricultural Risk Protection Act of 2000, to address the need to protect the agriculture, environment, and economy of the United States through "…the detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests or noxious weeds"; and

WHEREAS, the Plant Protection Act allows the listing of species that are of special concern to Hawaii by providing that any person may petition for the addition or removal of any plant pest, noxious weed, or biological control organism, and makes the list available on the Animal Plant Health Inspection Service website; and

WHEREAS, the Plant Protection Act makes several changes that can be used to Hawaii’s advantage, such as:

(1) Providing that the Secretary of Agriculture may cooperate with States in the administration of the programs under the Act;

(2) Providing that the Secretary may make grants, and enter into contracts, cooperative agreements, memoranda of understanding, and other agreements, which may provide federal funds for Hawaii programs;

(3) Although preempting regulation of foreign commerce, ensuring that phytosanitary issues involving imports are addressed by direct negotiations with officials in foreign countries, providing technical assistance and phytosanitary facilities, and general liaison on agricultural health issues with foreign countries;

(4) Allowing regulation of movement in interstate commerce if a special need or additional prohibition or restriction is demonstrated; and

(5) Providing for declaration of an extraordinary emergency when a new or not widely prevalent plant pest or noxious weed poses a significant threat and the transfer of funds from other agencies to cover the cost of eradication;

and

WHEREAS, there is general confusion in how to effectively address Hawaii’s alien species problems, because the Department of Agriculture maintains that:

(1) Although the Department signed the Alien Species Action Plan, declaring the lack of an interagency coordinating entity as the single greatest obstacle to improving the effectiveness of pest programs, establishing a coordinating entity such as a coordinating committee would take away from the Department’s authority; and

(2) Incorporation of provisions of the Plant Protection Act would compromise the State’s efforts to keep out invasive alien species and is ill advised;

and

WHEREAS, with interception of 186 insects not previously known to occur in Hawaii during the Maui risk assessment, and the growing number of requests for legislative action to address alien species including requests for funds to mitigate snakes, Caribbean frogs, miconia, ivy gourd and funds for various invasive species committees, there is an obvious need for improvement in the effectiveness of State programs dealing with alien species; and

WHEREAS, there is a need to bring order and coordination to the various alien pest species efforts in the State of Hawaii, and to eliminate any conflicts between State and federal law; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, that the Department of Agriculture, is requested to research and analyze the provisions of the Plant Protection Act and determine:

(1) The provisions of the Act that are different from the provisions of law prior to the consolidation of the 10 previously existing plant health laws;

(2) How the petitioning for special needs for Hawaii is particularly burdensome and alternatives to securing special needs for Hawaii;

(3) How Hawaii, if possible, can secure exemption from the preemption provisions of the Act; and

(4) How incorporation of federal provisions in Hawaii law will compromise the State’s efforts to keep out invasive alien species;

and

BE IT FURTHER RESOLVED, that if, contrary to the recommendation of the Alien Species Action Plan, the establishment of a coordinating entity will take away from the authority of the Department, the Department of Agriculture is requested to submit an action plan for addressing alien pest species including an organizational structure for Department oversight and coordination, funding of pest inspection, quarantine, and eradication programs, and integrating or eliminating various ad hoc programs now being funded with State funds; and

BE IT FURTHER RESOLVED that the Department of Agriculture shall submit a report of findings to the Legislature twenty days prior to the convening of the Regular Session of 2002; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Board of Agriculture.

 

 
 

OFFERED BY:

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