STAND. COM. REP. NO.  1669

Honolulu, Hawaii

                , 2007

RE:   H.C.R. No. 231

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.C.R. No. 231 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE AND SUPPORT FEDERAL LEGISLATION TO ADDRESS CONCERNS REGARDING THE INSPECTION OF PLANTS AND PRODUCTS FROM FOREIGN COUNTRIES TO PREVENT INVASIVE SPECIES FROM ENTERING THE STATE,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request Hawaii's Congressional Delegation to introduce and support federal legislation regarding the inspection of plants and products from foreign countries, including the establishment of a federal and state invasive species action plan, to prevent invasive species from entering the state.

     The Department of Agriculture, Department of Land and Natural Resources, The Nature Conservancy of Hawaii, Hawaii Crop Improvement Association, Hawaii Agriculture Research Center, and the Hawaii Forest Industry Association supported this measure. 

     According to testimony submitted during the public hearing, existing federal laws may not provide the state with adequate protection against invasive species.  For example, the federal Plant Protection Act of 2000 specifically preempts states from being more restrictive than the federal government in regulating the movement of plants and plant products.  In addition, federal laws prohibit Hawaii from preventing a plant pest of foreign origin from entering the state.  Furthermore, the risk-based analysis used by the United States Department of Agriculture targets specific "actionable" pests of national concern, but fails to consider those which are of critical importance to Hawaii, and also does not address the broad spectrum of pests which may be hitchhiking on the commodity or packing material.  Your Committee finds that amendments to existing federal law will help to improve efforts to protect Hawaii from invasive species. 

     In addition, federal assistance is needed to establish a state-of-the-art, joint-use inspection facility at Honolulu International Airport, to be used by both federal and state agencies for biosecurity efforts.  A joint-use inspection facility is currently under construction at Kahului Airport with funding provided by the Federal Aviation Administration. 

     Your Committee has amended this measure by:

     (1)  Specifying that a copy of the measure be transmitted to the Secretary of the United States Department of Agriculture; and

     (2)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     Your Committee finds that because of its growing role and presence in combating the spread of invasive species, the Department of Homeland Security should also be made aware of the contents of this concurrent resolution.

     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 231, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 231, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

CLIFT TSUJI, Chair