SB2523

THE SENATE	S.B. NO.	2523
TWENTY-FOURTH LEGISLATURE, 2008
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 agriculture and conservation organizations in the State are fighting to slow down the invasion of alien species that are spreading from home and commercial landscapes into agricultural areas and native forests.

Under section 150A-6.1, Hawaii Revised Statutes, the department of agriculture is required to maintain a list of restricted plants that require a permit for entry into the State. The department is currently in the process of updating its restricted plant list pursuant to that section of law. Under chapter 152, Hawaii Revised Statutes, the department of agriculture is responsible for establishing criteria and procedures for the designation of plant species as noxious weeds, and is required to publish and make available a list of noxious weeds to interested persons. While these statutory provisions provide restrictions on the importation and control of designated restricted plants, restrictions are not provided for the sale of designated restricted plants.

The legislature further finds that to help prevent further introductions of invasive species in the State, additional restrictions are needed to prevent the sale of plants designated on the restricted plant or noxious weed list. Additionally, further clarification is necessary to recognize that designated restricted plants can be pests or can be hosts for pests such as insects or pathogens.

The purpose of this Act is to prohibit the sale of plants designated as restricted plants or noxious weeds in Hawaii without a permit, and provide recognition that designated restricted plants can be pests or can be hosts for pests.

SECTION 2. Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants or any portions thereof shall not be imported into or offered for sale or sold in the State without a permit issued pursuant to rules.

(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health. In addition, plant species designated by rule as noxious weeds are designated as restricted plants."

SECTION 3. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

"§152-3 Prohibited acts. (a) It shall be unlawful to introduce or to transport specific noxious weeds or their seeds or vegetative reproductive parts into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department.

(b) No person shall offer for sale or sell within the State any noxious weed or any portions thereof without a permit issued pursuant to rules.

(c) Any person who violates any provision of this chapter or who violates any rule adopted pursuant to this chapter shall be guilty or a misdemeanor and fined not less than $100."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________