Report Title:

Invasive Species; Restricted Plants; Noxious Weeds

 

Description:

Prohibits the sale of plants designated as restricted plants or noxious weeds.  (SD1)

 

THE SENATE

S.B. NO.

2523

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

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 plants designated restricted, restrictions are not provided for the sale of these restricted plants, which include noxious weeds.

     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 allow the department of agriculture to prohibit the sale of plants designated as restricted plants, prohibit the sale of noxious weeds in the State, and to recognize that designated restricted plants can be pests or can be hosts for pests.

     SECTION 2.  Section 150A-6.1, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-6.1  Plant import.  (a)  The board shall maintain a list of restricted plants that require a permit for entry into the State.  Restricted plants or any portion thereof shall not be imported into 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.

     (c)  The department, by rule, may regulate or prohibit the sale of specific plants on the list of restricted plants.

     (d)  Noxious weeds may be imported only for research, by permit, and shall not be offered for sale or sold in the State.

     [(c)] (e)  No person shall import, offer for sale, or sell within the State any plant or propagative portion of Salvinia molesta or Salvinia minima and [pistia] Pistia stratiotes. [plants or portion thereof within the State.]"

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  This Act shall take effect upon its approval.