Two bills introduced in the state Legislature seek to stem Hawaii’s growing invasive species problems with more oversight and clout.
House Bill 2758, introduced by state Rep. Scot Matayoshi (D, Kaneohe-Maunawili-Kailua), would establish a plant nursery licensing program, among other measures, to more aggressively prevent the spread of invasive species.
The bill passed out of the House Committee on Agriculture & Food Systems on Wednesday.
The Senate Committee on Agriculture and Environment held a hearing on its companion, Senate Bill 3237 on Thursday, and deferred a decision on it to Monday.
The bills address increasing concerns over the state’s lack of action in stopping some nurseries — so-called bad actors — from knowingly selling plants infected with invasive species to the public.
Environmental advocates say this has been going on for years, unchecked, and as a result, little fire ants, coconut rhinoceros beetles and coqui frogs are spreading across islands. Those opposed say the bills are problematic due to the high costs of establishing a nursery licensing program, which could potentially lead to legal and operational quagmires.
Matayoshi said the purpose of the House bill is to make it clear that the Hawaii Department of Agriculture is responsible for stopping the movement of infected plant materials within an island.
The department would have the authority to enter a property with a known infection and to quarantine and treat it, with or without the permission of the landowner.
“In our opinion, the DOA’s primary, overarching goal needs to have public safety in mind, to stop the spread of invasive species first,” he said. “That should take precedence over protecting farmers who may be bad actors in the field.”
Refusing to enforce bad actors and stop movement, he added, is harming the industry as a whole.
But the Agriculture Department said it has numerous concerns about what the bill proposes.
Dexter Kishida, the department’s deputy to the chairperson, told the House committee that implementing the bill would require the department to create an entirely new division at an estimated cost of $120 million, plus another $30 million a year.
The department would need at least 75 to 100 additional staff for this new division, he testified, including technicians and specialists. Additionally, if criminal investigation is required for infested, imported items, the department would need at least 300 additional inspectors.
Agriculture officials said they would not only need new facilities for additional staff in each county, but a fleet of additional vehicles, including boats with spray rigs, drones and trucks, plus additional helicopter time.
The bills were supported by the Hawaii Invasive Species Council, Big Island and Oahu Invasive Species Committees, Sierra Club of Hawaii and Council for Native Hawaiian Advancement.
They were opposed by the Hawaii Floriculture and Nursery Association, a group with about 350 members.
Association President Eric Tanouye said the group strongly opposes the bill because it seeks to transfer duties from the Agriculture Department to invasive species committees, which have different priorities.
A section of the bill says if the department does not carry out a control or eradication program for certain pests, then counties or staff from the committees or Hawaii Ant Lab may do so using the best available technology.
Tanouye said committee staff should not be allowed to enter private properties. The department is focused on production agriculture, while the committees are primarily concerned with the environment.
“These committees have different priorities,” he wrote.
The Hawaii Farm Bureau also expressed concerns about the removal of the department’s authority over invasive species programs.
The state Department of the Attorney General expressed concerns over legal language in the bill, and noted there should be an appeals process for nurseries stopped from selling merchandise, among other issues.
Infestations of little fire ants — tiny, orange-red ants that can deliver a painful sting — are growing across the island of Oahu, particularly on the windward side.
They have become so widespread they were recently found in plants donated by several Oahu nurseries in a co-mingled shipment to Punahou School for its annual carnival.
Fortunately, a staff member from the Oahu Invasive Species Committee detected the ants ahead of time, and about 400 plants were isolated.
Had these plants gone for sale to the public, they could have spread the stinging ants to many parts of the island, said Matayoshi.
A new infestation of little fire ants, meanwhile, was just detected in Hokulele, a subdivision in Kaneohe, where volunteers will be knocking on doors to inform people about testing and treatment.
“The nursery regulation program is just the beginning of a sensible framework,” said Christy Martin, who is with the University of Hawaii at Manoa’s Coordinating Group on Alien Pest Species.
Martin testified in favor of the bill, saying it contains many “good-sense measures.”
She said a nursery licensing program that allows for inspections without a warrant are common in other states, including Nevada, Oregon and New York, among others.
“The Hawaii Department of Agriculture has the sole authority to prevent the introduction and spread of invasive pests in Hawaii,” she wrote in an email. “Despite their name and the focus on supporting agriculture, this bill would clarify that their invasive species authorities are for the protection of all of us and the environment, including local agriculture.”
A long-awaited public hearing was held Jan. 30 on amendments to the state’s Chapter 72 rules that would — similar to these bills — strengthen the department’s ability to stop the sale of pest-infested plants.
Hundreds testified the new rules are needed to stop bad actors in the plant industry, but the department has yet to implement them.
Agriculture Department officials say staff is reviewing all the testimony, and will need to address concerns before submitting them to the Board of Agriculture.
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Bills addressing invasive species
HB2758 and SB3237: Facilitate the control and eradication of invasive species and pests; Establish a plant nursery licensing program; Require Hawaii Department of Agriculture to designate certain species as pests for control or eradication; Impose certain limits on imports; Update noxious weed list.
>> HB2758: House Committee on Agriculture & Food Systems recommended the measure be passed, with amendments.
>> SB3237: Senate Committee on Agriculture and the Environment deferred decision to 1:02 p.m. Monday, Room 224.
