A series of new rules to manage the spread of invasive species are closer to becoming official.
The Hawaii Board of Agriculture discussed on Tuesday a raft of proposed amendments to the state’s administrative rules allowing the Department of Agriculture to take stronger actions to intercept invasive pests.
Those rule changes would make permanent an interim rule passed earlier this month that would prohibit the transportation of material that could host the invasive coconut rhinoceros beetle from Oahu, where the insect has ravaged palm trees.
That rule designated Oahu as a “coconut rhinoceros beetle infested area” and, consequently, all plant material that could host the pest — such as mulch, compost and palms — cannot be transported to other islands from Oahu except with authorization by the DOA.
Other rule changes will broaden the degree to which the DOA will be able to inspect materials and properties for invasive species. The department will finally be allowed to inspect soil — something it is currently unable to do — and the department’s director can call for pest-infested material to be treated or destroyed, or for places where that material was stored to be treated as well.
The rule changes also establish a series of site inspection and permit fees — $20 per permit for a single shipment, $50 for any single inspection — and waives all responsibility by the state for any economic loss or damages caused by the enforcement of the new rules.
“The intent really was, for these rules, to be able to take action when necessary,” said Jonathan Ho, DOA’s Plant Quarantine Division manager at the board meeting Tuesday.
The new rules drew hundreds of pages of written testimony from residents urging the board to approve the changes, and several people appeared at the meeting either in person or via Zoom to voice their support.
“As we have seen on Hawaii Island, invasive pests like the little fire ant may not only be devastating to our agriculture and local food security, but to our ecological and cultural integrity, quality of life, public health and overall economy, potentially for generations,” wrote Laurel Nakanishi. “With the little fire ant and coconut rhinoceros beetle now being found throughout the islands, we need to use every tool available as soon as possible, to support the all-hands-on-deck fight against these and other emerging pest threats.”
Stephanie Easley, a legal fellow with the Coordinating Group on Alien Pest Species, urged the board to approve the new rules without any further amendments, because any additional changes would “effectively send the rules back to the drawing board” for months or years of further deliberation.
“However, I do want to point out how modest these rule amendments are,” Easley said. “They do not contain a ban on selling to the public plants, mulch or other merchandise that is infested with little fire ants, CRB or coqui frogs, even if the seller knows about the pest infestation.”
Easley recommended that the DOA pass an interim rule to cover that gap in the rules while passing the existing rule amendments.
The board ultimately voted to approve the rule changes with minimal amendments.
DOA spokeswoman Janelle Saneishi said the matter will now go to the state’s Small Business Regulatory Review Board for further discussion, after which it will return to the Board of Agriculture.
The Small Business Regulatory Review Board’s next meeting is scheduled for Nov. 21, but no agenda has yet been finalized.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
