Proposed Administrative Rules

 PROPOSED ADMINISTRATIVE RULES

Administrative Rules establish the guidelines, limitations and parameters for specific types of actions within the context of the Hawai`i Revised Statutes.  Content is subject to change.

* * * * * * *

HDOA is currently accepting public comments on proposed rule amendments regarding:

NOTICE OF PUBLIC HEARING

          Proposed Amendments to Plant Intrastate Administrative Rules,

          Including Restrictions on Intrastate Movement of Coffee Plants, Plant Parts, Unroasted Coffee Beans, Used Coffee Bags, and Coffee Harvesting Equipment From the Island Of Hawaii, Except by Permit

          Pursuant to Chapter 91, Hawaii Revised Statutes (“HRS”), and other applicable laws, notice is hereby given that the Hawaii Department of Agriculture (“Department”) will hold public hearings to receive testimony on proposed amendments to Hawaii Administrative Rules (“HAR”), Title 4, Subtitle 6, Chapter 72:

          Chapter 4-72 – “Plant and Non-Domestic Animal Quarantine                                                                   Plant Intrastate Rules”

          The proposed amendments to Chapter 4-72, HAR, include, but are not limited to, the following changes:  (1) designate the island of Hawaii as a coffee berry borer infested area, notwithstanding ongoing control projects on Hawaii island, and designate other islands in the State as coffee berry borer restricted areas where this pest is not known to be established; (2) provide that an infested area may be expanded by Board of Agriculture designation pursuant to the process set out in the proposed amendments in order to implement quarantine measures in a newly infested area on a timely basis; (3) authorize the Department’s Plant Quarantine Branch (PQB) chief to issue permits for  intrastate transportation of coffee plants, plant parts, green (unroasted) coffee beans, used coffee bags, and coffee harvesting equipment from a coffee berry borer infested area,  with conditions for mitigative treatment and measures appropriate to the applicable circumstance, such as propagation, research, or roasting; (4) authorize the PQB chief to approve new treatments and mitigative measures as they are scientifically validated and to revise permit conditions accordingly; and (5) provide an exemption from quarantine restrictions for transportation of coffee plants, plant parts, green coffee beans, used coffee bags, and coffee harvesting equipment for direct export from an infested area if not transshipped through uninfested areas.  Currently approved mitigative treatments and measures for some of the restricted items include the following:  (a)  for green (unroasted) coffee beans for roasting, Methyl bromide, Profume, heat treatment at 315 degrees Fahrenheit for a least 5 minutes, or an alternative measure for organic or non-organic coffee that involves a 6-part protocol; and (b) for coffee plants and plant parts (including seeds) for propagation, treatment with an approved pesticide and one year quarantine in an approved quarantine facility.        

           As to plants and plant parts, generally, the proposed rule amendments include, but are not limited to the following changes:  (1) clarify that a certificate of inspection will indicate satisfaction of the requirement for inspection of plants and propagative plant parts being transported intrastate; (2) provide alternatives to the pesticides treatment required before a pest-infested commodity may be transported between the islands, including fumigation or  other appropriate treatment; (3) add “transport” of a pest to other prohibited activities, such as breeding of a pest, except under safeguards in an area infested by the pest, for certain purposes such as research, by the Department, or by an agency, school, or university by permit; and (4) make minor non-substantive changes that are “housekeeping” in nature.

As to the impact of the proposed rule amendments on business, the cost of treatment, mitigative measures and/or quarantine required for intrastate movement of coffee and other coffee berry borer hosts from Hawaii island will continue to be borne by the coffee industry.  While this is an adverse impact in the short term, the proposed amendments are recognized as necessary to limit the economic damage caused by the coffee berry borer infestation and to prevent its spread to uninfested areas of the State, a beneficial impact long term.    

          The following is the schedule of public hearings:

          January 4, 2012, 9:00 a.m.

          Conference Room, Department of Agriculture

          1849 Auiki Street

          Honolulu, Hawaii  96819

          January 5, 2012, 8:00 a.m.

          Kona Imin Center

          76-5893A Old Mamalahoa Highway

          Holualoa, Hawaii  96725

          January 5, 2012, 3:00 p.m.

          Conference Room, Department of Agriculture

          16E Lanikaula Street

          Hilo, Hawaii  96720

          January 6, 2012, 9:00 a.m.

          Conference Room, Department of Agriculture

          4398A Pua Loke Street

          Lihue, Hawaii  96766

          January 6, 2012, 4:00 p.m.

          Conference Room, Department of Agriculture

          635 Mua Street

          Kahului, Hawaii  96732

          All interested persons are urged to attend the hearings and submit comments orally or in writing.  Copies of the proposed rule amendments may be reviewed at the Department of Agriculture’s website at http://hawaii.gov/hdoa/Info/proposedrules/proposed-administrative-rules  or in person during normal business hours at any of the listed Department offices:

                    Oahu -          1428 South King Street

                                        Honolulu (Phone: 973-9600)

                                                            or

                                        1849 Auiki Street

                                        Honolulu (Phone: 832-0566)

                    Hawaii -        16E Lanikaula Street

                                        Hilo (Phone: 974-4141)

                                                            or

                                        Kona State Building, Room 3

                                        Captain Cook (Phone: 323-4565)

          Kauai -          4398A Pua Loke Street

                                        Lihue (Phone: 274-3071)

                    Maui -           635 Mua Street

                                        Kahului (Phone: 873-3556)

          Molokai -       Molokai Irrigation Office

                                        Hoolehua (Phone: 567-6891

          Copies of the proposed rule amendments may also be obtained at the above offices by paying a fee for photocopying or may be sent by mail upon request by paying a fee for photocopying and postage.

          The Department of Agriculture will also accept written testimony on the proposed rule amendments until January 6, 2012, at the Plant Quarantine Branch, 1849 Auiki Street, Honolulu, Hawaii  96819 or by fax to (808) 832-0584.

          Special modifications, e.g., Sign Language interpretation, large print, taped materials, accessible parking, can be provided if requested reasonably in advance.  This request may be made in writing to one of the addresses above or by calling (808) 832-0566.

                                                  State of Hawaii

                                                  BOARD OF AGRICULTURE

                                                  RUSSELL S. KOKUBUN, Chairperson

 * * * * * * * * * * *

To view the proposed rule changes noted above in Ramseyer format, click here.

 * * * * * * * * * * *

For information on the Hawai`i Department of Agriculture, write to:

Hawai`i Department of Agriculture
Office of the Chairperson
1428 South King Street
Honolulu, HI 96814-2512

Phone: (808) 973-9560
E-mail: HDOA