194-2. [Establishment of council; duties.]
(a) There is established the invasive species council for the special purpose
of providing policy level direction, coordination, and planning among state
departments, federal agencies, and international and local initiatives for the
control and eradication of harmful invasive species infestations throughout the
State and for preventing the introduction of other invasive species that may be
potentially harmful. The council shall:
(1) Maintain a
broad overview of the invasive species problem in the State;
(2) Advise,
consult, and coordinate invasive species-related efforts with and between the
departments of agriculture, land and natural resources, health, and
transportation, as well as state, federal, international, and privately
organized programs and policies;
(3) Identify and
prioritize each lead agency's organizational and resource shortfalls with
respect to invasive species;
(4) After
consulting with appropriate state agencies, create and implement a plan that
includes the prevention, early detection, rapid response, control, enforcement,
and education of the public with respect to invasive species, as well as
fashion a mission statement articulating the State's position against invasive
species; provided that the
appropriate state agencies shall collaborate with the counties and communities
to develop and implement a systematic approach to reduce and control coqui frog
infestations on public lands that are near or adjacent to communities, and shall
provide annual reports on the progress made in achieving this objective;
(5) Coordinate
and promote the State's position with respect to federal issues, including:
(A) Quarantine
preemption;
(B) International
trade agreements that ignore the problem of invasive species in Hawaii;
(C) First
class mail inspection prohibition;
(D) Whether
quarantine of domestic pests arriving from the mainland should be provided by
the federal government;
(E) Coordinating
efforts with federal agencies to maximize resources and reduce or eliminate
system gaps and leaks, including deputizing the United States Department of
Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;
(F) Promoting
the amendment of federal laws as necessary, including the Lacey Act Amendments
of 1981, Title 16 United States Code sections 3371-3378; Public Law 97-79, and
laws related to inspection of domestic airline passengers, baggage, and cargo;
and
(G) Coordinating
efforts and issues with the federal Invasive Species Council and its National
Invasive Species Management Plan;
(6) Identify and
record all invasive species present in the State;
(7) Designate the
department of agriculture, health, or land and natural resources as the lead
agency for each function of invasive species control, including prevention,
rapid response, eradication, enforcement, and education;
(8) Identify all
state, federal, and other moneys expended for the purposes of the invasive
species problem in the State;
(9) Identify all
federal and private funds available to the State to fight invasive species and
advise and assist state departments to acquire these funds;
(10) Advise the
governor and legislature on budgetary and other issues regarding invasive
species;
(11) Provide
annual reports on budgetary and other related issues to the legislature twenty
days prior to each regular session;
(12) Include and
coordinate with the counties in the fight against invasive species to increase
resources and funding and to address county-sponsored activities that involve
invasive species;
(13) Review state
agency mandates and commercial interests that sometimes call for the
maintenance of potentially destructive alien species as resources for sport
hunting, aesthetic resources, or other values;
(14) Review the
structure of fines and penalties to ensure maximum deterrence for invasive
species-related crimes;
(15) Suggest
appropriate legislation to improve the State's administration of invasive
species programs and policies;
(16) Incorporate
and expand upon the department of agriculture's weed risk assessment protocol
to the extent appropriate for the council's invasive species control and
eradication efforts; and
(17) Perform any
other function necessary to effectuate the purposes of this chapter.
(b) The council shall be placed within the
department of land and natural resources for administrative purposes only and
shall be composed of:
(1) The president of the University of Hawaii,
or the president's designated representative;
(2) The director, or the director's designated
representative, of each of the following departments:
(A) Business, economic development, and
tourism;
(B) Health; and
(C) Transportation; and
(3) The chairperson, or the chairperson's designated
representative, of each of the following departments:
(A) Agriculture; and
(B) Land and natural resources.
(c) Representatives of federal agencies, the
legislature, and members of the private sector shall be asked to participate or
consulted for advice and assistance. Representatives of the legislature shall
consist of eight members, as follows:
(1) Four senators, one from each county, to be
selected by the senate president; and
(2) Four representatives, one from each county, to be
selected by the speaker of the house of representatives.
(d) The council shall meet no less than twice
annually to discuss and assess progress and recommend changes to the invasive
species programs based on results of current risk assessments, performance
standards, and other relevant data. Notwithstanding any law to the contrary:
(1) A simple majority of voting members of the
council shall constitute a quorum to do business; and
(2) Any action taken by the council shall be by a
simple majority of the voting members.
(e) The council shall submit a report of its
activities to the governor and legislature annually.
[L 2003, c 85, §3; am L
2004, c 10, §16; am L 2006, c 109, §§1, 2; am L 2008, c 160, §1]
