Proposed Amendments to Title 4, Subtitle 6, Chapter 72, Hawaii Administrative Rules (HAR), entitled “Plant and Non-Domestic Animal Quarantine Plant Intrastate Rules” to, Among Other Things: Implement Quarantine Restrictions on the Coconut Rhinoceros Beetle (CRB) and CRB host materials; Implement Fees for Inspections and the Processing and Issuance of Permits; Establish Authority to Prohibit the Movement of Infested Materials Within the State; Include Penalties for
Non-compliance; and Make Other Changes for Clarity or Simplification and Other Non-substantive Changes Correcting Grammar, Punctuation, or Typeface.

The proposed amendments to Chapter 4-72, HAR are noted below:

1. Title amended by adding "and Pest Host Material" and headings for "Subchapter 1 General Provisions” and “Subchapter 2 Intrastate Restrictions”.
2. Amending Section 4-72-1 Objective to clarify the chapter is implementing Chapter 141, Hawaii Revised Statutes (HRS) and making technical changes.
3. Amending Section 4-72-2 Definitions by: (a) correcting the definition of "Board" and “Restricted Area”; (b) moving the definition “Department" to appear in alphabetical order; (c) deleting the definition “Chief” and changing all references from “chief” to “SPRO” throughout; and (d) the addition of the definitions "Compliance agreement", "Infested", "Person”, "Pest", "Pest host material", “Soil”, "SPRO" and “State" are added.
4. Adding “soil” to items required to be inspected and clarifies non-propagative plant parts may be inspected at HDOA’s discretion.
5. Amending Section 4-72-4 Prohibited transportations for clarity and adding that infested pest host material or pests may not be transported between or within islands of the State unless treated and that the inspectional requirements and prohibitions not apply in certain circumstances.
6. Amending and renumbering Section 4-72-4.5 as section 4-72-10 (see below for proposed changes).
7. Adding a new section related to pest host material authorizing the SPRO to: (a) quarantine or prohibit the movement of infested items that are infested or infected with an insect, disease, or pest; require treatment of a storage areas of infested items; and determine the disposition of infested items.
8. Amending and renumbering Section 4-72-8 as Section 4-72-6 to allow the harboring, rearing, or breeding of a pest in certain instances.
9. Establishing fees for inspections, permits, site inspections and mileage reimbursements.
10. Adding a new section clarifying the State is not responsible for economic loss or damage.
11. Amending and renumbering Section 4-72-4.5 as section 4-72-10 to make technical changes and remove the requirement that the Board’s action to expand an infested area occur on the island where a new infestation has occurred, following written notice to likely-affected industry groups.
12. Adding a new section for penalties and clarifies violations are pursuant to Chapters 150A-14 and 141-7, HRS.
13. Adding a new section clarifying if a scientific or common name is changed it shall refer to the new name.
14. Adding a new section clarifying that if a provision of the chapter is found to be unconstitutional or invalid, other provisions are not affected.
15. Amending and renumbering Section 4-72-5 as Section 4-72-15 to make technical changes and add new pest examples.
16. Amending and renumbering Section 4-72-6 as 4-72-16 to make technical changes and add eligibility for research permits.
17. Amending and renumbering Section 4-72-7 as Section 4-72-17 to make technical changes and add eligibility for diagnostic permits.
18. Amending and renumbering Section 4-72-9 as 4-72-18, deleting “corms” throughout the section.
19. Amending and renumbering Section 4-72-10 as 4-72-19 to make technical changes.
20. Amending and renumbering Section 4-72-11 as 4-72-20 to make technical changes for clarity and adding restrictions for Fusarium tropical race 4.
21. Amending and renumbering Section 4-72-12 as 4-72-21 to make technical changes and allow coffee propagation at a facility approved by the SPRO.
22. Amending and renumbering Section 4-72-13 as 4-72-22 to make technical changes.
23. Adding a new section establishing quarantine restrictions on Coconut Rhinoceros Beetle (CRB) and CRB host material and designates the entire island of Oahu as infested.
24. Other amendments made for clarity, simplification, or to correct format, grammar, punctuation, and typeface.

The public hearing will be held as follows:

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Or Telephone:

Dial (for higher quality, dial a number based on your current location):

US: +1 719 359 4580 or +1 253 205 0468 or +1 669 444 9171 or
+1 386 347 5053 or +1 507 473 4847

Hawaii- 16E Lanikaula Street, Hilo Phone: (808) 974-4141
or 73-302 Kupipi Street, Kailua-Kona Phone: (808) 326-1077

Kauai- 4398A Pua Loke Street, Lihue Phone: (808) 274-7135

Maui- 635 Mua Street, Kahului Phone: (808) 873-3962

Molokai- Molokai Irrigation Office Phone: (808) 567-9656
801 Puupeehua Ave., Hoolehua

Special accommodations, such as sign language interpretation, large printing, taped materials, and accessible parking, can be provided if requested at least ten (10) business days prior to the scheduled hearing. This request may be made in writing to the Plant Quarantine Branch at 1849 Auiki Street, Honolulu, HI 96819 or calling (808) 832-0566.