DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Subtitle 14 of Title 13,
Containing Chapters 13-325 and 13-326,
Hawaii Administrative Rules[DATE]

1. Chapter 13-325, Hawaii Administrative Rules, isadopted.
2. Chapter 13-326, Hawaii Administrative Rules, isadopted.
3. Subtitle 14 of Title 13, Hawaii AdministrativeRules, is adopted to read as follows:“HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 14
HAWAII INVASIVE SPECIES COUNCIL
CHAPTER 13-325
GENERAL PROVISIONS§13-325-1§13-325-2§13-325-3

PurposeDefinitions
Relationship to other laws

§13-325-1 Purpose. This chapter implements theHawaii invasive species council authorities in chapter 194,325-1

§13-325-1
Hawaii Revised Statutes, for the purpose of preventing,controlling, and eradicating harmful invasive species
infestations throughout the State.
[Eff] (Auth: HRS §194-7) (Imp: HRS§§194-2, 194-4)§13-325-2 Definitions. As used in this chapter:“Agent” means a person authorized by law to carry out
a provision of this chapter.
“Control” means, with respect to an invasive species,containing, suppressing, or reducing the invasive species.
“Council” or “Hawaii invasive species council” means
the invasive species council established under section 1942, Hawaii Revised Statutes.
“County” means the city and county of Honolulu, andthe county of Hawaii, the county of Kauai, and the countyof Maui; provided that the county of Maui shall include thecounty of Kalawao for the purposes of this chapter.
“Department” means each of the following:(1) The department of agriculture;(2) The department of business, economic development,
and tourism;(3) The department of health;(4) The department of land and natural resources;(5) The department of transportation; and(6) The University of Hawaii.
“Eradicate” means, with respect to an invasivespecies, to remove or destroy an entire population of theinvasive species.
“Eradication” means, with respect to an invasivespecies, actions to eradicate the invasive species.
“Invasive species” means, with regard to a particular
ecosystem, a non-native species, genera, or other taxon
that causes or is likely to cause economic or environmental
harm, or harm to human, animal, or plant health.
“Non-native species” means, with respect to aparticular ecosystem, an organism, including its seeds,eggs, spores, or other biological material capable ofpropagating that species, that occurs outside of its
natural range.
“Person” means an individual, corporation, firm,association, partnership, or other public, private, or notfor-profit entity, or any governmental unit.

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§13-325-3“Public property” means any property owned orcontrolled by the State or a county.
[Eff] (Auth: HRS §194-7) (Imp: HRS§§194-1, 194-2)§13-325-3 Relationship to other laws. Nothing inthis chapter may be construed to limit an authority
provided to a department or a county under any provision oflaw or any other rule to regulate, control, or eradicate
any invasive species. [Eff] (Auth: HRS§194-7) (Imp: HRS §194-4)

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HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 14
HAWAII INVASIVE SPECIES COUNCIL
CHAPTER 13-326

CONTROL AND ERADICATION OF INVASIVE SPECIES§13-326-1§13-326-2§13-326-3§13-326-4§13-326-5§13-326-6

Invasive species identified by the council
for control or eradication
Requirements for control or eradication on
private property
NoticeRequirement for control or eradication by
private property owner
Requirements for control or eradication on
public property
Warrants§13-326-1 Invasive species identified by the council
for control or eradication. (a) The invasive species
identified by the council for control or eradication for
purposes of sections 194-4 and 194-5, Hawaii Revised
Statutes, are those invasive species that have a record ofcausing economic or environmental harm, or harm to human,
animal, or plant health in the scientific literature or inenvironmental conditions found in Hawaii.
(b) The invasive species identified by the council
for control or eradication for purposes of sections 194-4
and 194-5, Hawaii Revised Statutes, are the following:326-1

§13-326-1

Scientific nameCommon name(1)

Plants:(A)

Andesanthus – all species
in the genus
Cenchrus longisetus(formerly Pennisetumvillosum)

(B)

(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)

Cenchrus setaceus(formerly Pennisetumsetaceum)
Chaetogastra – all species
in the genus
Chromolaena odorata
Cortaderia jubata
Cortaderia selloana
Miconia – all species in
the genus
Pleroma – all species inthe genus
Senecio madagascariensis
Tibouchina – all species
in the genus(2)

Invertebrates:

(A)
(B)
(C)
(D)
(E)

Aedes aegypti
Aedes scutellaris
Apis mellifera scutellata
Anopheles - all species ingenus
Oryctes rhinoceros(F)

Popillia japonica

(G)
(H)

Prosapia bicincta
Solenopsis invicta

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feather-topped
fountain grass,longstyle feathergrass
fountain grass

devil weed, Siam
weed
pampas grass
pampas grassmiconia

fireweed
Tibouchina, glorybush

mosquito
mosquito
Africanized honeybee
western malaria
mosquito
coconut rhinoceros
beetle, CRB
Japanese beetle
two-lined spittlebug
red imported fireant, RIFA

§13-326-1(I)

Wasmannia auropunctata(3)

Vertebrates:(A)

Eleutherodactylus coqui(4)Pathogens:

(A)
(B)

Ceratocystis lukuohia
Ceratocystis huliohia

little fire ant, LFA

coqui frog

rapid ohia death
rapid ohia death(c) If the scientific name or common name of a taxon
referred to in this section is changed to a new scientificname or common name accepted by the International Code ofZoological Nomenclature (ICZN), the International Plant Names
Index (IPNI), or other appropriate authority the reference inthis section shall be construed to refer to the new scientificname or common name, as appropriate. [Eff](Auth: HRS §194-7) (Imp: HRS §194-4)§13-326-2 Requirements for control or eradication on
private property. (a) A department or county seeking toconduct control or eradication actions on private property
pursuant to this chapter for an invasive species listed insection 13-326-1(b) shall:(1) Prior to conducting any such action, develop andsubmit to the council a detailed control or
eradication program that:(A) Is narrowly tailored to include only theneeded control or eradication of the target
invasive species, recognizing that generalvegetation removal, other removal or
modification of non-target species, andother habitat modification may be needed
for access to or control or eradication of
the target invasive species;(B) Identifies the specific geographic areas
where control or eradication actions will
be carried out and the reasons each area isselected, including that the target
invasive species is known or reasonably
suspected to be in each area, based on the326-3

§13-326-2
results of systematic surveys or reports or
proximity to known infestations of theinvasive species;(C) Includes a proposed schedule for theactions;(D) Describes the control or eradication methods
proposed to be used; and(E) Includes an assessment of the reasonablenessof the methods proposed; and(2) Provide regular updates, not less than annually,to the council on the control or eradication
actions carried out by the department or county.
(b) If two or more departments or counties intend tocarry out control or eradication actions pursuant to thischapter for the same invasive species, those departments
and counties shall ensure that all control or eradication
actions are carried out efficiently and in a manner that
does not result in unnecessary impacts to land owners, ortenants or occupants, if applicable.
(c) A department or county may enter into amemorandum of understanding with an agent of the department
or county that has appropriate expertise and experience tocarry out actions under this section or section 13-326-3 or
13-326-4. [Eff] (Auth: HRS §194-7)(Imp: HRS §§194-4, 194-5)§13-326-3 Notice. (a) The time period forreasonable notice to the owner, and tenant or occupant if
applicable, of private property that a department or county
intends to enter to control or eradicate an invasive
species pursuant to section 194-5, Hawaii Revised Statutes,
is the earlier of:(1) Thirty days after notice is given to the owner,
and the tenant or occupant if applicable; or(2) The date that the owner, and the tenant or
occupant if applicable, consents to the entry.
(b) If the owner, or the tenant or occupant if
applicable, of the private property does not consent to theentry by a department or a county within thirty days after
notice is given under subsection (a), the department or
county may seek a warrant under section 13-326-6 that
authorizes the entry for control or eradication actions.

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§13-326-3(c) Notwithstanding subsections (a) and (b), if adepartment or county determines that control or eradicationof an invasive species listed in section 13-326-1(b)requires an urgent response on private property and theconsent of the owner, or tenant or occupant if applicable,cannot be obtained immediately, the department or county
may seek a warrant under section 13-326-6 that authorizes
the entry onto the private property for emergency control
or eradication actions. [Eff] (Auth:HRS §194-7) (Imp: HRS §194-5)§13-326-4 Requirement for control or eradication byprivate property owner. (a) If a department or county
determines that an invasive species listed in section 13326-1(b) was intentionally and knowingly established on
private property by the property owner, the department orcounty may order the property owner to control or eradicate
the invasive species to the satisfaction of the department
or county.
(b) The time limit set by a department or county torequire an owner of private property to control or
eradicate an invasive species pursuant to section 194-5(c),Hawaii Revised Statutes, shall be not less than thirty days
and shall provide a reasonable amount of time for the ownerto obtain the necessary equipment, supplies, and personnel
to control or eradicate the invasive species.
(c) If the owner fails to comply with an order issued
under subsection (a), the applicable department or county
may after notice required by section 13-326-3 carry out theactions required by the order:(1) If the owner consents to the department or county
carrying out the actions; or(2) Pursuant to a warrant sought under section 13326-6.
(d) A department or county that carries out control
or eradication actions under subsection (c) may recover theexpenses incurred to carry out those actions by appropriate
proceeding. [Eff] (Auth: HRS §194-7) (Imp:HRS §194-5)

326-5

§13-326-5§13-326-5 Requirements for control or eradication on
public property. (a) If a department determines that aninvasive species listed in section 13-326-1(b) is found on
public property that is within a geographic area in which
the department or its agent is carrying out monitoring orcontrol or eradication actions for the invasive species,
the department may, after notice required by subsection(b), order the government entity in charge of the public
property to control or eradicate the invasive species tothe satisfaction of the department.
(b) The notice required by this subsection shall be
not less than thirty days and shall provide a reasonableamount of time for the government entity in charge of the
public property to obtain the necessary equipment,supplies, and personnel to control or eradicate theinvasive species.
(c) If the government entity in charge of the public
property fails to comply with an order issued undersubsection (a), the applicable department may carry out thecontrol or eradication actions required by the order:(1) If the government entity in charge of the public
property consents to the department carrying out
the actions; or(2) Pursuant to a warrant sought under section 13326-6.
(d) A department that carries out control oreradication actions under subsection (c) may recover theexpenses incurred to carry out those actions by appropriate
proceeding.
(e) Notwithstanding subsections (a) and (b), if adepartment determines that control or eradication of aninvasive species listed in section 13-326-1(b) requires anurgent response on public property and the consent of thegovernment entity in charge of the public property cannot
be obtained immediately, the department may seek a warrant
under section 13-326-6 that authorizes the entry onto thepublic property for emergency control or eradicationactions.
(f) A department may enter into a memorandum ofunderstanding with an agent of the department that has
appropriate expertise and experience to carry out actions
under this section. [Eff] (Auth: HRS§194-7) (Imp: HRS §194-6)

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§13-326-6§13-326-6 Warrants. A department or county seeking awarrant to control or eradicate an invasive species
pursuant to this chapter on private or public property
shall submit to the district court of the circuit in which
the property is situated an affidavit that:(1) Is made by an individual having knowledge of thefacts alleged; and(2) Establishes grounds for issuing the warrant.”[Eff] (Auth: HRS §194-7) (Imp: HRS§§194-5, 194-6)

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4. The adoption of subtitle 14 of title 13, containing
chapters 13-325 and 13-326, Hawaii Administrative Rules,
shall take effect ten days after filing with the Office of
the Lieutenant Governor.
I certify that the foregoing are copies of the rules
drafted in the Ramseyer format, pursuant to therequirements of section 91-4.1, Hawaii Revised Statutes,
where were adopted on [DATE], and filed with the Office of
the Lieutenant Governor.

______________________________
Dawn S. Chang
Co-Chairperson
Hawaii Invasive Species Council______________________________
Sharon Hurd
Co-ChairpersonHawaii Invasive Species Council

APPROVED AS TO FORM:/s/Danica L. Swenson___
Deputy Attorney General