Agenda Item # 6: Submittal Related to the HISC
Administrative Rules
Hawaiʻi Invasive Species Council meeting
Wednesday, May 29, 2024; 1:00 pm
Presented by: Chelsea Arnott
Program Manager, HISC Program Support
Stephanie Easley, CGAPS Legal Fellow

Submittal Outline• Overview of Hawaii Revised Statute (HRS) 194• Background• Discussion and Analysis• Need• List of Species• Summary of the Rules• Council Recommendations

Overview of HRS 194•

194-2 - Establishes the Council and duties:•Provides “policy level direction, coordination, and planning among statedepartments, federal agencies, and international and local initiatives for thecontrol and eradication of harmful invasive species infestations throughout
the State and for preventing the introduction of other invasive species that
may be potentially harmful.”

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194-3 – Lead agencies; accountability
194-4 – Relation to other laws
196-5 – Entry to Private Property*
194-6 – Entry to Public Property*
194-7 – Ability to adopt rules* Draft Administrative rules address these sections and will be discussed in more detailBackground•2002 LRB study identifying the need to address a number of gaps in invasive
species management statewide.

•2003 HISC is established by Act 85 set out in HRS 194. At its first meeting, three
existing lists of invasive species were adopted by HISC as its initial list of invasive
species. There was an attempt to create a method to update those lists, butnothing was produced.

•

2011 HISC approved Resolution 11-1 which directed HISC staff to draft admin
rules.

•2011-2015 HISC staff worked to draft administrative rules.

•2015 HISC approved a motion for HISC staff to seek legislative amendments toHRS 194 that would allow the Council to update its list of invasive species without
going through full rulemaking. No such legislation have been enacted.

•

2021 HISC staff began working with the CGAPS legal fellow on drafting admin rules•2022 till present HISC staff worked with DLNR AGs on drafted rules•2024 submittal for initiating rulemaking for the HISC Admin rules presented to HISC

Disucssion and Analysis● Process.
● HRS 194-7 provides HISC authority to adopt administrative rules pursuant
to Chapter 91.

● Any future amendments to the rules including updates to the list ofinvasive species would need to be done using the Ch. 91 process.

● This submittal, and requested approvals from HISC, are the first formal stepin the rulemaking pursuant to Chapter 91.

Discussion and Analysis● Need.
● HISC does not have any rules to carry out Chapter 194 HRS. Until rules areadopted, HISC cannot carryout their statutory authorities● Creates authorities intended for the HISC departments, the counties, and theiragents to carry out control or eradication actions on private property if aninvasive species identified by the HISC:

1) Found on the private property; or
2) Reasonably suspected to be on private property, based on results of systematic surveys orreports or proximity to known populations.

• HISC Departments and their agents to order the control and eradication ofof invasive species on public property.

The Need…
Miconia (Miconia calvescens)• Considered highly invasive• Listed as a State Noxious Weed and DOFAW declared it as
the one of Hawaii’s Most Invasive Horticultural Plants.
• Native to South and Central America and was introduced toHawai‘i as a garden plant in 1961 and spread around by plantenthusiasts.
• Prolific seeder (up to 9 million seeds each year) and its tiny
seeds can remain viable in the soil for 18 years• Fast growing and large leaves can take over entire forests• Miconia poses a great threat to the integrity of O‘ahu’s
forested watershed.

Photos from OISC

The Need…
O’ahu Invasive Species Committee; Project of the University ofHawaiʻi Pacific Cooperative Studies Unit•

Miconia is OISC’s main target species.

•OISC surveys the island, both by ground and air, to locate and remove
miconia plants before they mature.
•This includes survey and control on private properties throughvoluntary permission•

If a property owner does not consent to access that could set
back control efforts by 18+ years if a miconia tree matures•

HDOA cannot control a listed noxious weed without contribution fromthe landowner/occupier unless the owner/occupier "will not benefit
materially or financially by the control or eradication of the noxiousweed." §152-6 HRS For this and other reasons, HDOA has not beenable to control or eradicate this miconia population.
Figures from OISC

List of Invasive Species
PlantsCenchrus setaceus(formerly Pennisetum setaceum)
Fountain Grass

Pennisetum villosum
Feather top fountain Grass;Longstyle feather grass

Chromolaena ordorata
devil weed, Siam weed

Senecio madagascariensis
fireweed

Cortaderia jubata, Cortaderia selloana
pampas grass

Tibouchina– all species in the genus
Tibouchina, glory bushMiconia– all species in the genus
miconia

List of Invasive Species
Invertebrates

Aedes aegypti, Aedes scutellarisMosquito

Propillia japonica
Japanese Beetle

Apis mellifera
Africanized honeybee –correction to submittal

Anopheles – all species in genus
Western malaria mosquito

Oryctes rhinoceros
Coconut Rhinoceros Beetle

Prosapia bicincta
Two-lined spittlebug

Solenopsis invicta
Red Imported Fire Ant

Wasmannia auropunctata
Little Fire Ant

List of Invasive Species
Vertebrates

Eleutherodactylus coqui
Coqui frog

Pathogens / Diseases

Ceratocystis huliohia, Ceratocystis lukuohia
Rapid ʻŌhiʻa DeathSummary of Proposed Rules● Section 326-1 “Invasive species identified by the council forcontrol and eradication”● List of 20 invasive species taxa
● Justification of listing of these species is included in the “Discussion andAnalysis” section● Carries out statutory requirement that control or eradication actions on private
property may only be carried out for “invasive species identified by the [HISC]
for control or eradication”.

Summary of Proposed Rules● Section 326-2 “Requirements for control or eradication on
private property”● HISC department, county, or agent to control or eradicate an identified
invasive species on private property● Must submit a detailed control or eradication program to the HISC
● Provide updates on control or eradication to the HISC
● Ability to enter into MOU with qualified agentsSummary of Proposed Rules● Section 326-3 “Notice”● HISC department, county, or agent must provide notice to a land owner, ortenant or occupant if applicable, before conducting any action to control oreradicate an identified invasive species on private property.

● If the land owner/tenant/occupant does not consent within 30 days after notice
is given, the control or eradication action may be carried out pursuant to awarrant.

● There is a procedure to waive the 30 day notice if an urgent response isneeded on the private property and owner/tenant/occupant consent cannot be
immediately obtained. In that case, a warrant will have to be obtained for thecontrol or eradication action.

Summary of Proposed Rules● Section 326-4 “Requirement for control or eradication by
private property owner” – authorizes a HISC department or
county, or their agent to order a private property owner to control oreradicate an identified invasive species if the department or countyor their agent determines the identified species was “intentionallyand knowingly” established on private property by the property
owner.

Summary of Proposed Rules● Section 326-5 “Requirements for control or eradication on publicproperty” – HISC department or its agent to order an entity in charge of theState or county property to control or eradicate an identified species on thepublic property, after notice, if the public property is within a geographic areain which the department or its agent is carrying out monitoring or control oreradication actions for that identified species.

● There is a procedure to waive the notice if an urgent response is needed onpublic property and consent cannot be immediately obtained. In that case, awarrant will have to be obtained for the control or eradication action.

Summary of Proposed Rules● Section 326-6 “Warrants” – sets requirements for a HISC
department or county to seek a warrant to carry out a control or
eradication action on private and public property without the consentof the property owner/tenant/occupier, or entity in charge, asappropriate.

Submittal Recommendations
That the Hawaii Invasive Species Council (HISC):
1. Approve the proposed adoption of HAR Chapters 13-325, “GeneralProvisions” and 13-326, “Control and Eradication of Invasive Species,” forstatewide public hearing(s), attached hereto as Exhibit 1;
and
2. Delegate authority to the Chairperson of the Department of Land andNatural Resources to set dates and times for the aforementioned public
hearing(s) and appoint a hearing officer for the public hearing(s).

Questions
Chelsea Arnott
Stephanie Easley

HISC Program Supervisor Chelsea.l.arnott@Hawaii.gov
CGAPS legal fellow pseasley@hawaii.edu