68

- HAWAII ADMINISTRATIVE RULES

TITLE 4 DEPARTMENT OF AGRICULTURE

SUBTITLE 6 DIVISION OF PLANT INDUSTRY

CHAPTER 68

NOXIOUS WEED RULES

§4 -68 -1 Objectives §4 -68 -2 Definitions §4 -68 -3 Criteria for the designation of noxious

weeds for eradication or control projects by the department §4 -68 -4 Designation; criteria based on plant

reproduction §4 -68 -5 Criteria based on growth characteristics §4 -68 -6 Criteria based on de trimental effects §4 -68 -7 Criteria based on control §4 -68 -8 Criteria based on distribution and spread §4 -68 -9 Criteria for the designation of noxious

weeds for control projects by lessees as provided in pasture lease agreements of State lands §4 -68 -10 Procedure for the designation of noxious

weeds §4 -68 -11 Designation of an area declared relatively

free of a specific noxious weed §4 -68 -12 Forms of cooperative agreements §4 -68 -13 Form A cooperative agreement §4 -68 -14 Form B cooperative agreement §4 -68 -15 Form C cooperative agreement §4 -68 -16 Form D cooperative agreement §4 -68 -17 Procedures for initiating a cooperative

agreement §4 -68 -18 Eradication project §4 -68 -19 Control project

Historical Note : This chapter is based substantially upon Regulation NW 10 entitled "Noxious Weeds", division of plant industry, of the department of agriculture. [ Eff. 2 28/51, am 1/27/56, am 12/19/57, am 7/25/58, am 8/18/58, am 9/21/58, am 6/29/59, am 11/30/59, am 5/30/78, R 7/13/81]

§4 -68

- 1 Objectives . The objectives of this chapter are to implement the requirements of chapter68

-

152, Hawaii Revised Statutes, and to establish criteria for designation, control, or eradication of noxious weeds. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152

- 3, 152 -4, 152 -5, 152 -6)

§4 -68

- 2 Definitions . As used in this part: "Board" means the board of agriculture; "Chairman" means the chairman of the board of agriculture ; "Cooperative agreement" means an agreement between the department and the landowner and land occupier for the control or eradication of a noxious weed infestation; "Head " means the head of the division of plant industry, department of agriculture; and "Land occupier " means a person who occupies, resides on, or utilizes land or real estate of a landowner. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -2)

§4 -68

- 3 Criteria for the designation of noxious weeds for eradication or control projects by the department . Each plant species designated as a noxious weed for eradication and control projects by the department, shall meet all of the criteria in §4 -68 -4 through §4 -68 -8. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -4)

§4 -68

- 4 Designation; criteria based on plant reproduction . Reproductive characteristics of noxious weeds are: (1) A plant species that reproduces by seeds

capable of being dispersed over wide
areas; or (2) A plant species that reproduces by seeds capable of remaining dormant for two years or more; or (3) A plant species that reproduces by tubers, creeping roots, stolons, rhizomes, or other natural vegetative

means. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -4)68

- §4 -68

- 5 Criteria based on growth characteristics

. Growth characteristics of noxious weeds are: (1) A plant species that is capable of competing

with cultivated crops for nutrients, water or sunlight; or (2) A plant species that becomes established a nd

forms dense stands in pasture lands, forests, lawns, landscape gardens, and recretational areas and conservation districts and is capable of shading and crowding our forage plants, native plants, and other desirable plants. [ Eff. 7/13/81 ; am and comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -4)

§4 -68

- 6 Criteria based on detrimental effects

. Detrimental effects of noxious weeds are: (1) A plant species that is causing or has the

potential of causing severe production losses or increased control costs to the agricultural, horticultural, aquacultural, or livestock industries;

or (2) A plant species that is or has the potential

of endangering native flora and fauna by encroachment in forest and conservation areas; or (3) A plant s pecies that is or has the potential of hampering the full utilization and enjoyment of recreational areas including forest and conservation areas; or (4) A plant species that is poisonous, injurious, or otherwise harmful to humans or animals. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -4)

§4 -68

- 7 Criteria based on control . Control criteria of noxious weeds include: (1) A plant species that is not effectively

controlled by present day technology or by available herbicides currently registered for use pursuant to chapter 149A, Hawaii Revised Statutes; or (2) A plant species that is effectively

controlled only by extraordinary efforts such as repeated herbicidal applications at high dosage rates; or68

- (3) A plant species that is effectively controlled only by additional effort over and beyond the normal weed maintenance effort required for the production or management of certain crops and pasture lands, recreational areas, forest lands, or conservation

areas. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -6)

§4 -68

- 8 Criteria based on distribution and spread . Distribution and spread criteria of noxious weeds are: (1) A plant species that is not kno wn to occur

in one or more islands of the State; or (2) A plant species that is known to occur only

in incipient stages on less than five acres on one or more islands of the State; or (3) A plant species that is known to occur on

more than five acres but only in isolated or limited areas on one or more islands of the State. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -5)

§4 -68

- 9 Criteria for the designation of noxious weeds for control projects by lessees as provided in pasture lease agreement of State lands . Each plant species designated as a noxious weed for control projects by lessees as provided in a pasture lease agreement of State lands shall meet the criteria of §4 -68 -3 . [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -4, 152 -6)

§4 -68

- 10 Procedure for the designation of noxious weeds . (a) The head shall direct a continuous program of study and evaluation of potential noxious weed species. (b ) Study and evaluation of a specific plant species may be initiated by the head or upon request by other governmental agencies or private organizations. (c ) When sufficient data have been accumulated on a plant species, the head may submit to the board a request for designation of the plant species as a noxious weed, pursuant to rule adoption.68

- (d ) The plant species shall meet the criteria for designation as a noxious weed as provided in §4 -68 -3. (e ) The list of plant species designated as noxious weeds, adopted by the board on June 18, 1992, and located at the end of this chapter is made a part of this section. (f ) A plant species shall be designated as a noxious weed for an eradication or control project by the department or for a control project by lessees as provided in State pasture lease agreements upon approval by the board. (g ) When the head determines that a plant species officially designated as a noxious weed no longer meets the criteria for the designation of noxious weed, the head may submit to the board a request for aproval to rescind the official designation for that plant species, pursuant to rule adoption. The request shall include a report with reasons to justify the

re -designation. (h ) The official designation of a plant species as a noxious weed shall be rescinded upon approval by the board. [ Eff. 7/13/81 ; am and comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -4)

§4 -68

- 11 Designation of an area declared free or relatively free of a specific noxious weed . (a ) The head may ecommend to the board the designation of a certain locality, an island, a group of islands, or the entire State as being free or relatively free of a specific noxious weed when the head determines that: (1) Infestation of the specific noxious weed is

not known to occur in the area being considered; or (2) Infestation of the specific noxious weed is known to occur in the area being considered only in an incipient stage that could be easily eradicated. (b ) The head may defer the recommendation for the designation of an area declared free or relatively free of a specific noxious weed pursuant to §4 -68 -11(a) when it is determined that:

(1) The specific noxious weed is commercially cultivated as a crop for food, feed, or ornamental purposes; and (2) The like lihood of the specific noxious weed manifesting its detrimental effects in the68

- specific area would be remote or nil because of geographic barriers or ecological conditions. (c ) A locality, an island, a group of islands or the entire State shall be designated relatively free of a specific noxious weed upon approval of the board. [ Eff. 7/13/81 ; am and comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -5)

§4 -68

- 12 Forms of cooperative agreements . There shall be four forms of cooperative agreements as set forth in §4 -68 -13 to §4 -68 -16, for the purpose of initiating noxious weed control or eradication projects. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -6)

§4 -68

- 13 Form A cooperative agreement . This agreement shall include but not be limited to the following provisions: (1) The department shall provide necessary

chemical herbicides, oil carriers, and surfactants ; (2) The department shall provide consultative, instructional, and supervisory services and shall coordinate the project ; (3) The landowner or land occupier shall permit authorized personnel of the department to enter the infestation

area ; (4) The landowner or land occupier shall provide, for the purpose of herbicidal application, appropriate equipment and adequate personnel at a specified time after being given reasonable notice by the department; and (5) If the landowner or land occupier fails to provide the necessary personnel and equipment pursuant to the agreement after being given adequate notice in writing, the department shall provide necessary personnel by contracting other persons or firms and the landowner or land occupier shall be billed for these services by the department. [ Eff. 7/13/81 ; am and comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -6)68

- §4 -68

- 14 Form B cooperative agreement . This agreement shall include, but not be limited to, the following provisions:

(1) The department shall provide appropriate equipment, and adequate personel for the purpose of herbicidal applications ; (2) The department shall provide consultative services and shall coordinate the project ; (3) The landowner or land occuper shall permit authorized personnel of the department to enter the infestation

area ; (4) The la ndowner of land occupier shall provide necessary chemical herbicides, oil carriers, and surfactants at a specified date after being given reasonable notice by the department; and (5) If the landowner or land occupier fails to provide the neccessary chemical herbicides, oil carriers, and surfactants pursuant to the agreement after being given adequate notice in writing, the department shall bill the landowner or land occupier for the cost of the chemical herbicides, oil carriers and surfactants used for the project by the department. [ Eff. 7/13/81 ; am and comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -6)

§4 -68

- 15 Form C coperative agreement . This agreement shall include, but not be limited to, the following provisions:

(1) The department an d the landowner or land occupier shall jointly provide on a cost -sharing or pro -rata basis, necessary chemical herbicides, oil carriers, surfactants, equipment, and personel for the project; (2) The department shall provide consultative services and shall coordinate the project ; (3) The landowner or land occupier shall permit authorized personel of the department to enter the infestation area; and68

- (4) If the landowner or land occupier fails to provide a share of any of the items mutually agreed upon pursuant to the agreement after being given adequate notice in writing, the department shall bill the landowner or land occupier for the actual cost of the items. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -6)

§4 -68

- 16 Form D cooperative agreement . This agreement shall include, but not be limited to, the following provisions:

(1) The department shall provide necessary chemical herbicides, oil carriers, surfactants, equipment and personnel for the project; (2) The depart ment shall provide consultative services and shall coordinate the project; and (3) The landowner or land occupier shall permit authorized personnel of the department to enter the infestation

area. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §152 -6)

§4 -68

- 17 Procedures for initiating a cooperative agreement . (a ) For a cooperative noxious weed control or eradication project, the department shall initiate either a form A, form B, or form C cooperative agreement provided, however, that the department may initiate a form D cooperative agreement with a landowner or land occupier who shall not benefit materialy or financially by the noxious weed control or eradication project. (b ) A form D cooperative agreement may also be initiated when authorized and funded by specific legislation. (c) The agreement shall take effect after both parties mutually agree to abide by the provisions of the agreement and after indicating their mutual agrement by the signature of the chairman and the landowner or land occupier authorized by the landowner. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -6)68

- §4 -68

- 18 Eradication project . A noxious weed eradication project shall be limited to incipient noxious weed infestations located on an island or portion of an island designated by the department as relatively free of that species. A project shall be initiated by cooperative agreement. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2 , 152 -6)

§4 -68

- 19 Control project . (a ) Noxious weed control projects may be initiated upon widespread established noxious weed infestations and shall be limited to infestations on land used for or zones for agriculture, horticulture, aquaculture, livestock production, forestry, recreational areas, or conservation districts and to the periphery of the land. (b ) Control projects shall be initiated by cooperative agreement only after the department receives written assurance that the landowner or land occupier shall maintain, for a period of not less than five years, the level of noxious weed control attained at the termination of the project. (c ) The control project shall be terminated upon determination by the head that the noxious weed infestation has been brought under control, or may be terminated with good cause upon mutual agreement by both parties. [ Eff. 7/13/81 ; comp ] ( Auth: HRS §152 -2) (Imp: HRS §§152 -2, 152 -6)68

- List of Plant Species Designated as Noxious Weeds for Eradication or Control Purposes by the Hawaii Department of Agriculture

June 18, 1992

Islands Free or Scientific Name Common Name Relatively Free

Acacia mearnsii black wattle Molokai

Acaena novae

- zelandiae New Zealand All islands bur, piripiri

Acroptilon repens Russian All islands knapweed

Aeschynomene indica Kat sola, All islands Indian jointvetch

Ageratina adenophora croftonweed, Hawaii, Kauai Maui pamakani

Ageratina riparia creeping Kauai croftonweed, Hamakua pamakani

Allium vineale wild garlic All islands

Andropogon bicornis West Indian Maui, Lanai, foxtail Molokai, Oahu,

Kauai

Andropogon virginicus broomsedge Molokai, Lanai, Oahu, Kauai

Anredera cordifolia Madeira vine Maui

Ardisia elliptica shoebutton Maui, Molokai, ardisia Lanai, Oahu,

Kauai

Bocconia frutescens plume poppy All islands

Cardaria pubescens hairy whitetop All islands68

- Islands Free or Scientific Name Common Name Relatively Free

Cereus uruguayanus spiny tree All islands cactus, Peruvian apple

Chromolaena odorata siamweed, All islands bitterbush

Cirsium arvense Canada thistle All islands

Clidemia hirta var. Koster's Kauai, Lanai hirta curse,
curse

Coccinia grandis ivy gourd Hawaii, Maui, Molokai, Lanai, Kauai

Convolvulus arvensis field bindweed All islands

Cortaderia jubata All islands

Cymbopogon refractus barbwire grass Lanai, Oahu

Cyperus esculentus yellow Maui, Oahu, nutsedge Lanai, Kauai,

Molokai

Cytisus monspessulanus French broom All islands

Cytisus scoparius Scotch broom All islands

Dichrostachys nutans marabu All islands

Elephantopus mollis elephantopus, Maui, Oahu, elephant's Lanai foot

Elytrigia repens quackgrass All islands

Emex spinosa spiny emex Lanai, Kauai

Eriocereus martinii moon cactus All islands

Euphorbia esula leafy spurge All islands

Grevillea banksii kahiliflower, Lanai, Maui, Bank's Molokai grevillea68

- Islands Free or Scientific Name Common Name Relatively Free

Halogeton glomeratus halogeton All islands

Hyptis pectinata comb hyptis Kauai, Molokai, Lanai, Oahu

Hyptis suaveolens wild spikenard All islands

Imperata cylindrica cogon All islands

Lagascea mollis acuate All islands

Lepidium latifolium perennial All islands pepperweed

Malachra alceifolia malachra All islands

Medinilla venosa Hawaii, Lanai, Molokai, Oahu, Kauai

Melastoma spp

. melastoma All islands

Miconia spp

. miconia All islands

Mikania micanthra mile -a -minute All islands

Mikania scandens climbing All islands hempweed

Mimosa invisa giant All islands sensitiveplant

Mimosa pigra thorny All islands sensitiveplant

Miscanthus floridulus miscanthus, All islands Japanese silvergrass

Montanoa hibiscifolia tree daisy Maui

Myrica faya firetree, Maui, Lanai, candleberry Molokai, Oahu myrtle

Oxyspora paniculata Maui, Molokai, Lanai, Kauai68

- Islands Free or Scientific Name Common Name Relatively Free

Panicum repens torpedograss Maui, Molokai, Lanai, Oahu, Kauai

Passiflora mollissima banana Maui, Molokai, passionfruit, Lanai, Oahu, banana poka

Passiflora pulchella wingleaf All islands passionfruit

Pennisetum setaceum fountaingrass Maui, Molokai, Lanai, Oahu, Kauai

Piper aduncum spiked pepper All islands

Pittosporum undulatum Victorian box Maui, Oahu, Lanai, Kauai, Molokai

Prosopis juliflora All islands

Pueraria phaseoloides tropical kudzu All islands

Rhodomyrtus tomentosa downy Maui, Molokai, rosemyrtle Lanai, Oahu

Rubus argutus prickly Lanai, Molokai Florida blackberry

Rubus ellipticus yellow Maui, Molokai,

var. obcordatus Himalayan Lanai, Oahu, raspberry Kauai

Rubus niveus hill raspberry Molokai, Lanai, Oahu, Kauai

Rubus sieboldii Molucca All islands raspberry

Salsola kali Russian All islands thistle

Senecio fireweed All islands madagascariensis68

- Islands Free or Scientific Name Common Name Relatively Free

Solanum carolinense horsenettle All islands

Solanum silverleaf All islands elaeagnifolium nightshade

Solanum robustum All islands

Solanum torvum turkeyberry, All islands terongan

Sonchus arvensis perennial All islands sowthistle

Spartium junceum Spanish broom All islands

Stipa trichotoma nasella All islands tussock

Striga spp

. witchweeds All islands

Themeda villosa Lyon's grass Maui, Molokai, Lanai, Oahu, Kauai

Tibouchina spp. tibouchina Maui, Molokai, Lanai, Oahu, Kauai

Triumfetta rhomboidea paroquet bur Kauai, Maui

Triumfetta Sacramento bur Lanai, Oahu, semitriloba Molokai, Kauai

Ulex europaeus gorse Hawaii, Oahu, Lanai, Kauai, Molokai, Maui

Urena lobata caesarweed Hawaii , Maui, Molokai, Lanai, Kauai

Verbascum thapsus mullein Maui, Molokai, Lanai, Oahu, Kauai