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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 detrimental 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 chapter
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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)
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§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 and

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 species 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; or
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(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 known 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.
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(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 likelihood of the specific noxious

weed manifesting its detrimental

effects in the
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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)
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§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 landowner 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 and 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; and
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(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 department 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)
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§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)
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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 islands
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 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

 grevillea
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 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, Kauai
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 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

 madagascariensis
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 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