2551 Waimano Home Road Pearl City, Hawaii 96782 Ph: (808) 453-6112 Fax: (808) 453-6113 www.oahuisc.org October 29, 2010

Susan L. Kurland Assistant Secretary for Aviation and International Affairs U.S. Department of Transportation Office of the Secretary Washington, DC

RE: Hawai‘i Inspection Fee Pr oceeding, Docket: DOT OST-2010-0243

Dear Secretary Kurland:

The O‘ahu Invasive Species Committee (OIS C) is a partnership of public agencies committed to protecting the island of O‘ahu from invasive species. We fully support Hawai‘i’s Act 173—a sensible law that protect s our state from invasive species. We hope the U.S. Department of Transportation will recognize that the cargo fee established by Act 173 is not meant to be a tax, rather it funds invasive species inspections—a service meant to mitigate the risk presented by the ai rlines every time cargo is unloaded at an airport.

The Airline Transportation Association (ATA) is incorrect in stating that inspections by the State of Hawai‘i Department of Agricu lture (HDOA) duplicate those of the United States Department of Agriculture Animal a nd Plant Health Inspection Service (APHIS). They do not. APHIS does not inspect cargo fr om the U.S. mainland. Many invasive species that are common on the U.S. mainla nd have not yet entered Hawai‘i. If these pests arrive and establish, th ey could devastate Hawaii’s eco systems and agriculture. The only entity that will stop pests from the U.S. mainland from entering Hawai‘i is the Hawai‘i Department of Agriculture’s inspectors.

For example, a major portion of the cut flow ers that are imported into the State of

Hawai‘i are from South and Central America and may be infested with a rust disease

called Puccinia psidii that attacks plants in the myr tle family. The dominant tree of

Hawaii’s forests—‘ Ō hia ( Metrosideros polymorpha) —is also a member of the myrtle family. ‘ Ō hia covers one million acres of forests in Hawai‘i, provides essential watershed functions and provides food and habitat for Hawaii’s endangered birds. Losing this species will mean losing Hawaiian forests forever.A strain of this myrtle rust has already entered Hawai‘i and luckily ‘ Ō hia does not seem susceptible to it. However, other strains ha ve been found in South and Central America. If a strain of myrtle rust that causes death in ‘ Ō hia is introduced to Hawai‘i, we will lose our forests. There is no treatment for myrtle rust disease, the only way to ensure ‘ Ō hia will be around for our children to enjoy is to prevent new strains from coming into the

state.

Cut flowers from Central and South America ar e the highest-risk pathway for myrtle rust

disease. Cut flowers from overs eas destined for Hawai‘i are inspected for the disease, but

flowers destined for other states are not. Flow ers shipped in bulk to Florida, repackaged and then shipped to Hawai‘i are not inspected fo r myrtle rust disease in Florida. The only line of defense against myrtle rust disease entering Hawai‘i are inspections conducted by

HDOA.

Plants and animals that are illegal to import in to Hawai‘i because of the threat they post are most likely to arrive by air cargo because they are live animals and would not survive a journey by sea. Illegal in troductions of species such as snakes, piranhas and aquatic plants are more likely because air cargo se rvices are available. State inspectors are absolutely necessary to protect Hawai‘i from these threats.

Airlines provide a service to Hawai‘i, but th ey also bring great economic risk every time cargo is unloaded. It is hide ously expensive to eradicate i nvasive species. Even when infestations are caught early, eradications can cost several million dollars. OISC is currently attempting to eradicat e a tree that threatens the wate rshed functions of O‘ahu. It costs approximately $350,000 a year and will likely take several more decades. Infestations of certain species can shut down entire industries, as when the Light Brown Apple Moth caused the closure of plant nurse ries on O‘ahu. Inspections offer a low-cost alternative to these expensive consequences.

If invasive species are not caught early enough, they establis h and must be continually controlled adding a cost that citizens must pay forever. The economic burden to small

business owners and to Hawai‘i citizens of cont rolling and living with invasive species is much greater than what is be ing asked of the airlines.

We also disagree with ATA’s assertion that the cargo fee is a tax or fee on the “sale of air transportation” as prohibited by the Anti Head Tax Act. We believe the Act allows for such fees under § 40116 (e) that allows states to levy and collect “reasonable rental charges, landing fees, and other service char ges from aircraft operators for using airport facilities of an airport owned or operated by that State or su bdivision” (49 U.S.C. § 40116 (e)). Inspections for pests that threaten the ag riculture, natural res ources and public health

of the State of Hawai‘i are a service that keep Hawai‘i a desirable tourist destination and protect Hawai‘i citizens fr om the consequences of unwanted introductions.There is precedent for recognizi ng that air traffic is inexorab ly linked to invasive species. Mitigation for the airport expansion on Ma ui several years ago involved funding for HDOA inspectors to ensure the increased air tr affic would not harm Maui’s environment.

The cargo fee is not an unreasonable tax or fee, it is a charge for the service of inspecting cargo for plant pests that could ruin crops, bitin g insects that threaten public health, forest pests that can irrevocably damage Hawai‘i’ s water supply and pest s that push federallylisted endangered species to extinction. Thes e inspections are a se rvice, provided by the state of Hawai‘i, that ensures air co mmerce can continue to flow freely.

Sincerely,

Rachel Neville Operations Manager O‘ahu Invasive Species Committee