I 
109TH CONGRESS 
1ST SESSION H. R. 3468
To recognize the unique ecosystems of the Hawaiian islands and the threat 
to these ecosystems posed by non-native plants, animals, and plant and 
animal diseases, to require the Secretary of Agriculture and the Secretary 
of the Interior to expand Federal efforts to prevent the introduction 
in Hawaii of non-native plants, animals, and plant and animal diseases, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005
Mr. CASE introduced the following bill; which was referred to the Committee 
on Resources, and in addition to the Committee on Agriculture, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To recognize the unique ecosystems of the Hawaiian islands 
and the threat to these ecosystems posed by non-native 
plants, animals, and plant and animal diseases, to re-
quire the Secretary of Agriculture and the Secretary 
of the Interior to expand Federal efforts to prevent the 
introduction in Hawaii of non-native plants, animals, and 
plant and animal diseases, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hawaii Invasive Spe-
cies Prevention Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The uniqueness of the Hawaiian islands lies 
in part due to their isolation from continental 
landmasses, their great topographic and climatic di-
versity, and the intervals between natural coloniza-
tion (colonization without human assistance) of the 
Hawaiian islands by new plant or animal species, 
which have been on the order of thousands of years. 
(2) The resulting evolution in isolation over 
time has often led to the generation of species en-
tirely unique to particular islands and found no-
where else, and such isolation also often meant the 
absence of natural predatory or competitive species. 
(3) The natural geographic isolation of the Ha-
waiian islands is no match for the advancement of 
human activities, including transportation and global 
commerce, and native biota and ecosystems are 
being overwhelmed by the introduction and estab-
lishment of non-native plant and animal species and 
plant and animal diseases associated with such spe-
cies.
(4) More than 5,000 species of non-native 
plants and animals have become established in the 
Hawaiian islands in the past 200 years, which rep-
resents a rate of successful colonization of new spe-
cies every 18 days. 
(5) Although not all new species introductions 
alter ecosystem function and structure, damage agri-
culture, or cause human health or other safety haz-
ards, the introduction of invasive species to the Ha-
waiian islands has resulted in the extinction of na-
tive species, the destruction of native forests, and 
the spread of disease and costs the State of Hawaii 
millions of dollars in crop losses. 
(6) For example, Miconia calvescens, an aggres-
sive weedy tree from South America, has established 
itself in Hawaii and threatens Hawaii’s tropical for-
ests and the watersheds those forests support, and 
the resulting decreased water infiltration in just two 
of Hawaii’s priority watersheds could amount to ad-
ditional water costs of $13 million annually. 
(7) Just one new invasive species, such as the 
the brown tree snake, could change the very char-
acter of the Hawaiian islands. In addition to its dev-
astating impacts on fragile native bird populations, 
the venomous brown tree snake poses a public health
risk because it bites people and pets, threatens poul-
try farms because it feeds on chickens and eggs, and 
presents the risk of dangerous and costly power out-
ages because it climbs electrical lines causing short 
circuits in power supply. 
(8) Although Congress responded to the danger 
of the brown tree snake by enacting the Brown Tree 
Snake Control and Eradication Act of 2004 (Public 
Law 108–384; 7 U.S.C. 8501 et seq.), many more 
invasive species, including fire ants and West Nile 
Virus, threaten to invade Hawaii and cause further 
environmental and economic damage. 
(9) The current Federal statutory and regu-
latory regime is not sufficient to minimize the intro-
duction of invasive species into Hawaii and the envi-
ronmental, economic, and social harm that would re-
sult from the introduction of additional invasive spe-
cies. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DISEASE.—The term ‘‘disease’’ means any 
living stage of a bacterium, a fungus, a virus or 
viroid, an infectious agent or other pathogen, or any 
other article similar to or allied with any of these 
specified articles, that can directly or indirectly
cause economic or environmental harm or harm to 
human health. 
(2) INTRODUCTION.—The terms ‘‘introduce’’ 
and ‘‘introduction’’ refer to the intentional or unin-
tentional dissemination, placement, release, or es-
cape of a species as a result of human activity out-
side of the range where the species is commonly 
found. 
(3) INVASIVE
SPECIES.—The term ‘‘invasive 
species’’ means any species, including its seeds, eggs, 
spores, or other biological material capable of propa-
gating that species, whose introduction does or is 
likely to cause economic or environmental harm or 
harm to human health. 
(4) SECRETARY.—The term ‘‘Secretary con-
cerned’’ means—
(A) the Secretary of the Interior, with re-
spect to matters under the jurisdiction of the 
Department of the Interior; and 
(B) the Secretary of Agriculture, with re-
spect to matters under the jurisdiction of the 
Department of Agriculture. 
(5) SECRETARIES.—The term ‘‘Secretaries’’ 
means both the Secretary of the Interior and the 
Secretary of Agriculture.
(6) SPECIES.—The term ‘‘species’’ means a 
group of organisms all of which have a high degree 
of 
physical 
and 
genetic 
similarity, 
generally 
interbreed only among themselves, and show per-
sistent differences from members of allied groups of 
organisms. 
SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OB-
LIGATIONS RELATED TO PREVENTING THE 
INTRODUCTION OF INVASIVE SPECIES IN HA-
WAII. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that there exists a need for improved and better co-
ordinated control, interdiction, and eradication of invasive 
species and diseases on the part of the United States and 
other interested parties to prevent the introduction or 
spread of invasive species or diseases in Hawaii. 
(b) UNITED STATES POLICY.—It is the policy of the 
United States to fund and support coordinated and con-
certed programs and activities to control, interdict, and 
prevent the introduction or spread of invasive species and 
diseases in Hawaii. 
(c) PREVENTING INTRODUCTION.—Notwithstanding 
any other provision of law, to the extent practicable, no 
Federal agency may authorize, fund, or carry out any ac-
tion that would likely cause or promote the introduction
or spread of invasive species and diseases in Hawaii. All 
Federal agencies shall consider invasive species and dis-
ease issues, to the extent possible, when planning any ac-
tivity that may cause the accidental introduction of 
invasive species and diseases in Hawaii. 
SEC. 5. LEGAL MECHANISMS TO CONTROL THE INTRODUC-
TION AND SPREAD OF INVASIVE SPECIES OR 
DISEASES IN HAWAII. 
(a) IMPOSITION OF QUARANTINE.—Using the au-
thorities available to the Secretary concerned under sec-
tion 412 of the Plant Protection Act (7 U.S.C. 7712), sec-
tion 10406 of the Animal Health Protection Act (7 U.S.C. 
8305), section 42 of title 18, United States Code, section 
3015 of title 39, United States Code, the Alien Species 
Prevention and Enforcement Act of 1992 (section 631 of 
Public Law 102–393; 39 U.S.C. 3015 note), section 3 of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3372), 
and the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4702 et seq.), the Secre-
taries shall impose a quarantine on the State of Hawaii 
to prevent the introduction of invasive species and diseases 
in Hawaii. 
(b) ESTABLISHMENT OF SYSTEM OF QUARANTINE 
PROTOCOLS.—
(1) RULEMAKING.—Not later than two years 
after the date of the enactment of this Act, the Sec-
retaries shall issue rules regarding the establishment 
of a system of post-arrival quarantine protocols for 
all persons, baggage, cargo, containers, packing ma-
terials, and other items travelling or being shipped 
to Hawaii from domestic and foreign locations. 
(2) FUNDING SOURCE FOR REGULATIONS.—The 
Secretaries shall use funds otherwise available for 
the operation of the Department of Agriculture and 
the Department of the Interior to issue the rules re-
quired by paragraph (1). 
(3) CONDITIONS
ON
IMPLEMENTATION
OF 
QUARANTINE PROTOCOLS.—The system of post-ar-
rival quarantine protocols established by rulemaking 
pursuant to paragraph (1) shall be operated at Fed-
eral expense and, as a result, may not be imple-
mented until—
(A) funds are specifically appropriated for 
the implementation of the system; or 
(B) a means of financing the system is 
specifically designated. 
(c) USE OF FEDERAL OFFICIALS TO ASSIST STATE 
AND LOCAL EFFORTS.—Federal quarantine, natural re-
source, conservation, and law enforcement officers and in-
spectors may enforce State and local laws of Hawaii re-
garding the importation, possession, or introduction of 
invasive species or diseases. 
(d) COOPERATION.—The activities described in this 
section shall be carried out in cooperation with the Sec-
retary of Homeland Security, the Secretary of Commerce, 
the Secretary of the Treasury, the government of Hawaii, 
and each of their respective quarantine, natural resource, 
conservation, and law enforcement agencies and officers, 
as appropriate. 
(e) ADDITIONAL STATE AND LOCAL EFFORTS.—
(1) EXPEDITED CONSIDERATION OF STATE AND 
LOCAL CONTROL PROPOSALS.—Not later than two 
years after the date of the enactment of this Act, the 
Secretaries shall establish an expedited process for 
the State of Hawaii and its political subdivisions to 
seek the approval of the Secretaries to impose gen-
eral or specific prohibitions or restrictions upon the 
introduction or movement of invasive species or dis-
eases from domestic or foreign locations to Hawaii 
that are in addition to any prohibitions or restric-
tions imposed by the Secretaries. 
(2) RESPONSE TO EMERGENCY THREATS.—In 
the event of an emergency or imminent threat from 
an invasive species or disease, the State of Hawaii
may impose, for not longer than two years pending 
approval by the Secretaries under paragraph (1), 
general or specific prohibitions or restrictions upon 
the introduction or movement of that invasive spe-
cies or disease that are in addition to the prohibi-
tions or restrictions imposed by the Secretaries. 
(3) FUNDING SOURCE.—The Secretaries shall 
use funds otherwise available for the operation of 
the Department of Agriculture and the Department 
of the Interior to carry out this subsection. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary concerned to carry out this Act for fiscal years 2007 
through 2011 such sums as may be necessary.
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