Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-13 - Quarantine restrictions on ohia and soil from rapid ohia death infested areas

Current through June, 2024
(a) The board has
				determined that the disease called ohia wilt (also known as rapid ohia death)
				presents a serious danger to ohia (Metrosideros), the ohia forests of Hawaii,
				and horticultural and agricultural industries.
(b) Transportation of soil and ohia
				(Metrosideros, all species in genus) plants, plant parts, including flowers,
				leaves, seeds, stems, twigs, cuttings, mulch, greenwaste, frass, wood, logs,
				and posts is prohibited from a rapid ohia death infested area to a rapid ohia
				death restricted area except as allowed by permit pursuant to subsection (c),
				or as otherwise provided herein.
(c) A permit may be issued by the chief for
				the transportation of a material or commodity listed in subsection (b), subject
				to laboratory analysis or other science-based method approved by the chief, as
				appropriate, to determine whether the material or commodity is free of the
				fungus, Ceratocystis fimbriata, the causal agent of ohia wilt disease, and
				subject to appropriate conditions established by the chief.
(d) Material or a commodity listed in
				subsection (b) that tests positive for Ceratocystis fimbriata, other than
				material or a commodity for research or diagnostic purposes, shall not be
				shipped from a rapid ohia death infested area to a rapid ohia death restricted
				area, nor shall any material or commodity in the same lot for shipment be
				shipped, unless an effective treatment to destroy Ceratocystis fimbriata is
				available, is approved by the chief, and the shipment has been subjected to the
				approved treatment.
(e)
				Transportation of a material or commodity listed in subsection (b) for research
				or diagnostic purposes moving from a rapid ohia death infested area to a rapid
				ohia death restricted area of the State, shall be under permit, using
				safeguards approved by the chief, to an approved facility.
(f) Soil, including soil as a planting
				medium, may be shipped from a rapid ohia death infested area to a rapid ohia
				death restricted area of the State subject to pre-shipment testing as provided
				in subsection (c) and, if applicable, subject to treatment as provided in
				subsection (d). A shipper of soil that is an active participant in the
				department's intrastate compliance agreement program in which the shipper is
				required to maintain Ceratocystis fimbriata-free status as a condition for soil
				movement from an infested area is subject to testing as required by the
				compliance agreement and permit.
(g) Finished ohia wood products, such as wood
				flooring, furniture, bowls, picture frames, carvings, and jewelry that have
				been subjected to a treatment approved by the chief do not require a permit for
				intrastate transportation.
(h) The
				chief is authorized to approve treatments and mitigative measures as they are
				scientifically validated and may revise permit conditions accordingly, as
				necessary to prevent movement of ohia wilt disease from the infested area and
				to preserve the quarantine.
(i) The
				island of Hawaii is designated as a rapid ohia death infested area,
				notwithstanding any ongoing control projects on the island, and other islands
				in the State are designated as rapid ohia death restricted areas. The
				designated rapid ohia death infested area may be expanded by board action as
				provided in §
									4-72-4.5.
(j) The shipper is responsible for all costs,
				charges, or expenses incident to the inspection or treatment of the soil and
				ohia material or commodity listed in subsection (b), including charges for
				overtime wages, fixed charges for personnel services, and meals.