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Notice #: 05523329
Public Hearings

Proposed Amendments to Administrative Rules
for Plant and Non-Domestic Animal Quarantine

Pursuant to Chapter 91, Hawaii Revised Statutes [“HRS”], and other applicable laws, notice is hereby given that the Department of Agriculture [“Department”] will hold public hearings to receive testimony on proposed amendments to Hawaii Administrative Rules [“HAR”], Title 4, Subtitle 6, Chapter 71:

Chapter 4-71 – “Plant and Non-Domestic Animal Quarantine
Non-Domestic Animal Import Rules

The proposed amendments to Chapter 4-71, HAR, include, but are not limited to the following changes: (1) prohibit the import or possession of animals in the order Primates (such as monkeys, chimpanzees, etc.) for private or commercial use, except for a primate sanctuary or unless otherwise permitted by Chapter 4-71, HAR; (2) require certain additional information on permit and bond applications; (3) clarify the basis for the Plant Quarantine Branch (PQ) chief’s decision to approve a permit based on a past Board of Agriculture (“Board”) approval to import the same species; (4) clarify that a permit application for a first-time entry of an animal species allowed entry by rules must be submitted to the Board; (5) authorize the Department to cancel other PQ permits held by a permittee when the permittee’s violation of law or rule calls into question the permittee’s fitness to hold a permit; (6) reflect current statutory language that expands the purpose for which unlisted animals may be introduced to include remediating medical emergencies or agricultural or ecological disasters; (7) expand the purposes for which the Board Chairperson may approve a short-term permit for certain performing animals to include performance or exhibition other than circus, carnival, or commercial filming performance and authorize the Chairperson to require a bond for performing animals as a condition of import or possession; (8) increase the bond amount from two thousand to three thousand dollars for each animal required to be bonded, except that the bond amount for each animal whose owner holds a valid United States Department of Agriculture [“USDA”] license under the Animal Welfare Act [“AWA”] shall be increased from one thousand to two thousand dollars; (9) delete “insurance bond” from the range of acceptable methods for bonding animals; (10) specify that a new owner must secure the necessary bond and permit in advance of a transfer or sale of bonded animals and that, in addition to being kept in captivity, a bonded animal shall be kept as required by permit conditions at all times; (11) require advance notification and verification when bonded animals are being moved out-of-State; (12) clarify that a permit and bond must be secured for offspring of bonded animals within 30 calendar days of the birth of any offspring; (13) specify that a change of mailing address and related contact information for the owner of a bonded animal must be reported to the Chief within seven business days of the change; (14) require that an animal owner possessing a USDA license under the AWA must report to the Department any suspension, revocation, or expiration of the required federal license within seven business days of the license status change; and (15) make non- substantive amendments that are “housekeeping” in nature.

The proposed amendments to the list of prohibited animals in section 4-71-6, HAR, include increasing the number of sterile male brown tree snakes that the Department may import under the statutory exception for research or brown tree snake detection dog training from one to four.

The proposed amendments to the lists of restricted and conditionally approved animals under section 4-71-6.5, HAR, will, among other things: (1) add certain species of invertebrates, amphibians, reptiles, fishes and birds to the lists as available for import, primarily for research, exhibition, or aquacultural production; and (2) will correct the spelling of various species’ names. Examples of animals proposed for addition to the lists allowing import include, but are not limited to: certain species of sea anemone, crustaceans, insects, nematodes, amphipods, cephalopods, shark, halibut, sablefish, tilapia, and certain birds (Hawaiian hawk, flycatcher, niltavas, bird-of-paradise, etc).

The following is the schedule of public hearings:

Monday, July 10, 2006, 10:00 a.m.
Conference Room, Department of Agriculture
4398A Pua Loke Street
Lihue, Hawaii

Monday, July 10, 2006, 7:00 p.m.
Conference Room, Department of Agriculture
635 Mua Street
Kahului, Hawaii

Wednesday, July 12, 2006, 10:00 a.m.
Conference Room, Natural Energy Laboratory of Hawaii Authority
73-4460 Queen Kaahumanu Highway
Kailua-Kona, Hawaii

Wednesday, July 12, 2006, 7:00 p.m.
Conference Room, Department of Agriculture
16E Lanikaula Street
Hilo, Hawaii

Thursday, July 13, 2006, 2:00 p.m.
Conference Room, Department of Agriculture
Plant Quarantine Branch
1849 Auiki Street
Honolulu, Hawaii

All interested persons are urged to attend the hearings and submit comments orally or in writing. Copies of the proposed rule amendments, including the complete proposed lists of non-domestic animals, may be reviewed in person during normal business hours at any of the listed Department offices:

Kauai – 4398A Pua Loke Street
Lihue (Phone: 274-3071)

Oahu – 1428 South King Street
Honolulu (Phone: 973-9600)
1849 Auiki Street
Honolulu (Phone: 832-0566)

Molokai – Molokai Irrigation Office
Hoolehua (Phone: 567-6891)

Maui – 635 Mua Street
Kahului (Phone: 873-3556)

Hawaii – 16E Lanikaula Street
Hilo (Phone: 974-4141)
Kona State Building, Room 3
Captain Cook (Phone: 323-4565)

Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or may be sent by mail upon request by paying a fee for photocopying and postage.

The Department of Agriculture will continue to accept written testimony developed after the hearings until July 24, 2006 at the Plant Quarantine Branch, 1849 Auiki Street, Honolulu, Hawaii 96819.

Special modifications, e.g., Sign Language interpretation, large print, taped materials, accessible parking, can be provided if requested reasonably in advance. This request may be made in writing to one of the addresses above or by calling (808) 832-0566.

State of Hawaii
(SB05523329 6/9/06) SANDRA LEE KUNIMOTO, Chairperson