Proposed Administrative Rules

Posted on Mar 15, 2021 in Main

May 10, 2022

Hawai`i Board of Agriculture Action on Proposal to Add
Three Mosquito Species to List of Restricted Animals

On May 9, 2022, the Hawai`i Board of Agriculture preliminarily approved the addition of the Asian tiger mosquito (Aedes albopictus), the yellow fever mosquito (Aedes aegypti), and the southern house mosquito (Culex quinquefasciatus) to the List of Restricted Animals (Part A).

Until June 8, 2022, The Hawai`i Department of Agriculture, Plant Quarantine Branch, will be soliciting comments regarding the proposed addition of the Asian tiger mosquito (Aedes albopictus), yellow fever mosquito (Aedes aegypti), and the southern house mosquito (Culex quinquefasciatus) to the List of Restricted Animals (Part A).  Comments may be sent to
Mr. Jonathan Ho, Inspection and Compliance Section Chief via:

Email: [email protected]

Phone: (808) 832-0566

Fax:     (808) 832-0582

Mail:    1849 Auiki Street, Honolulu, Hawaii 96819

A printed copy of the proposed order and proposed exact changes will be mailed to any interested person who requests a copy upon advance payment of costs for photocopying, preparing, and mailing the copy. To inspect a copy of the proposed order and the proposed exact changes, or to pick up a copy (after full payment) please go to:

Hawai`i Department of Agriculture

Plant Quarantine Branch

1849 Auiki Street

Honolulu, Hawai`i 96819

To view the proposed board order, go to: http://hdoa.hawaii.gov/wp-content/uploads/2022/05/Board-Order-Mosquitoes.pdf

To view the exact proposed changes to the rule, go to: http://hdoa.hawaii.gov/wp-content/uploads/2022/05/Board-Order-Mosquitoes-Attachment-A-RA-list.pdf

The proposed order will be discussed by both the Advisory Committee on Plants and Animals and the Hawai`i Board of Agriculture at scheduled virtual meetings, with a physical site located at 1428 South King Street, Honolulu, HI 96814.  If you would like to be notified of the dates and times of the meetings, please contact Mr. Ho above.

******************

April 27, 2022

NOTICE OF PUBLIC HEARING

Proposed Amendments to Administrative Rules
for Animal Disease Control Program

Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the Hawaii Department of Agriculture (Department) will hold public hearings to receive testimony on proposed amendments to chapter 4-16, Hawaii Administrative Rules, entitled “Cattle, Sheep, and Goats.”

Chapter 4-16, HAR is being amended to:

(1) Add Bison, Water Buffalo and Camelid species to the Chapter.
(2) Change definitions by: (a) simplifying the definitions Board”, Chairperson”, “Department”, “Division Head”; (b) amending “Official vaccinate” “State veterinarian”; (c) adding the definitions “APHIS”, “Certificate of Veterinary Inspection” or “CVI”, “Contact”, “Entry”, “Hold order”, “Polymerase Chain Reaction” or “PCR”, “Premise”; (d) clarifying “Carrier”, “Effects”, “Health certificate”, “Quarantine”, “Shipmaster’s Declaration” and “Vaccine; (e) expanding the definition of “Animals”, “Domestic animals”, “Inspector”; and (f) deleting “Premises” and “Provisional quarantine.”
(3) Add “population of animals” as a group quarantine can be applied to.
(4) Clarify movement for quarantine area feedlot and slaughterhouse.
(5) Adding regulatory jurisdiction on importations of Bison, Water Buffalo and Camelids, entry status and add plant quarantine permitting for Bison and water buffalo.
(6) Clarify ports of entry for added Bison, Water Buffalo and Camelids species.
(7) Update and clarify carrier responsibility on importation and intrastate transport by sea.
(8) Amend animal owner responsibility for use of quarantine station facilities
(9) Certificate of veterinary inspections issued in Hawaii for export is clarified.
(10) Clarify import permitting, Trichomoniasis testing is added and Certificate of veterinary inspection clarified pertaining to preshipment entry requirements
(11) Detail “Quarantine site” and “symptoms” is replaced with “signs” to correct terminology regarding post shipment entry requirements.
(12) Amend Anaplasmosis and Brucellosis testing and management.
(13) Clarify Tuberculosis control and eradication procedures and update test reactor management.
(14) Add new section for Trichomoniasis control and eradication.
(15) Add a new section covering disease investigation.
(16) Add Scrapie entry requirements and clarify entry requirements for sheep and goats.
(17) Specify the object in sheep post entry requirements by replacing “they” with “animals”
(18) Add “camelids” to “goats” in subchapter 4.
(19) Specify ectoparasite treatment, replace “health certificate” with “Certificate of Veterinary Inspection” for clarity, and add “official USDA” to “eartag” to specify acceptable tags in preshipment entry requirements for goats.
(20) Other changes are proposed throughout Chapter 4-16 for clarity. simplification or to correct format, grammar and punctuation. (Refer to Exhibit A for summary of proposed changes.)

The schedule of public hearings on the proposed rules is as follows:

May 9, 2022, at 10:00 a.m.
Department of Agriculture Conference Room
4398A Pua Loke Street, Lihue, Kauai
May 10, 2022, at 10:00 a.m.

Department of Agriculture, Plant Quarantine Conference Room
1849 Auiki Street, Honolulu, Oahu
Access to the zoom link for the hearing: https://zoom.us/j/97081503225

Or One tap mobile :

    US: +12532158782,,97081503225#  or +13462487799,,97081503225#

Or Telephone:

    Dial(for higher quality, dial a number based on your current location):

        US: +1 253 215 8782  or +1 346 248 7799  or +1 669 900 6833  or +1 301 715 8592  or +1 312 626 6799  or +1 929 205 6099

Webinar ID: 970 8150 3225

    International numbers available: https://zoom.us/u/acNjGQRdm

May 11, 2022, at 10:00 a.m.
Department of Agriculture Conference Room
635 Mua Street, Kahului, Maui
May 12, 2022, at 10:00 a.m.
Kona Civic Center Conference Room
82-6130 Mamalahoa Hwy., Bldg. 2
Capt. Cook, Hawaii

May 13, 2022, at 10:00 a.m.
State Office Building, Conference Room C
75 Aupuni Street, Hilo, Hawaii

All interested parties are urged to attend the hearings and submit comments or testimony orally or in writing. Copies of the proposed rules may be reviewed by accessing the Department’s website at www.hawaii.gov/hdoa/Info/proposedrules or in person, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the following Department of Agriculture offices:

Oahu 99-941 Halawa Valley Street, Aiea, HI 96701
(Phone — 483-7100)
1428 South King Street, Honolulu, HI 96814
(Phone — 483-7100)

Kauai 4398A Pua Loke Street, Lihue, HI 96766
(Phone – 241-7138)

Maui 635 Mua Street, Kahului, HI 96732
(Phone – 873-3555)

Hawaii 16E Lanikaula, Hilo, HI 96720
(Phone – 974-4140)
66-1220 Lalamilo Hmstd. Road B, Kamuela, HI 96743
(Phone – 887-6059)

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 to any person who requests a copy upon receipt of a fee for photocopying and postage. Requests for mailed copies of proposed rules should be sent in writing to Department of Agriculture or by calling (808) 483-7100.

The Department of Agriculture will also accept written testimony, which must be received by May 20, 2022 at the Department of Agriculture, 1428 South King St., Honolulu, HI 96814-2512 or via e-mail to: [email protected]

Special accommodations, such as sign language interpretation, large printing, taped materials, and accessible parking, can be provided if requested at least ten (10) business days prior to the scheduled hearing. This request may be made in writing to one of the addresses listed above or by calling (808) 483-7100.

State of Hawaii

BOARD OF AGRICULTURE
PHYLLIS SHIMABUKURO-GEISER, Chairperson

To view or download the proposed rule, go to: http://hdoa.hawaii.gov/wp-content/uploads/2022/04/Ch-4-16_final-11-30-2021.pdf

******************

The Hawai‘i Department of Agriculture does not discriminate on the basis of race, color, sex, national origin, age, or disability, or any other class as protected under applicable federal or state law, in administration of its programs, or activities, and, the Department of Agriculture does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

The HDOA Non-Discrimination Coordinator is responsible for coordination or compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter collectively referred to as the federal non-discrimination laws).

If you have any questions about this notice or any of HDOA’s non-discrimination programs, policies, or procedures, you may contact:

Morris Atta, Acting Non-Discrimination Coordinator
Hawai‘i Department of Agriculture
1428 S. King Street, Honolulu, HI 96814,
(808) 973-9560
[email protected]

If you believe that you have been discriminated against with respect to a Department of Agriculture program or activity receiving federal assistance, please contact the HDOA Non-Discrimination Coordinator identified above or visit our website at http://hdoa.hawaii.gov/blog/main/discriminationcomplaints/ to learn how and where to file a complaint of discrimination.

The Hawai‘i Department of Agriculture does not intimidate, threaten, coerce, or discriminate against any individual or group for the purpose of interfering with any right or privilege guaranteed under federal anti-discrimination laws, or because an individual has filed a complaint or has testified, assisted, or participated in any way in an investigation, proceeding, or hearing related to federal anti-discrimination laws, or has opposed any practice made unlawful by federal anti-discrimination laws.

To request translation, interpretation, modifications, accommodations, or other auxiliary aids or services, contact the HDOA Office of the Chairperson at (808) 973-9560 or email [email protected]. Please allow sufficient time for HDOA to meet accommodation requests.