Public Notices

July 18, 2022

HAWAII DEPARTMENT OF AGRICULTURE

Notice of Interim Rule Designating the Island of Oahu as a Coconut Rhinoceros Beetle Infested Area and Subject to Quarantine

On June 30, 2022, pursuant to interim rule, the Chairperson of the Board of Agriculture (Chairperson) designated the Island of Oahu as an area infested by coconut rhinoceros beetle (CRB), Oryctes rhinoceros.  This authorizes the Hawaii Department of Agriculture (HDOA), Plant Quarantine Branch (PQB) to restrict the movement of CRB host materials within and from the island of Oahu, effective July 1, 2022.

The HDOA is authorized to establish interim rules when the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency.   Due to recent findings of CRB in multiple locations on Oahu, and after a finding by the Advisory Committee on Plants and Animals on December 10, 2021 that the movement of CRB host material constitutes an emergency, it was determined that an island-wide quarantine for the island of Oahu is necessary to prevent the further spread of CRB within the island of Oahu and to other islands not known to have this destructive pest.

The designation of the island of Oahu as a CRB-infested area means that the movement of CRB host material within and from the island of Oahu is subject to the quarantine restrictions specified in interim rule 22-1.  Among other things, the movement or transportation of coconut rhinoceros beetle host material, including but not limited to entire trees, green waste, compost, mulch, trimmings, fruit and vegetative scraps and decaying stumps of palmaceous plants and trees, within the island of Oahu or from a CRB-infested area to an area that is uninfested, is prohibited except as approved by the HDOA.  Authorization for the transportation of a commodity or item listed in the preceding sentence with conditions established by the HDOA appropriate for each of the following circumstances, and subject to safeguards and/or treatments established by the HDOA are as follows: 1) Movement of any host material for the CRB, including palm plants and trees, compost, and green waste under a State compliance agreement; 2) All host material being moved within the quarantine area must be completely enclosed or covered with a secure lid to prevent the spread of CRB during transport to the approved green waste disposal site.  Subcontractors must transport chipped green waste to an approved offsite disposal/processing center in approved containers.  These containers must be completely enclosed or covered with a lid during the transport to the offsite disposal/processing center; 3) Processing of any host material for the coconut rhinoceros beetle in approved facilities is allowed under a State compliance agreement; 4) Inter-island movement of any CRB host material is allowed only under a State compliance agreement; 5) Sale and trade of any CRB host material is allowed under a State compliance agreement; and 6) Nursery stock material considered CRB host material is allowed to leave the quarantine areas only under a State compliance agreement.

In addition, the HDOA is authorized to approve treatments, safeguards, and mitigative measures as they are scientifically validated and may revise requirements accordingly, as necessary to prevent movement of CRB to uninfested areas and to preserve the quarantine.

Export (out-of-state) shipments of CRB host materials is not subject to quarantine restrictions, provided that they are exported directly from a CRB infested area and are not transshipped through a CRB uninfested area in the State.

The quarantine restrictions apply to all Oahu nurseries, retailers, distributors of CRB host materials, green waste processors, mulch producers, and to any individual or entity that transports CRB host material within the island of Oahu or interisland from the island of Oahu.

 

April 7, 2022

PUBLIC NOTICE OF PUBLIC AUCTION FOR LEASE OF VARIOUS NON-AGRICULTURAL PARK LANDS, ISLAND OF MAUI

The Department of Agriculture (“DOA”) is accepting applications to qualify to bid at the public auction for seven (7) agricultural leases.  Applications and information regarding the lease disposition by auction are available on the DOA’s website at https://hdoa.hawaii.gov/arm/ or at the DOA’s Agricultural Resource Management Division (“ARMD”), 1428 South King Street, Honolulu, Hawaii or by calling (808) 973-9473 from 7:45 a.m. to 4:30 p.m., Monday through Friday, except holidays.  One original and one copy of the completed Application form shall be filed with the ARMD at 1428 South King Street, Honolulu, Hawaii 96814 no later than 3:00 p.m. on May 30, 2022.

Any person who has failed to submit one original and one copy of the application and all required attachments (including copies of all required attachments) by this date and time will not be allowed to bid. Each applicant shall be informed in writing in advance of the auction date as to the Applicant’s eligibility to bid at the public auction.

The awardee (successful bidder) shall be subject to the satisfactory completion of the conditions stated in §4-158-20, Hawaii Administrative Rules (“HAR”), Additional terms and conditions, and subject to final Board of Agriculture (“BOA”) approval.  The awardee who successfully completes all the requirements for lease shall pay the costs incurred in the administration of the lease disposition, pursuant to §4-158-3 Fees and charges, HAR, which may include negotiation, appraisal, notices, publications, and closing costs.  A Right-of-Entry shall be issued to the awardee enabling access for the limited purpose of meeting the required conditions.

Upon successful completion of the conditions, the lease will be executed and issued; until then, the awardee shall have no real property interest in the subject lot.  In the event the conditions are not satisfactorily met within six (6) months after proposal is accepted, the award shall be rescinded.

Eligibility of Applicants:

  1. Any person shall be eligible to apply if they are a U.S. citizen who has resided in the State for at least three (3) years; or
  2. Is a permanent status alien who has resided in the State for five (5) years; and
  3. Is a bona fide farmer or new farmer as defined in §4-158-1, HAR, Definitions;
  4. In the case of agricultural cooperatives, associations, partnerships, corporations and limited liability companies, the residency requirement must be met by 75% of the associates, partners, stockholders, officers, directors, and members, as applicable, who are bona fide farmers, new farmers, or qualified aquaculturalists.
  5. No person shall be eligible to lease agricultural lands who, during the five (5) years preceding the date of this notice, has had a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy its terms and conditions, or who is in arrears in the payment of taxes or other obligations to the State or any of its counties.
  6. All persons interested in applying for the available farm lot(s) shall comply with §4-158-27, HAR, Application requirements and be subject to §4-158-28, HAR, Preference right.

Summary of Significant Lease Provisions:  The draft of the lease document, property map, lot descriptions, and Chapter 4-158, HAR, are available on the DOA’s website or at the office listed above which all may be examined by the lessee.

  1. Uses will be permitted only as shown on the list of parcels below. “Pasture” means the conduct of livestock operation consisting of keeping cattle, primarily, and others, in a minor role, such as horses and sheep where animals graze the land for feed produced thereon, excluding poultry and swine.
  2. Lessee shall become a participant in any irrigation project to provide water to the parcels that is or may be created under Chapter 167, Hawaii Revised Statutes, and be required to support the operations and maintenance costs of the irrigation project and to abide by the irrigation project’s rules, rates, and charges.
  3. No residential dwellings shall be allowed, except as approved by the BOA.
  4. There shall be no transfer, assignment, or sublease of an agricultural land lease without prior BOA Transfer, assignment, or sublease shall be only to persons or entities which satisfy qualification requirements and §4-158-19, HAR, Lease restrictions; generally.
  5. For the purposes of this disposition, no lease shall be transferred, assigned, or subleased for the first five (5) years of the initial lease term.

Description of Land:  The lots will be leased in an “AS IS” CONDITION, without any representations or warranties made by the DOA as to the condition of the land, suitability of the land for the use permitted in the lease, and the availability water, electricity, utilities, or other infrastructure.  Water, electricity, any other utilities, real property taxes and any other expenses shall be the responsibility of the awardee.   It is the awardee’s responsibility to inspect and develop the lot in accordance with applicable state and county regulations and lease provisions.

Parcels to be disposed of include:

ITEM ILocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-004:001; AREA:  22 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $180.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM IILocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-004:002; AREA:  13 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $100.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM IIILocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-004:029; AREA:  20.980 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $170.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM IVLocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-004:031; AREA:  139.280 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $1,120.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM VLocation: Keokea, Kula, Makawao, Island of Maui; 2nd Div. (Maui) 2-2-004:066; AREA: 149.030 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $1,175.00 per minimum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM VILocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-005:047; AREA:  19.100 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $310.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.

ITEM VIILocation:  Keokea, Kula, Makawao, Island of Maui;  2nd Div. (Maui) 2-2-005:053; AREA:  223.290 gross acres; Term:  35 years; Upset Minimum Annual Rental:  $1,790.00 per annum; payable semi-annually, in advance; Rent Reopening:  To be determined; USE:  Pasture.  The BOA has approved the acceptance of up to five (5) “back-up” bids in the event the awardee fails to complete the leasing process.

Public Auction Information*

DATE & TIME:  July 28, 2022 at 11:00 AM;
PLACE:   Hawaii Department of Agriculture, Maui Office, 635 Mua Street, Kahului, Island of Maui, Hawaii.

Qualified bidders or authorized representatives must be present in person at the auction and provide an original and one copy of a government-issued photo identification of a valid driver license, state identification or passport. If bidder is a business entity, a corporate resolution identifying the authorized signor must be presented.

*DOA reserves the right to cancel the public auction, postpone or change the date of the public auction or any other deadlines, to reject any and all Applications, or request the submittal of additional information, and to waive any defects, when, in the opinion of the Chairperson of the Board of Agriculture, such action will be in the best interest of the State.

Non-Discrimination Programs: The DOA 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 DOA 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.

If you have any questions about this notice or any of the DOA’s non-discrimination programs, policies, or procedures, you may contact:  Morris Atta, Acting Non-Discrimination Coordinator Hawaii Department of Agriculture, 1428 South King Street, Honolulu, HI 96814, (808) 973-9560 [email protected].  If you believe that you have been discriminated against with respect to a DOA program or activity, you may contact the Non-Discrimination Coordinator identified above.  To request language or accessibility for completing applications, please contact the Office of the Chairperson, at (808) 973-9560 or email: hdoa.info @hawaii.gov. Please allow sufficient time for DOA to meet accommodation requests.  Phyllis Shimabukuro-Geiser, Chairperson, Board of Agriculture.

To view a map of the parcels, click here

To download the application, click here

To view the Public Notice as published, click here

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Feb. 28, 2022

CANCELLATION OF PUBLIC NOTICE OF NEGOTIATION FOR LEASE OF VARIOUS NON-AGRICULTURAL PARK LAND ISLAND OF MAUI

This public notice published on NOVEMBER 27, 2021, in the Maui News for seven (7) State of Hawaii agricultural parcels for lease, is hereby cancelled, pursuant to the rights reserved by the Hawaii Department of Agriculture (HDOA).  By Phyllis Shimabukuro-Geiser, Chairperson, Board of Agriculture.

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Jan. 30, 2020

Agricultural Resource Management Division
East Maui Irrigation Improvement Project

In 2018, the Hawaiʻi State Legislature appropriated funding for capital improvement project (CIP) funding for plans, design, and construction for irrigation and water delivery systems in East Maui to support agricultural purposes.  The legislative intent was to primarily support the small farmers in East Maui in furtherance of the State’s goals of food security and self-sufficiency. In May 2019, the Hawaiʻi Department of Agriculture and its Project Team introduced the East Maui Water Systems Improvement Project (Project) to the community, and specifically the East Maui community.  Phase 1 of the Project entailed the Project Team meeting with key stakeholders to gather relevant input to identify and assess potential projects for HDOA’s consideration.  During this phase, we also conducted site visits of potential projects and held two public meetings to update the community and gather additional input.

Based upon the community engagement, the Project Team conducted site assessments for the potential projects, taking into consideration the feasibility of completing each proposed project based upon a matrix of key factors.  The Project Team prepared a prioritization matrix to assist HDOA in determining which proposed projects should proceed to the design phase.  We are currently in the design and regulatory process phase to ensure timely use of the CIP funds.

This process is detailed in the East Maui Water Systems Improvement, Proposed Project Summary Report dated December 16, 2019:

https://hdoa.hawaii.gov/arm/files/2020/01/East-Maui-Water-Systems-Improvement-Proposed-Project-Summary-ReportCompressed.pdf

Should you have any questions, please contact Janice Fujimoto with HDOA at 808-973-9473 or via email at [email protected]. or Dawn Chang with Kuiwalu at [email protected].

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The HDOA is committed to maintaining an environment free from discrimination, retaliation, or harassment on the basis of race, color, sex, sexual orientation, religion, national origin, age, or disability with respect to any employment, program or activity.  Should you feel you have been discriminated against under any HDOA program or activity receiving federal assistance, please contact the HDOA Title VI Coordinator. For information on how to file a complaint, go to: https://hdoa.hawaii.gov/blog/main/discriminationcomplaints/.

The HDOA Title VI Coordinator may be reached at 1428 S. King Street, Honolulu, HI 96814, (808) 973-9560 or via email at [email protected].  To request language or accessibility for HDOA programs or public meetings, please contact the Office of the Chairperson, at (808) 973-9560 or email: [email protected]. Please allow sufficient time for HDOA to meet accommodation requests.

 

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