Public Notices

September 27, 2018

NOTICE OF PUBLIC HEARING HAWAII DEPARTMENT OF AGRICULTURE PROPOSED AMENDMENTS TO ADMINISTRATIVE RULES RELATING TO PESTICIDES

NOTICE IS HEREBY GIVEN that the Department of Agriculture pursuant to Chapter 91 Hawaii Revised Statutes (HRS) will hold public hearings as follows:

Thursday, November 1, 2018, 2 p.m. to 4 p.m.
Department of Agriculture Conference Room
635 Mua Street, Kahului, HI 96732

Friday, November 2, 2018, 5 p.m. to 7 p.m.
Plant Quarantine Conference Room
1849 Auiki Street, Honolulu, HI 96819

Monday, November 5, 2018, 2 p.m. to 4 p.m.
Department of Agriculture Conference Room
4398A Pua Loke Street, Lihue, HI 96766

Wednesday, November 7, 2018, 9 to 11 a.m.
Department of Agriculture Conference Room
16 E. Lanikaula Street, Hilo, HI 96720

Wednesday, November 7, 2018 3 p.m. to 5 p.m.
Hale Iako Building – Natural Energy Lab. of HI Auth.
73-790 Makako Bay Drive, Kailua-Kona, HI 96740

Thursday, November 8, 2018, 10 a.m. to 12 p.m.
Kulana Oiwi – DHHL/OHA Conference Room
600 Maunaloa Highway, Kaunakakai, HI 96748

 

The purpose of the public hearings is to receive testimony regarding proposed amendments to Hawaii Administrative Rules Section 4-66 to conform to changes in Federal law by adopting the labeling requirements established in part 156 of Title 40, Code of Federal Regulations (CFR) (2017), the Worker Protection Standards in 40 CFR part 170 (2017), and the pesticide applicator education, training, and certification standards in 40 CFR part 171 (2018).  The definitions section was amended to aid in rule interpretation; the list of State restricted use pesticides was removed from the rules to allow for the efficient addition or removal of high risk pesticides from the list; procedures were established for maintaining the State restricted use pesticide list external to the rules; a new section was added to address aerial pesticide applications; increased oversight of experimental use permittees was added; requirements for restricted use pesticide reporting and use within buffer zones to comply with Act 045, Session Laws of Hawai‘i 2018 were adopted; the penalties section reiterates the sanctions available in HRS chapter 149A; fees were increased to a level commensurate with other states; and, nonsubstantive changes were made to comply with the Administrative Rules Drafting Manual (2016). The proposed rules are available for review in person at the following Department of Agriculture offices during regular business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, from September 28, 2018 to November 19, 2018.

Honolulu – 1428 S. King St., Honolulu, HI 96814 Phone – 973-9560
Hilo – 16 E. Lanikaula St., Hilo, HI 96720 Phone – 974-4142
Maui – 635 Mua St., Kahului, HI 96732 Phone – 873-3556
Kauai – 4398A Pua Loke St., Lihue, HI 96766 Phone – 241-7134

Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or sent by mail upon payment of a fee for photocopying and postage. Copies may also be reviewed or downloaded at the Department of Agriculture website at https://hdoa.hawaii.gov/meetingsreports/proposedadministrativerules/ or at the website of the lieutenant governor.

All interested persons may attend the public hearings and submit comments orally or in writing. Written testimony may be submitted prior to the hearing via postal mail to the Pesticides Branch, Department of Agriculture, 1428 S. King St., Honolulu, HI 96814, or via fax at (808) 973-9418, or email HDOA.PB@hawaii.gov until close of business, November 8, 2018. Please include the word “testimony” in the subject line. If possible, submit 5 written copies of the testimony prior to the hearing.

Persons requiring special accommodations at the hearing may call the Department of Agriculture at (808) 973-9579. Accommodation requests must be received at least 5 working days prior to the hearing.

To view and download the proposed rule changes, click here.

To download this public hearing notice, click here.

To view and download Act 45, click here.

 

August 1, 2018

NOTICE OF PUBLIC HEARING DEPARTMENT OF AGRICULTURE PROPOSED ADMINISTRATIVE RULES RELATING TO PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION

Notice is hereby given that the Department of Agriculture pursuant to Chapter 91 Hawaii Revised Statutes will hold public hearings as follows:

  • September 14, 2018 – 9:00 a.m.
    West Hawaii Civic Center, Liquor Control Conference Room
    74-5044 Ane Keohokalole Highway
    Kailua-Kona, HI 96740
  • September 17, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    4398A Pua Loke Street
    Lihue, HI 96766
  • September 19, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    16E Lanikaula Street
    Hilo, HI 96720
  • September 21, 2018 – 9:00 a.m.
    Department of Agriculture Conference Room
    635 Mua Street
    Kahului, HI 96732
  • September 24, 2018 – 9:00 a.m.
    Quality Assurance Division Conference Room
    1851 Auiki Street
    Honolulu, HI 96819

The purpose of the public hearings is to receive testimony related to the repeal of Title 4, Subtitle 7, Chapter 86, entitled “Brake Fluids, Coolants, Petroleum Products, and After-Market Additives,” and the adoption of proposed Title 4, Subtitle 7, Chapter 186, entitled “Petroleum Products Accounting and Inspection”. The proposed rules are summarized below:

1. Definitions. 2. Incorporation of the National Institute of Standards and Technology Handbook 44 and Handbook 130, 2018 Edition. 3. Requires substantiation of special additive claims. 4. Requires product compliance with advertising or labeled claims. 5. Prohibits misrepresentations. 6. Provides specifications for petroleum products. 7. Provides specifications for brake fluid. 8. Provides specifications for antifreeze coolants and automotive coolants. 9. Provides specifications for lubricants. 10. Provides that petroleum products shall be in accord with the appropriate Hawaii standard petroleum measurement table. The proposed rules are available for review in person at the following Department of Agriculture offices during business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday from September 3, 2018 to September 13, 2018.

Honolulu 1851 Auiki Street, Honolulu, HI 96819 Phone – 832-0700 Hilo 75 Aupuni Street, Hilo, HI 96720 Phone – 974-6514 Kona 82-6130 Mamalahoa Hwy., Captain Cook, HI Phone – 323-7590 Maui 635 Mua Street, Kahului, HI 96732 Phone – 873-3554 Kauai 4398A Pua Loke St., Lihue, HI 96766 Phone – 241-7133

Copies of the proposed rules may also be obtained at the above offices by paying a fee charge for photocopying or sent by mail upon receipt of a fee charge for photocopying and postage. Copies may
also be reviewed or downloaded at the Department of Agriculture website at hdoa.hawaii.gov/meetingsreports.

All interested persons may attend the public hearings and submit comments orally or in writing. Written testimony may be submitted prior to the hearing via postal mail to the Quality Assurance Division, Department of Agriculture, 1428 S. King St., Honolulu, HI 96814, or via fax at (808) 832-0683, or email at HDOA.QAD@hawaii.gov until September 24,2018. Please include the word “testimony” and the subject matter. If possible, submit 5 written copies of the testimony prior to the hearing.

Persons requiring special accommodations at the hearing may call the Department of Agriculture at (808) 832-0703 at least 4 working days prior to the hearing.

To download the proposed rule changes, click here.

To download a copy of this notice, click here.

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March 23, 2017

Notice of Public Hearing

HAWAII DEPARTMENT OF AGRICULTURE

Proposed Amendments to Chapter 4-71, Hawaii Administrative Rules (HAR), “Plant and Non-Domestic Animal Quarantine, Non-Domestic Animal Import Rules,” Including Amendment Banning Import of Dangerous, Wild Non-Domestic Animals for Performance or Exhibition in Circuses or Carnivals

Notice is hereby given pursuant to Chapter 91, Hawaii Revised Statutes (HRS), and section 150A-9, HRS, that the Hawaii Department of Agriculture (Department or HDOA) 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 primary focus of these proposed amendments is to prohibit import of dangerous wild animals for short-term exhibition and performance in circuses, carnivals, and state fairs on the basis of the potential risk to public health and safety.  The proposed amendments identify certain species as dangerous wild animals that will be prohibited import for short-term circus or carnival exhibition or performance, but that may be allowed import for zoo exhibition and for short-term commercial filming, subject to permit conditions adequate to address any associated risks.  The individual species subject to the above prohibition and restriction include, but are not limited to, lions, tigers, bears, elephants, non-human primates, alligators, and crocodiles.  (§§4-71-2, 4-71-3, 4-71-6.5, HAR). Further amendment will be proposed to clarify the exemption that allows import for short-term commercial filming.

The proposed amendments will also change the import list placement of two animal species:  (a) the Nile tilapia, Oreochromis niloticus, currently allowed import only for research, to allow its import for aquaculture production; and (b) the house cricket, Acheta domesticus, currently allowed import for research, to allow its import as feed for various insectivorous animals at Honolulu Zoo (§4-71-6.5, HAR).

In addition to general housekeeping changes, the proposed amendments will, among other things, do the following:  (1) Specify risk to animal or public health and safety associated with import of a species as an additional basis for restricting or prohibiting import of specific non-domestic animals (§4-71-1, HAR); (2) Clarify that violation of permit conditions may result in a citation or cancellation of a permit, or both (§4-71-3); and (3) Clarify that short-term special permits for import of unlisted animals are subject to the same general safeguard requirements and maximum time periods for permit approval that apply to short term permits for import of  animals on the lists of conditionally approved and restricted animals (§§4-71-3, 4-71-4.1, HAR).

The proposed amendments will also amend §4-71-6.5, HAR, titled “Permitted introductions”, to do the following:  (1) Allow government agencies to import animals on the List of Conditionally Approved Animals, which are currently allowed import for individual possession, businesses, and institutions; (2) Expand the purposes for which animals on the List of Restricted Animals (Part B) may be imported from currently allowed purposes (i.e., private and commercial use, including zoological parks, or aquaculture production) to include government use; (3) Replace the term “municipal” zoos with the broader term “government” zoos; (4) Clarify that, in addition to universities and government agencies, other institutions may import restricted list animals for research, and that universities and government agencies may import restricted list animals for medical and scientific purposes as well as for research, as determined by the Board of Agriculture (Board); (5) Clarify that permits may be approved by the Board chairperson, as well as by the HDOA branch chief or Board, as specified by rules; (6) Clarify that site approval is required prior to the issuance of any permit issued for import of animals on the restricted lists and unlisted animals; and (7) Clarify that when a permit to import a restricted list or unlisted animal allows for transfer or sale, a proposed transferee must satisfy conditions for transfer and obtain a permit for possession of the animal.

Effect of Certain Amendments on Small Business:  (1) The proposed amendment to ban import of dangerous wild animals for short-term circus-type performance or exhibition will apply to any potential importer of these animals for live performance or exhibition in a carnival or circus, whether the importer is a small business, big business, or government (county fairs), because of the inherent risk to public health and safety in the live entertainment situation. This proposed import ban may affect potential importers, including small business importers, in a potentially adverse way.   Animals that are not “dangerous wild animals” can still be imported for live entertainment at events like the 50th State Fair.   (2) The proposed amendments to change the import list placement of the Nile tilapia, Oreochromis niloticus, to allow its import for aquaculture production, do not adversely affect small business and are strongly supported by small aquacultural businesses.   (3) The proposed amendments to change the import list placement of the house cricket, Acheta domesticus, to allow its import as feed for various insectivorous animals at Honolulu Zoo do not adversely affect small business.

 

The following is the schedule of public hearings:

  •  May 01, 2017, 5:00 p.m. – 7:00 p.m.
    Conference Room, Department of Agriculture
    1849 Auiki Street
    Honolulu, Hawaii 96819

 

  •  May 02, 2017, 5:00 p.m. – 7:00 p.m.
    Conference Room, Department of Agriculture
    4398A Pua Loke Street
    Lihue, Hawaii 96766

 

  • May 03, 2017, 5:00 p.m. – 7:00 p.m,
    Conference Room, Department of Agriculture
    635 Mua Street
    Kahului, HI 96732

 

  • May 04, 2017, 5:00 p.m. – 7:00 p.m.
    Hilo State Office Building #101
    75 Aupuni Street
    Hilo, Hawaii 96720

 

  • May 05, 2017, 5:00 p.m. – 7:00 p.m.
    West Hawaii Civic Center
    74-5044 Ane Keohokalole Highway
    Kailua-Kona, Hawaii 96740

 

The proposed rule amendments may be reviewed online at www.hawaii.gov/hdoa or in person at any of the following Department offices during normal business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday from: March 28, 2017 to May 05, 2017,

Oahu-     1428 South King Street, Honolulu

                          Administrative Services Officer:          Phone: 808-973-9600

or 1849 Auiki Street, Honolulu            Phone: 808-832-0566

 

Hawaii-   16E Lanikaula Street, Hilo                    Phone: 808-974-4141

or 95 Akahana Street, Room 9, Hilo    Phone: 808-961-9393

or 73-302 Kupipi Street, Kailua-Kona  Phone: 808-326-1077

 

Kauai-      4398A Pua Loke Street,  Lihue           Phone: 808-274-3071

 

Maui-       635 Mua Street, Kahului                       Phone: 808-873-3556

 

Molokai-  801 Puupeehua Ave., Hoolehua         Phone: 808-567-6891

Molokai Irrigation Office

 

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.  Copies may also be reviewed or downloaded at the Department’s website at:  http://hawaii.gov/hdoa/Info/proposedrules/proposed-administrative-rules

https://hdoa.hawaii.gov/meetings-reports/proposedar/

All interested persons may attend the public hearings and submit comments orally or in writing.  Those persons desiring to submit written testimony may do so via postal mail to the Plant Quarantine Branch c/o Department of Agriculture at 1849 Auiki Street, Honolulu, HI 96819 or via FAX at (808) 832-0584 or via e-mail at Jonathan.K.Ho@hawaii.gov.  Please include the word “testimony” and the subject matter when submitting testimony by e-mail.  Those persons desiring to present oral testimony at the public hearing are asked to register with staff prior to the convening of the hearing. If possible, submit 5 written copies of the testimony to staff prior to the meeting.  Testimony will be accepted up to the close of the last public hearing.     

Persons requiring special modifications, e.g. sign language interpretation, large print, taped materials, accessible parking, at the hearing may call the Department at (808) 832-0566 or write to one of the addresses above at least 5 days in advance of the hearing.

Scott E. Enright

Chairperson, Board of Agriculture