Public Notices

October 20, 2021

PUBLIC NOTICE OF NEGOTIATION FOR LEASE
OF VARIOUS NON-AGRICULTURAL PARK LANDS
ISLANDS OF OAHU AND HAWAII

The Department of Agriculture (“DOA”) is accepting applications to negotiate for agricultural leases.  Applications and information regarding the lease disposition are available at the DOA’s Agricultural Resource Management Division (“ARMD”), 1428 South King Street, Honolulu and 16 East Lanikaula, Hilo, or by calling the following toll free numbers from:  Kauai, (808) 274-3141, ext. 39473; Maui, (808) 984-2400, ext. 39473; Molokai and Lanai, 1‑800-468-4644, ext. 39473; Oahu, (808) 973-9473; or on Hawaii, (808) 974-4147, 7:45 a.m. to 4:30 p.m., Monday through Friday, except holidays.  Information is also available from the DOA’s website at http://hdoa.hawaii.gov/arm/.

Application forms shall be filed with the ARMD at 1428 South King Street, Honolulu, Hawaii 96814 no later than 3:00 p.m., November 26, 2021.  The DOA will review all applications, verify applicant qualifications and determine those qualified.  All applicants shall be notified in writing of the result of the application review.  Any questions or inquiries should be directed to the toll free number(s) above.

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 3 years; or
  2. Is a permanent status alien who has resided in the State for 5 years; and
  3. Is a bona fide farmer or new farmer as defined in §4-158-1, Definitions, Hawaii Administrative Rules (“HAR”).
  4. In the case of agricultural cooperatives, associations, partnerships, corporations and limited liability companies, the residence 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 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.

Submission of Proposal

Upon notification by DOA that an applicant is qualified, a proposal for lease shall be submitted within 30 days after receipt of notification.  The Board of Agriculture (“BOA”) shall review all proposals received and shall accept the proposals with the best negotiated terms.  All applicants shall be contacted by the ARMD regarding the disposition of their proposals, of which the successful proposal shall be subject to the satisfactory completion of the conditions stated in §4-158-20, HAR, Additional terms and conditions.  The awardee (qualified applicant) 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 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 6 months after proposal is accepted, the award shall be rescinded.

Summary of Significant Lease Provisions

  1. Uses will be permitted only as shown on the parcel list.
  2. Lessee will be required to support the operations and maintenance costs of the irrigation project, as applicable. Lessee shall become a participant in an irrigation project as may be created under Chapter 167, Hawaii Revised Statutes, and abide by the irrigation project’s rules, rates and charges.
  3. No residential dwellings shall be allowed, except as approved by the BOA.
  4. Transfer, assignment or sublease of an agricultural land lease 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 lot has access via paved roads; irrigation water and/or potable water service, telephone, electricity and other utilities shall be the responsibility of the awardee.  The lot will require clearing and grading before any agricultural activity can commence and will be leased on an “as is” basis.  It is the awardee’s responsibility to inspect and develop the lot in accordance with applicable county regulations and lease provisions.

Parcel to be disposed of include:

ITEM I:

LOCATION:    Waimanalo, Koolaupoko, Island of Oahu; 1st Div. (Oahu) 4-1-027:023; AREA:  15.101 gross acres; TERM:  35 years; UPSET MINIMUM ANNUAL RENTAL:  $18,780.00 per annum; payable semi-annually, in advance, or ADDITIONAL RENTAL:  1½% of gross proceeds, whichever is greater; RENT REOPENING:  To be determined; USE:  Diversified agriculture only.

ITEM II:

LOCATION:    Waimanalo, Koolaupoko, Island of Oahu; 1st Div. (Oahu) 4-1-027:020 & 024; AREA:  38.918 gross acres; TERM:  35 years; UPSET MINIMUM ANNUAL RENTAL:  $30,330.00 per annum; payable semi-annually, in advance, or ADDITIONAL RENTAL:  1½% of gross proceeds, whichever is greater; RENT REOPENING:  To be determined; USE:  Diversified agriculture only.

ITEM III:

LOCATION:  Hawi, North Kohala, Island of Hawaii, 3rd Div. (Hawaii) 5-5-007:005; AREA:  40.57 acres; TERM:   35 years; UPSET MINIMUM ANNUAL RENTAL:  $622.00 per annum; payable semi-annually, in advance; RENT REOPENING:  To be determined; USE:  Pasture; SPECIAL FEATURE:  Subject parcel contains a portion of a reservoir, regulated by the Department of Land and Natural Resources, Engineering Division, Dam Safety Branch.  Lessee responsible for reservoir related expenses.

ITEM IV:

LOCATION:    Pahoa-Kalapana Road, Puna, Island of Hawaii; 3rd Div. (Hawaii) 1-2-006:019; AREA:  816 gross acres; TERM:  35 years; UPSET MINIMUM ANNUAL RENTAL:  $1,564.00 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” proposals in the event the initial awardee fails to complete the leasing process.

The general lease provisions describing the terms and conditions, property map, lot descriptions, and Chapter 4-158, HAR, are available on the DOA’s website or may be examined at the offices below:

1428 South King Street, Honolulu, HI  96814-2512                    Tel. (808) 973-9473
16 East Lanikaula Street, Hilo, HI  96720-4302                          Tel. (808) 974-4147

The disposition of lease(s) may be canceled, postponed or continued from time to time, as may be deemed necessary, by publication of notice to that effect by order of the Chairperson of the BOA.

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 for DOA agricultural leases, please contact the Office of the Chairperson, at (808) 973-9560 or email: [email protected]. Please allow sufficient time for DOA to meet accommodation requests.

Phyllis Shimabukuro-Geiser, Chairperson
Board of Agriculture

Link to application form: http://hdoa.hawaii.gov/arm/files/2021/10/Application-for-Farm-Lot.pdf

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March 25, 2021

HAWAII DEPARTMENT OF AGRICULTURE

Notice of Interim Rule Designating the Islands of Lanai and Oahu as Expanded Coffee Leaf Rust Infested Areas and Subject to Quarantine

On March 23, 2021, pursuant to Section 4-72-4.5(a), Hawaii Administrative Rules (HAR), the Board of Agriculture (Board) designated Lanai and Oahu Islands as expanded areas infested by coffee leaf rust (CLR), Hemileia vastatrix.  This authorizes the Hawaii Department of Agriculture (HDOA), Plant Quarantine Branch (PQB) to restrict the movement of coffee and other CLR carriers from Lanai and Oahu, effective March 24, 2021.

Section 4-72-4.5(a), HAR, authorizes the Board to expand the area of infestation designated by Plant Quarantine Interim Rule 20-1 to include newly infested areas, subject to certain procedural requirements, in order to implement quarantine measures.  Expanding the designated infested areas will prevent the further spread of CLR through its plant or commodity hosts to non-infested areas of the state.

Plant Quarantine Interim Rule 20-1 went into effect on November 20, 2020, to restrict the movement of coffee and other CLR carriers initially from Maui and Hawaii Islands.

The designation of Lanai and Oahu Islands as expanded CLR infested areas means that coffee plants and related CLR host material from Lanai and Oahu will be subject to the quarantine restrictions specified in Plant Quarantine Interim Rule 20-1.  These quarantine measures restrict the movement of coffee plants and plant parts, used coffee-related packing materials, and equipment which has been used to harvest, transport, or process coffee plants or plant parts, from a quarantined area to a non-infested area.  A permit may be issued by the PQB chief (chief) for the transportation of a commodity or item listed in the preceding sentence with conditions established by the chief appropriate for each of the following circumstances, and subject to safeguards and/or treatments established by the chief, including double-bagging in thick, transparent, non-permeable plastic bags that are sealed and labeled: (1) coffee beans for roasting, or other non-propagative plant parts, that are shipped to an approved facility located in a non-infested area that is located at least two miles away from a commercial coffee growing area, or are subjected to a treatment approved by the chief; (2) plants from HDOA certified nurseries, green coffee beans for roasting, or other non-propagative plant parts, that are transshipped through a non-infested area of the State with a final destination outside of the State; (3) previously used equipment for harvesting, processing or transporting coffee plants or plant parts that has been subjected to treatments and/or mitigation measures approved by the chief; (4) coffee plants and plant parts for scientific or diagnostic purposes at a PQB approved facility, provided the contents and packing materials used for shipping are subjected to a treatment approved by the chief after the contents are unloaded; (5) coffee plants, beans for roasting, other non-propagative plant parts, used coffee bags, and previously-used coffee harvesting, processing, or transporting equipment, that are shipped between infested areas; and 6) limited quantities of coffee plants for propagation from an infested area to a non-infested area, subject to a one-year quarantine in a state-run facility, provided that the Board may reduce the quarantine period.  In addition, the chief is authorized to approve treatments, safeguards, and mitigative measures as they are scientifically validated and may revise permit conditions accordingly.

Export (out-of-state) shipments of coffee plants and plant parts, green coffee beans, used coffee bags, or other CLR carriers are not subject to quarantine restrictions, provided that they are not transshipped through a non-infested area in the State.  This interim rule does not affect the movement of roasted coffee.

Under the designation of Maui, Hawaii, Lanai, and Oahu Islands as CLR infested areas, the movement of green (unroasted) coffee, coffee plants and plant parts, used coffee bags, and used coffee harvesting, processing or transporting equipment from CLR infested areas, i.e., from Maui, Hawaii Island, Oahu, or Lanai to Molokai or Kauai will require a permit.  HDOA’s Plant Intrastate Rules, Chapter 4-72, HAR, provides that the chief may authorize the transportation of an untreated infested commodity to an island or area where the pest is known to be established.  As it is still important to limit the spread of CLR even on an island designated as CLR infested, permits for shipments between CLR infested areas will require appropriate safeguards, such as bagging requirements.

The quarantine restrictions apply to coffee growers, distributors, and roasters, and to any individual or entity that transports coffee or related CLR carrier material from the islands of Maui, Hawaii, Lanai, and Oahu.

To download this document, click here.

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March 10, 2021

Dear Coffee Growers and Roasters in Hawaii:

SUBJECT:  Board of Agriculture Review of Proposed Expansion of Coffee Leaf Rust, Hemileia vastatrix, Infested Areas to Include the Islands of Lanai and Oahu to Restrict the Movement of Coffee Plants (Coffea arabica, C. canephora and other Coffea spp. Including Hybrids and Varietals) and Plant Parts Such as Green Beans, Fruits, Leaves, Stems, Twigs, Cuttings, Wood, Logs, and Mulch or Greenwaste, Used Coffee-Related Packing Materials Such as Coffee Bags, and Any Previously-Used Equipment Used to Harvest, Transport, or Process Coffee Plants or Plant Parts, to Prevent the Spread of the Coffee Leaf Rust.

This letter is to inform you that on March 23, 2021, the Board of Agriculture (Board) will review and may take action on a proposal from the Hawaii Department of Agriculture (HDOA), Plant Quarantine Branch (PQB) to expand the designated coffee leaf rust (CLR), Hemileia vastatrix, infested areas in the State, currently Maui and Hawaii Island, to include the entire islands of Lanai and Oahu.  The Board’s designation of the islands of Lanai and Oahu as CLR-infested areas will authorize the PQB to implement quarantine measures to restrict the movement of coffee plants and plant parts and other CLR hosts from Maui, Hawaii Island, Lanai, and Oahu.

PQB’s Plant Intrastate Rules in section 4-72-4.5(a), Hawaii Administrative Rules, authorize the Board to expand the area of infestation designated by interim rule to include a newly infested area, subject to certain procedural requirements, in order to implement quarantine measures to prevent further spread of CLR through its plant or commodity hosts from the designated expanded area of infestation to restricted (non-infested) areas.

On October 21, 2020, leaf samples displaying CLR symptoms from managed coffee plants in the Haiku area of Maui were turned in to Maui HDOA staff.  Subsequent surveys on Maui conducted after the initial detection found plants with symptoms at five additional locations, including wild coffee. Samples were submitted to U.S. Department of Agriculture (USDA) National Identification Services (NIS) for identification confirmation.  The USDA NIS confirmed the identification as CLR, H. vastatrix, on October 29th.

On October 26, 2020, HDOA staff found a coffee plant suspected to be infected with CLR on the east side of Hawaii Island.  On October 31, 2020, University of Hawaii-College of Tropical Agriculture and Human Resources staff received a report of CLR on the west side of Hawaii Island.  On November 10, 2020, HDOA was notified that USDA, NIS determined the East Hawaii Island samples were negative for CLR; however, they confirmed the West Hawaii samples as positive.

On November 20, 2020, Plant Quarantine Interim Rule 20-1 went into effect.  A copy of the original interim rule is enclosed as Appendix A.

In early January 2021, HDOA received notification of possible CLR on the island of Lanai.  On January 22, 2021, HDOA received confirmation from USDA NIS that the samples from Lanai were CLR.

On January 25, 2021, a location in Maunawili, Oahu submitted samples of possible CLR collected on property. On February 5, 2021, USDA NIS confirmed the presence of CLR.

On February 2, 2021, samples were collected from Lyon Arboretum, located in Manoa, Oahu, of possible CLR.  Samples were submitted to USDA, APHIS, ARS in Hilo, Hawaii for confirmation.  On February 9th, samples were confirmed by USDA NIS to be CLR.

If the Board designates the islands of Lanai and Oahu as expanded CLR infested areas, coffee and related CLR host material from Lanai and Oahu will be subject to the quarantine restrictions specified in Plant Quarantine Interim Rule 20-1.  These quarantine measures restrict the movement of coffee plants and plant parts, used coffee-related packing materials, and previously-used equipment used to harvest, transport, or process coffee plants or plant parts, from a quarantined area to a non-infested area.

The attached quarantine restrictions as stated in PQB Interim Rule 20-1, are the same as those which have been in effect for coffee from Maui and Hawaii Island since November 20, 2020.  The quarantine restrictions require a permit from HDOA to transport coffee plants and plant parts, used coffee-related packing materials, and previously-used equipment used to harvest, transport, or process coffee plants or plant parts from a CLR-infested island or area to non-infested islands or areas to prevent CLR movement.  The interim rules also require mitigation and decontamination measures by the permittee and inspection by HDOA PQB inspectors prior to shipping.  Inspectors will either attach a tag, label, or stamp to indicate the shipment passes inspection requirements.  A copy of the proposed interim with expanded quarantine areas of Lanai and Oahu is enclosed as Attachment B.

If you need more information about the quarantine or permit requirements, please call

Mr. Lance Sakaino, PQB Plant Specialist, at (808) 832-0566 or email: [email protected].

Sincerely,

Jonathan Ho, Acting Manager
Plant Quarantine Branch
Hawaii Department of Agriculture

Appendix A – PQ Interim Rule 20-1
Appendix B – PQ Interim Rule 20-1 with Lanai and Oahu expanded quarantine zones

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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: http://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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