Public Notices

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]

Fax:     (808) 832-0582

Mail:    1849 Auiki Street, Honolulu, Hawaii 96819

A printed copy of the proposed order and proposed rule 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 rule 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

Phone: (808) 832-0566

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

 

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

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 http://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

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

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.

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

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].

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

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.

 

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