Public Notices

March 7, 2018

PUBLIC NOTICE OF NEGOTIATION FOR LEASE OF NON-AGRICULTURAL PARK LANDS ISLAND OF OAHU

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, or by calling the following toll free numbers from: Kauai, 274-3141, ext. 39473; Maui, 984-2400, ext. 39473; Molokai and Lanai, 1 800-468-4644, ext. 39473; or on Oahu, 973-9473, 7:45 a.m. to 4:30 p.m., Monday through Friday, except holidays.

Information is also available on the DOA’s website at http://hawaii.gov/hdoa. Application forms shall be filed with the ARMD at 1428 S. King Street, Honolulu, Hawaii 96814 no later than 3:00 p.m., April 9, 2018. 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 §4-15828, 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 §4-15820, HAR, Additional terms and conditions. The awardee shall be required to attend and successfully complete a half-day workshop covering topics including conservation planning, review of the lease contract, and other related matters, attain cooperative status with the respective Soil and Water Conservation District, submit a Conservation Plan (“CP”) approved by the USDA Natural Resources Conservation Service or its designated representative, and prepare a Plan of Utilization and Development (“PUD”) for the lot according to criteria established by the DOA and submit the CP and PUD for review and approval. Further, 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 above conditions. Upon successful completion of the conditions, the lease will be executed and issued; until then, the awardee shall have no interest in the subject lot. In the event the above 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. 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 have 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(s) in accordance with applicable county regulations and lease provisions.

Parcel to be disposed of includes:

ITEM I: LOCATION: Waimanalo Agricultural Lands, Koolaupoko, Waimanalo, Island of Oahu; 1st Div. (Oahu) 4-1-010:046; AREA: 5.137 gross acres; TERM: 35 years; UPSET MINIMUM ANNUAL RENTAL: $7,320.00 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.

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 conditions 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 office below: 1428 S. King Street, Honolulu, HI 96814-2512 Tel. 973-9473 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. Scott E. Enright, Chairperson Board of Agriculture
March 9, 2018 (SA1078817 3/8/18)

To download this public notice, click here.
To download the application form, click here.

 

March 7, 2018

PUBLIC NOTICE OF NEGOTIATION FOR LEASE OF WAIANAE AGRICULTURAL PARK ISLAND OF OAHU

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, or by calling the following toll free numbers from: Kauai, 274-3141, ext. 39473; Maui, 984-2400, ext. 39473; Molokai and Lanai, 1 800-468-4644, ext. 39473; or on Oahu, 973-9473, 7:45 a.m. to 4:30 p.m., Monday through Friday, except holidays.

Information is also available on the DOA’s website at http://hawaii.gov/hdoa. Application forms shall be filed with the ARMD at 1428 S. King Street, Honolulu, Hawaii 96814 no later than 3:00 p.m., April 23, 2018. 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 §4-153-1, 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, l icense, 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 §4-153-5, 13 & 15, HAR, Application requirements and be subject to §4-153-16, 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 §4-15332, HAR, Additional terms and conditions. The awardee shall be required to attend and successfully complete a half-day workshop covering topics including conservation planning, review of the lease contract, and other related matters, attain cooperative status with the respective Soil and Water Conservation District, submit a Conservation Plan (“CP”) approved by the USDA Natural Resources Conservation Service or its designated representative, and prepare a Plan of Utilization and Development (“PUD”) for the lot according to criteria established by the DOA and submit the CP and PUD for review and approval. Further, 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 §4-153-6 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 above conditions. Upon successful completion of the conditions, the lease will be executed and issued; until then, the awardee shall have no interest in the subject lot(s). In the event the above 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 list of parcel(s). 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 §4-15333, 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(s) The lot(s) have 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(s) will require clearing and grading before any agricultural activity can commence and will be leased on an “as is” basis. It is the awardee’sresponsibility to inspect and develop the lot(s) in accordance with applicable county regulations and lease provisions.

Parcels to be disposed of include:

ITEM I: LOCATION: Lot 2, Waianae Agricultural Park, 85-585 Piliuka Place, Waianae, Island of Oahu; 1st Div. (Oahu) 8-5-034:002; AREA: 10.240 gross acres (5.7 net useable acres); TERM: 45 years; UPSET MINIMUM ANNUAL RENTAL: $3,330.00 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 II: LOCATION: Lot 13, Waianae Agricultural Park, 85-1012 Kawiwi Place, Waianae, Island of Oahu; 1st Div. (Oahu) 8-5-034:013; AREA: 8.160 gross acres (7.2 net useable acres); TERM: 45 years; UPSET MINIMUM ANNUAL RENTAL: $4,700.00 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: Lot 16, Waianae Agricultural Park, 648 Piliuka Place, Waianae, Island of Oahu; 1st Div. (Oahu) 8-5-034:016; AREA: 6.429 gross acres (4.6 net useable acres); TERM: 45 years; UPSET MINIMUM ANNUAL RENTAL: $3,630.00 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 IV: LOCATION: Lot 17, Waianae Agricultural Park, 85-680 Piliuka Place, Waianae, Island of Oahu; 1st Div. (Oahu) 8-5-034:017; AREA: 9.489 gross acres (6.ooo net useable acres); TERM: 45 years; UPSET MINIMUM ANNUAL RENTAL: $3,440 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.

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 conditions describing the terms and conditions, property map, lot descriptions, and Chapter 4-153, HAR, are available on the DOA’s website or may be examined at the office below: 1428 S. King Street, Honolulu, HI 96814-2512 Tel. 973-9473 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.

Scott E. Enright, Chairperson Board of Agriculture
March 8, 2018 (SA1078854 3/8, 3/15, 3/22/18)

To download this public notice, click here.
To download the application form, click here.

 


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