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Notice #: 0001450915-01
Public Notices

HAWAII DEPARTMENT OF AGRICULTURE

Notice of Interim Rule Designating Areas of the Island of Oahu as Little Fire Ant Infested Areas and Subject to Quarantine

On March 26, 2024, the Chairperson of the Board of Agriculture (Chairperson) approved interim rule 24-1, which authorizes the Hawaii Department of Agriculture (HDOA), Plant Quarantine Branch (PQB) to restrict the movement of agricultural commodities, including, but not limited to live plants, propagative plant parts, cut flowers, fruits, vegetables, green waste, and plant propagation media from a little fire ant (LFA), Wasmannia auropunctata, quarantine area on the island of Oahu, to non-quarantined areas on Oahu, unless subjected to a treatment witnessed and approved by the HDOA. The rule is effective March 26, 2024 and shall be effective for not more than one year from the effective date.

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 findings of LFA in multiple locations on Oahu and after a finding by the Advisory Committee on Plants and Animals on March 11, 2024 that the rapid spread of LFA on Oahu constitutes an emergency, it was determined HDOA may designate and implement quarantine areas and measures within the island of Oahu that are necessary to prevent the spread of LFA to non-quarantined areas on Oahu and subsequently to other islands within the state where LFA is not known to be established.

Pursuant to interim rule 24-1, the designation of a LFA quarantined area on the island of Oahu means the movement of agricultural commodities including, but not limited to live plants, propagative plant parts, cut flowers, fruits, vegetables, green waste, and plant propagation media from an LFA quarantined area on Oahu is prohibited unless subjected to a treatment witnessed and approved by the HDOA, prior to movement to a non-quarantined area.

The HDOA may designate a LFA quarantined area on the island of Oahu upon the determination that the area, or the agricultural commodities therein, are infested with LFA. All other areas on the island of Oahu are considered to be non-quarantined areas.

This interim rule does not impose additional restrictions on the movement of approved nursery stock material originating from a HDOA certified nursery; unsprouted seeds with no other plant parts attached or planting medium; processed plant products intended for consumption, such as fruits, nuts, edible leaves, leaves used for cooking, and spices, provided the plant products have been subjected to a process such as washing, cutting, drying or peeling prior to movement and have been stored in such a way to prevent subsequent LFA infestation; and for agricultural products used for research, scientific studies, or other diagnostic purposes, at facilities approved by the HDOA, provided these agricultural products meet containment measures determined by the HDOA.

The quarantine restrictions apply to all Oahu nurseries, farms, retailers, businesses, and any other individual or entity that transports agricultural commodities from a LFA quarantined area on Oahu to a non-quarantined area.

The interim rule can be found here:

https://hdoa.hawaii.gov/wp-content/uploads/2024/03/LFA-Interim-Rule-Chair-Signature-Final_03.26.24_signed.docx.pdf

(1450915_WHT/TGI 4/06/24 SA/HTH 4/07/24)