PUBLIC HEARING NOTICE

Pursuant to Chapter 91, Hawaii Revised Statutes (HRS), notice is hereby given that the Hawaii Invasive Species Council (HISC) will hold a public hearing on the proposed adoption of a new subtitle 14, of title 13 of the Hawaii Administrative Rules (HAR), including new chapter 13-325, “General Provisions” and new chapter 13-326 “Control and Eradication of Invasive Species.” The new subtitle includes the following:

1. Chapter 325 contains 3 sections that set out the general provisions as follows:
– Section 325-1 “Purpose” sets out that the purpose of the rules is to implement HISC authorities under chapter 194 HRS.
– Section 325-2 “Definitions” sets out the definitions for the subtitle.
– Section 325-3 “Relationship to other laws” clarifies that the proposed rules may not be construed to limit existing authorities.

2. Chapter 326 contains 6 sections that are related to the authority of HISC departments, the counties, and their agents to carry out actions to control or eradicate invasive species identified by the HISC, as follows:
– Section 326-1 “Invasive species identified by the council for control or eradication” sets out the list of invasive species identified by HISC for control or eradication (identified species).
– Section 326-2 “Requirements for control or eradication on private property” sets out the requirements for a HISC department or country or an agent to control or eradicate an identified species on private property.
– Section 326-3 “Notice” sets out the requirements for notice to a private property owner, or tenant or occupant, before control or eradication actions may be carried out on the private property.
– Section 326-4 “Requirement for control or eradication by private property owner” authorizes a HISC department or county or their agent to order a private property owner to control or eradicate an identified species if the identified species was intentionally and knowingly established on the private property.
– Section 326-5 “Requirements for control or eradication on public property” sets out the requirements for a HISC department or its agent to order an entity in charge of State or county property to control or eradicate an identified species on the public property.
– Section 326-6 “Warrants” sets out the requirements for a HISC department or county to seek a warrant to carry out a control or eradication action on private or public property without the consent of the property owner, tenant, occupier, or entity in charge, as appropriate.

Interested persons are urged to participate in the public hearings to present relevant information and individual opinions for HISC to consider. In addition, HISC is seeking testimony from any person on any Native Hawaiian traditional or customary rights or practices that may be impacted by the adoption of the proposed subtitle 14 of title 13, HAR.

The public hearing will be held as follows:

Wednesday, September 25, 2024, at 6:00 – 7:30 pm

All interested persons are invited to participate and present testimony on the proposed rules, either verbally or in writing. There are three ways to participate: online via internet or telephone; in-person at the host location; or by written testimony.

1. Online Testimony: Persons can present live video/oral testimony via internet or telephone at the online public hearing via Zoom. To participate, you will need a computer with internet access, video camera, and microphone, or a telephone. If you wish to testify online, you may access the Zoom link for the hearing:

https://us06web.zoom.us/j/82767279771?pwd=PUFnOL4uP0ZPkVd cpjbgpYJblSDAFk.1

Meeting ID: 827 6727 9771
Passcode: 272674

Find your local number: https://us06web.zoom.us/u/ktC8pka9j

2. In-person Testimony: Any person may attend the public hearing in person to present live testimony at the DLNR Board Room located at HISC, 1151 Punchbowl Street, Room 132, Honolulu, HI 96813. The room is located at street level on the outside on the makai (ocean) end of the Kalanimoku Building. Street parking is available near the building. The public lot at Kalanimoku is will be closed at this time. If you need special accommodations for parking, please email chelsea.l.arnott@hawaii.gov or call Chelsea at 808-586-0400.

3. Written testimony: Any person can mail or email written testimony prior to the public hearing to: HISC, 1151 Punchbowl Street, Room 325, Honolulu, HI 96813, or by email to chelsea.l.arnott@hawaii.gov. Please put the word “Testimony” in the subject line when submitting by email.

Anyone with a hearing impairment who desires to testify, may request assistance of a sign language interpreter. The request will need to be received at least seven days before the hearing date. Please email Chelsea.l.arnott@hawaii.gov or call Chelsea at 808-586-0400.

The proposed rules may be reviewed by accessing the HISC website at https://dlnr.hawaii.gov/hisc/proposed-administrative-rules/ or in person, by appointment only, Monday through Friday (except holidays) from 8:00 am to 3:30 pm, at the HISC office at 1151 Punchbowl St. Room 325, Honolulu, Hawaii 96813. To schedule an appointment to review the proposed rules in person, email chelsea.l.arnott@hawaii.gov or call Chelsea at 808-586-0400.

A copy of the proposed rules will be mailed at no charge upon receipt of verbal or written request. A request may be made in writing (to the HISC address in the preceding paragraph), or by calling Chelsea 808-586-0400 in Honolulu.

Dawn N. S. Chang
Co-Chair
Hawaii Invasive Species Council

(SA1465926 8/25/24)