HB 47: RELATING TO AQUACULTURE.

A BILL FOR AN ACT

RELATING TO AQUACULTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§141-     Aquatic livestock import assessment and approval process; rules.  The division of animal industry may adopt, amend, and repeal rules not inconsistent with law to develop an assessment and approval process to import and move aquatic livestock in the State.  This process shall:

     (1)  Be based on the framework maintained by the department pursuant to this chapter and chapter 142;

     (2)  Include pre-arrival disease testing requirements, entry inspection, and post-arrival inspection; and

     (3)  Require quarantine or depopulation of any aquatic animals as necessary."

     SECTION 2.  Section 141-51, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Aquatic livestock" means various species of domestic and non-domestic fish, crustaceans, and mollusks that are propagated and raised for food, restorative activities, or similar commercial purposes.

     "Biocontainment" means the methods, procedures, facility features, and containment or safety equipment for infectious materials and animals in the aquatic livestock environment where these materials and animals are potentially handled or maintained.  "Biocontainment" includes preventing the release of infectious animal species and associated pathogens into the environment.

     "Biological aquatic risk" means the combination of the consequences of an event and the associated likelihood of its occurrence, where biological material is the source of harm, whether from an escaped aquatic livestock species or associated pathogens or disease."

     SECTION 3.  Section 141-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the department an aquaculture program that shall:

     (1)  Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

     (2)  Serve as an information clearinghouse for aquaculture activities;

     (3)  Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;

     (4)  Actively seek federal funding for aquaculture activities;

     (5)  Undertake activities required to develop and expand the aquaculture industry[; and], which shall include:

          (A)  Developing a biological aquatic risk-based framework for an assessment and approval process for aquatic livestock that categorizes aquatic livestock species based on the probability and consequence of the establishment of a feral population under the direction and oversight of the state aquaculture veterinarian; and

          (B)  Developing biocontainment standards that establish physical and operational requirements; and

     (6)  Perform other functions and activities that may be assigned by law."

     SECTION 4.  Section 161-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§161-6[]]  Division of animal industry.  The division of animal industry of the department of agriculture shall administer this chapter subject to the supervision of the board.  The board may delegate any of its powers under this chapter, except the power to make rules and regulations[,] other than rules pursuant to section 141-   , or may direct any of its duties to be performed by any appropriate agents, officers, or employees of the board.

     The board may employ on a full or part-time basis veterinarians and poultry inspectors, subject to chapter 76, to carry out a uniform inspection system of poultry or poultry products throughout the State.  All poultry inspectors shall be under the supervision and control of a veterinarian employed by the board."

     SECTION 5.  The division of animal industry shall develop a biological aquatic risk-based framework for the assessment and approval process to import and move aquatic livestock in the State.  In developing the framework, the division of animal industry shall consider:

     (1)  Relevant standards established by the United States Department of Agriculture;

     (2)  Current aquatic livestock policies and development issues;

     (3)  Best practices of the aquaculture industry; and

     (4)  The protection of indigenous species as defined in section 195D-2, Hawaii Revised Statutes.

Furthermore, the framework shall provide that each aquatic animal import permit valid on the effective date of this Act and that were vetted in public hearing and approved by the plant and animal committee and the board of agriculture shall be carried over to the division of animal industry and remain in force.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the division of animal industry to develop a biological aquatic risk-based framework pursuant to the requirements of this Act.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000.

Report Title:

DOA; Division of Animal Industry; Aquaculture Program; Import Assessment; Biological Aquatic Risk-Based Framework; Biocontainment Standards; Aquatic Livestock; Appropriation

Description:

Authorizes the Division of Animal Industry of the Department of Agriculture to adopt, amend, and repeal rules to develop an assessment and approval process to import and move aquatic livestock in the State.  Requires the Aquaculture Program to develop a risk-based framework and biocontainment standards for the aquatic livestock assessment and approval process.  Appropriates funds.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO AQUACULTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§141-     Aquatic livestock import assessment and approval process; rules.  The division of animal industry may adopt, amend, and repeal rules not inconsistent with law to develop an assessment and approval process to import and move aquatic livestock in the State.  This process shall:

     (1)  Be based on the framework maintained by the department pursuant to this chapter and chapter 142;

     (2)  Include pre-arrival disease testing requirements, entry inspection, and post-arrival inspection; and

     (3)  Require quarantine or depopulation of any aquatic animals as necessary."

     SECTION 2.  Section 141-51, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Aquatic livestock" means various species of domestic and non-domestic fish, crustaceans, and mollusks that are propagated and raised for food, restorative activities, or similar commercial purposes.

     "Biocontainment" means the methods, procedures, facility features, and containment or safety equipment for infectious materials and animals in the aquatic livestock environment where these materials and animals are potentially handled or maintained.  "Biocontainment" includes preventing the release of infectious animal species and associated pathogens into the environment.

     "Biological aquatic risk" means the combination of the consequences of an event and the associated likelihood of its occurrence, where biological material is the source of harm, whether from an escaped aquatic livestock species or associated pathogens or disease."

     SECTION 3.  Section 141-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the department an aquaculture program that shall:

     (1)  Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

     (2)  Serve as an information clearinghouse for aquaculture activities;

     (3)  Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;

     (4)  Actively seek federal funding for aquaculture activities;

     (5)  Undertake activities required to develop and expand the aquaculture industry[; and], which shall include:

          (A)  Developing a biological aquatic risk-based framework for an assessment and approval process for aquatic livestock that categorizes aquatic livestock species based on the probability and consequence of the establishment of a feral population; and

          (B)  Developing biocontainment standards that establish physical and operational requirements; and

     (6)  Perform other functions and activities that may be assigned by law."

     SECTION 4.  Section 161-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§161-6[]]  Division of animal industry.  The division of animal industry of the department of agriculture shall administer this chapter subject to the supervision of the board.  The board may delegate any of its powers under this chapter, except the power to make rules and regulations[,] other than rules pursuant to section 141-   , or may direct any of its duties to be performed by any appropriate agents, officers, or employees of the board.

     The board may employ on a full or part-time basis veterinarians and poultry inspectors, subject to chapter 76, to carry out a uniform inspection system of poultry or poultry products throughout the State.  All poultry inspectors shall be under the supervision and control of a veterinarian employed by the board."

     SECTION 5.  The division of animal industry shall develop a biological aquatic risk-based framework for the assessment and approval process to import and move aquatic livestock in the State.  In developing the framework, the division of animal industry shall consider:

     (1)  Relevant standards established by the United States Department of Agriculture;

     (2)  Current aquatic livestock policies and development issues;

     (3)  Best practices of the aquaculture industry; and

     (4)  The protection of indigenous species as defined in section 195D-2, Hawaii Revised Statutes.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the division of animal industry to develop a biological aquatic risk-based framework pursuant to the requirements of this Act.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000.

Report Title:

DOA; Division of Animal Industry; Aquaculture Program; Import Assessment; Biological Aquatic Risk-Based Framework; Biocontainment Standards; Aquatic Livestock; Appropriation

Description:

Authorizes the Division of Animal Industry of the Department of Agriculture to adopt, amend, and repeal rules to develop an assessment and approval process to import and move aquatic livestock in the State.  Requires the Aquaculture Program to develop a risk-based framework and biocontainment standards for the aquatic livestock assessment and approval process.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to aquaculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§141-    Aquatic livestock import assessment and approval process; rules.  The division of animal industry shall have the power to adopt, amend, and repeal rules not inconsistent with law, to develop an assessment and approval process to import and move aquatic livestock in the State.  This process shall:

     (1)  Be based on the framework maintained by the department pursuant to this chapter and chapter 142;

     (2)  Include pre-arrival disease testing requirements, entry inspection, and post-arrival inspection; and

     (3)  Require quarantine or depopulation of any aquatic animals as necessary."

     SECTION 2.  Section 141-51, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Aquatic livestock" means various species of domestic and non-domestic fish, crustaceans, and mollusks that are propagated and raised for food, restorative activities, or similar commercial purposes.

     "Biocontainment" means the methods, procedures, facility features, and containment or safety equipment for infectious materials and animals in the aquatic livestock environment where these materials and animals are potentially handled or maintained.  "Biocontainment" includes preventing the release of infectious animal species and associated pathogens into the environment.

     "Biological aquatic risk" means the combination of the consequences of an event and the associated likelihood of its occurrence, where biological material is the source of harm, whether from an escaped aquatic livestock species or associated pathogens or disease."

     SECTION 3.  Section 141-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the department an aquaculture program that shall:

     (1)  Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

     (2)  Serve as an information clearinghouse for aquaculture activities;

     (3)  Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;

     (4)  Actively seek federal funding for aquaculture activities;

     (5)  Undertake activities required to develop and expand the aquaculture industry[; and], which shall include:

          (A)  Developing a biological aquatic risk-based framework for an assessment and approval process for aquatic livestock that categorizes aquatic livestock species based on the probability and consequence of the establishment of a feral population; and

          (B)  Developing biocontainment standards that establish physical and operational requirements; and

     (6)  Perform other functions and activities that may be assigned by law."

     SECTION 4.  Section 161-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§161-6[]]  Division of animal industry.  The division of animal industry of the department of agriculture shall administer this chapter subject to the supervision of the board.  [The] Except as provided by section 141-  , the board may delegate any of its powers under this chapter, except the power to make rules and regulations, or may direct any of its duties to be performed by any appropriate agents, officers, or employees of the board.

     The board may employ on a full or part-time basis veterinarians and poultry inspectors, subject to chapter 76, to carry out a uniform inspection system of poultry or poultry products throughout the State.  All poultry inspectors shall be under the supervision and control of a veterinarian employed by the board."

     SECTION 5.  The division of animal industry shall develop a biological aquatic risk-based framework for the assessment and approval process to import and move aquatic livestock in the State.  In developing the framework, the division of animal industry shall consider:

     (1)  Relevant standards established by the United States Department of Agriculture;

     (2)  Current aquatic livestock policies and development issues;

     (3)  Best practices of aquaculture industry; and

     (4)  The protection of indigenous species as defined in section 195D-2, Hawaii Revised Statutes.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the division of animal industry to develop a biological aquatic risk-based framework pursuant to the requirements of this Act.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2025.

Report Title:

DOA; Division of Animal Industry; Aquaculture Program; Import Assessment; Biological Aquatic Risk-Based Framework; Biocontainment Standards; Aquatic Livestock; Appropriations

Description:

Authorizes the Division of Animal Industry of the Department of Agriculture to adopt, amend, and repeal rules to develop an assessment and approval process to import and move aquatic livestock in the State.  Requires the Aquaculture Program to develop a risk-based framework and biocontainment standards for the aquatic livestock assessment and approval process.  Makes appropriations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  527

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 47

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 47, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AQUACULTURE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Authorize the Division of Animal Industry of the Department of Agriculture to adopt, amend, and repeal rules to develop an assessment and approval process to import and move aquatic livestock in the State; and

     (2)  Require and appropriate funds for the Division of Animal Industry to develop that process through a biological aquatic risk-based framework.

     Your Committee received testimony in support of this measure from the Department of Agriculture; Hawaii Invasive Species Council; Agribusiness Development Corporation; Hawaiʻi Food+ Policy; Kowa Premium Foods Hawaii Corporation – Big Island Abalone; Hawaii Aquaculture and Aquaponics Association; Hawaiʻi Farm Bureau; Kohala Mountain Fish Company; Hawaiʻi Farmers Union; and two individuals.

     Your Committee finds that the State is home to some of the most unique and biodiverse marine ecosystems in the world.  However, these ecosystems are highly sensitive to external influences, including the introduction of non-native aquatic species.  Without a robust and comprehensive approval process, there is a significant risk of introducing invasive species, pathogens, or other harmful elements that could disrupt native habitats and harm local fisheries.  This measure provides authority for the development of a comprehensive assessment and approval process to protect the environment and resources.

     Your Committee has amended this measure by:

     (1)  Specifying that the development of the biological aquatic risk-based framework is to be under the direction and oversight of the State Aquaculture Veterinarian; and

     (2)  Specifying that aquatic animal import permits valid on the effective date of the measure and that were vetted in public hearing and approved by the Plant and Animal Committee and the Board of Agriculture shall be carried over to the Division of Animal Industry and remain in force.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 47, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 47, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  23

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 47

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 47 entitled:

"A BILL FOR AN ACT RELATING TO AQUACULTURE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Authorize the Division of Animal Industry of the Department of Agriculture to adopt, amend, and repeal rules to develop an assessment and approval process to import and move aquatic livestock in the State; and

     (2)  Require and appropriate funds for the Division of Animal Industry to develop that process through a biological aquatic risk-based framework.

     Your Committee received testimony in support of this measure from the Department of Agriculture; Agribusiness Development Corporation; Hawai‘i Farm Bureau; Hawai‘i Farmers Union United; and Hawaii Aquaculture and Aquaponics Association.

     Your Committee finds that Hawaii's aquaculture industry makes significant contributions to the State's economy in diversified agriculture.  By allocating resources toward the development of regulatory frameworks that prioritize sustainability and biosecurity, this measure ensures the protection of the State's local communities and natural resources while promoting growth in local aquaculture.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $1,000,000.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 47, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 47, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,