SB 1171: RELATING TO INVASIVE SPECIES.

A BILL FOR AN ACT

relating to invasive species.

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

     SECTION 1.  Section 141-17, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§141-17[]]  Fine meshed nets; invasive species; permissible; rules.  (a)  Notwithstanding any other law to the contrary, fine meshed nets, including monofilament netting of an appropriate mesh size, may be used for the protection of plants against invasive species, as determined by the department of agriculture; provided that the fine meshed nets shall be applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals, including but not limited to pollinators, ladybugs or lady beetles, and net-winged insects.

     (b)  The department of agriculture shall adopt rules in accordance with chapter 91 to implement this section, including but not limited to establishing requirements related to filament diameter, color, and the inclusion of visual cues to prevent non-targeted entanglement [and]; prohibiting the use of mist net material [that is used] designed for bird work[.]; and allowing the distribution and sale of fine meshed nets, including monofilament netting of an appropriate mesh size, to protect plants from invasive species."

     SECTION 2.  The department of agriculture shall establish a netting distribution program to provide monofilament netting of an appropriate mesh size, free of charge, to the public to slow the growth and spread of coconut rhinoceros beetles in the State.  The department of agriculture shall be responsible for the distribution of the netting.  The netting shall be visible and applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals.

     SECTION 3.  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 establishment and implementation of the program established pursuant to section 2 of this Act.

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

DOA; Rules; Fine Mesh Nets; Free Net Program; Monofilament Netting; Coconut Rhinoceros Beetle; Appropriations

Description:

Requires the Department of Agriculture to establish rules allowing the sale and distribution of fine mesh nets in the State to protect plants from invasive species.  Requires DOA to establish a program to provide certain monofilament netting free of charge to the public to slow the growth and spread of coconut rhinoceros beetles in the State.  Appropriates funds.  Effective 7/1/2050.  (SD1)

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 invasive species.

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

     SECTION 1.  Section 141-17, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§141-17[]]  Fine meshed nets; invasive species; permissible; rules.  (a)  Notwithstanding any other law to the contrary, fine meshed nets, including monofilament netting of one-half to three-inch mesh, may be used for the protection of plants against invasive species, as determined by the department of agriculture; provided that the fine meshed nets shall be applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals, including but not limited to pollinators, ladybugs or lady beetles, and net-winged insects.

     (b)  The department of agriculture shall adopt rules in accordance with chapter 91 to implement this section, including but not limited to establishing requirements related to filament diameter, color, and the inclusion of visual cues to prevent non-targeted entanglement; [and] prohibiting the use of mist net material that is used for bird work[.]; and allowing the distribution and sale of monofilament netting of one-half to three-inch mesh to prevent the spread of coconut rhinoceros beetles."

     SECTION 2.  (a)  The department of agriculture shall establish a program to provide monofilament netting of one-half to three-inch mesh, free of charge, to the public through local hardware stores to slow the growth and spread of coconut rhinoceros beetles in the State.  The department of agriculture shall supply local hardware stores with the nets and informational pamphlets on the use of the nets.

     (b)  The informational pamphlets shall contain wording substantially similar to the following:

     "Net Specifics: Monofilament netting has been shown to entangle and exclude coconut rhinoceros beetles, but it does allow some through.  Use multiple loose layers of one-half to three-inch mesh."

     (c)  The department of agriculture may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary to implement this section.

     SECTION 3.  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 establishment and implementation of the program established pursuant to section 2 of this Act.

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

DOA; Rules; Monofilament Netting; Coconut Rhinoceros Beetle; Free Net Program; Appropriations

Description:

Requires the Department of Agriculture to establish a program to provide certain monofilament netting free of charge to the public through local hardware stores to slow the growth and spread of coconut rhinoceros beetles in the State.  Requires the DOA to establish rules allowing the sale and distribution of certain monofilament netting in the State.  Appropriates funds.

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. 265

Honolulu, Hawaii

RE:    S.B. No. 1171

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 1171 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of Agriculture to establish rules allowing the sale and distribution of monofilament netting of one-half to three-inch mesh in the State;

     (2)  Require the Department of Agriculture to establish a program to provide monofilament netting of one-half to three-inch mesh, free of charge to the public, through local hardware stores to slow the growth and spread of coconut rhinoceros beetles in the State; and

     (3)  Appropriate funds.

     Your Committee received testimony in support of this measure from the University of Hawaiʻi System, Hawaii Invasive Species Council, Hawaiʻi Farmers Union United, Hawaiʻi Farm Bureau, and two individuals.

     Your Committee received comments on this measure from the Department of Agriculture and Department of Land and Natural Resources.

     Your Committee finds that the coconut rhinoceros beetle is a major pest of coconut palms and other valuable crops.  Your Committee recognizes that treatment options are still relatively limited for managing coconut rhinoceros beetle infestations.  According to testimony received by your Committee, netting is a simple, yet effective management and detection tool for coconut rhinoceros beetles that can be applied on trees when pesticides cannot be used.  This measure therefore promotes access to certain resources to help mitigate further damage and prevent the beetle's spread to other islands.

     Your Committee has heard concerns that the specificity of monofilament netting of one-half to three-inch mesh not only would limit the ability of the netting to protect appropriate plants, but also does not comply with federal and state pesticides laws and rules.  Further, the Department of Agriculture should be responsible for initial net distribution directly to individuals, rather than hardware stores, to ensure individuals in most critical need are getting the nets and are able to appropriately use them.  In addition, the language required in the informational pamphlets to be distributed would not allow the Department to adjust should new netting materials, mesh size, or application procedures be refined or discovered.  Amendments to this measure are therefore necessary to address these issues.

     Accordingly, your Committee has amended this measure by:

     (1)  Replacing references to "one-half to three-inch mesh" with "an appropriate mesh size";

     (2)  Clarifying that rules adopted by the Department of Agriculture shall allow the sale and distribution of fine meshed nets in the State to protect plants from invasive species;

     (3)  Deleting language that would have:

          (A)  Required the Department of Agriculture to provide the free monofilament netting to the public through hardware stores;

          (B)  Required the Department of Agriculture to supply informational pamphlets on the use of the free monofilament netting; and

          (C)  Authorized the Department of Agriculture to adopt administrative rules to establish a program to provide free monofilament netting;

     (4)  Inserting language requiring the Department of Agriculture to establish a netting distribution program to provide monofilament netting of an appropriate size, free of charge, to the public and making the Department responsible for the distribution of the netting;

     (5)  Inserting language that requires the free monofilament netting to be visible and applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals;

     (6)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1171, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1171, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,