SB 2942: DAB; Rules; Fine Mesh Nets; Monofilament Netting; Coconut Rhinoceros Beetle

A BILL FOR AN ACT

relating to invasive species.

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

     SECTION 1.  The legislature finds that the coconut rhinoceros beetle can have devastating impacts on palm species that are foundational to the State's agricultural economy, cultural heritage, and ecosystems.  The use of fine meshed nets can be an effective means of preventing adult coconut rhinoceros beetles from accessing vulnerable plants, effectively mitigating their impact on local plants and the environment.  Additionally, fine mesh netting, meant for non-aquatic usage, is a regulated device for pest control under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C 136).

     The legislature further finds that even though Act 184, Session Laws of Hawaii 2024, authorizes the department of agriculture and biosecurity to adopt rules for the use of banned monofilament netting such power is only extended for bird keeping.  The legislature is concerned that, due to this limiting authority, the ability of the department to promulgate rules to allow for the sale of monofilament netting for coconut rhinoceros beetle interdiction may be thwarted.

     Accordingly, the purpose of this Act is to:

     (1)  Allow for the use of monofilament netting for purposes of protecting plants against invasive species under certain conditions; and

     (2)  Require the department of agriculture and biosecurity to establish rules allowing the sale and distribution of fine mesh nets in the State to protect plants from the coconut rhinoceros beetle.

     SECTION 2.  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 and biosecurity; 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 and biosecurity 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 mesh nets, including monofilament netting of an appropriate mesh size; provided that fine mesh nets may be sold solely for the purpose of protecting plants from the coconut rhinoceros beetle (Oryctes rhinoceros)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DAB; Rules; Fine Mesh Nets; Monofilament Netting; Coconut Rhinoceros Beetle

Description:

Requires the Department of Agriculture and Biosecurity to establish rules allowing the sale and distribution of fine mesh nets, including monofilament netting, in the State to protect plants from the coconut rhinoceros beetle.

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