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Hawaii's |
Restrictions on the
Importation Under authorization granted in Section 150A-9.5, Hawaii Revised Statutes (HRS), the Department of Agriculture hereby establishes this interim rule to impose a quarantine on the introduction of hosts of the red imported fire ant, Solenonsis invicta. Hosts known to spread the red imported fire ant are rooted plants or plant cuttings with soil or media attached and baled hay or baled straw from areas infested by the red imported fire ant. Areas determined to be infested by the red imported fire ant are the commonwealth of Puerto Rico in its entirety; the states of Alabama, Florida, Louisiana, and Mississippi, in their entirety; numerous counties and/or portions of counties within the states of Arkansas, California, Georgia, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas, as enumerated at section 301.81-3 of the United States Department of Agriculture, Animal and Plant Health Inspection Service's regulation regarding the imported fire ant, 7 CFR 301.81 et seq. ("RIFA"), as further amended by interim rule effective May 21, 1999. These RIFA-quarantined areas are incorporated herein by reference as "infested areas". Shipments of rooted plants or plant cuttings with soil or media attached from infested areas arriving at Hawaii ports of entry without federal or state RIFA compliance certification or limited permit will be refused entry at the port of entry. Should the transportation carrier be unable to return the rejected shipment to its origin, the shipment contents, including all packing materials, shall be destroyed. Shipments of rooted plants or plant cuttings with soil or media attached from an infested area which are accompanied by a federal or state RIFA compliance certificate or limited permit may be allowed to enter Hawaii, provided that the shipment is held for inspection in a Plant Quarantine Branch approved quarantine holding area for a minimum of five working days until released by a Plant Quarantine Inspector. Shipments of these host materials accompanied by a certificate of treatment (as defined in section 4-70-2, Hawaii Administrative Rules) affirming that the plants and plant cuttings in the shipment were treated with a RIFA-approved disinfestation treatment within ten days prior to shipment may be released for entry at the port of entry after inspection. The certificate shall indicate the common name of the product used for disinfestation treatment, active ingredient, application rate and treatment date. Shipments containing ten or fewer plants or plant cuttings are exempt from the requirement for RIFA compliance certificates or limited permits and minimum five-day inspection hold, provided that the shipment is subjected to one hundred percent inspection and is found free of the red imported fire ant. Shipments of baled hay or baled straw may be allowed to enter Hawaii, provided that the shipment is held for inspection in an approved inspection holding area for at least five working days until released by a Plant Quarantine Inspector. All costs and expenses incident to the movement and transportation of the shipment to the inspection holding area shall be borne by the importer or importer's agent. Shipments of baled hay and baled straw accompanied by documentation which clearly indicates that the shipment originates from a non-infested RIFA area may be released at the port of entry after inspection. Shipments of host materials (i.e. rooted plants or plant cuttings with soil or media attached, baled hay, and baled straw) originating from non-infested areas but which move through an infested area may be allowed entry into Hawaii without restriction other than inspection at the port of entry, provided that documentation accompanying the shipment or verification from the shipping state or county clearly indicates the origin of the host material, that the host material has not been commingled or combined with other materials so as to lose its identity as to origin, and that the shipment has been packaged and stored in a manner so as to prevent infestation. In any of the above-described scenarios, if, upon inspection, the red imported fire ant is detected, the shipment shall be returned to its origin or completely destroyed. Violation of this interim rule shall result in fines of not less than $100 and not more than $10,000 per violation. This interim rule is effective upon publication and shall be valid for no longer than 180 days or until rescinded. NOTE: This rule went into effect on July 19, 1999. |
