Hawaii Revised Statutes, Chapter 194 — Invasive Species Council

Division 1. Government — Title 12. Conservation and Resources

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 12 Conservation and Resources

Chapter 194 Invasive Species Council

§194-1 Definitions.]

As used in this [chapter], unless the context requires otherwise:

"Council" means the [invasive species council].

"Department" means any entity that is a member of the [invasive species council] established under section [194-2(a)].

[L 2003, c 85, §2; am L 2004, c 10, §16; am L 2006, c 109, §2]

§194-2 [Establishment of council; duties.]

(a) There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful. The council shall:

(1) Maintain a broad overview of the invasive species problem in the State;

(2) Advise, consult, and coordinate invasive species-related efforts with and between the departments of agriculture and biosecurity, land and natural resources, health, and transportation, as well as state, federal, international, and privately organized programs and policies;

(3) Identify and prioritize each lead agency's organizational and resource shortfalls with respect to invasive species;

(4) After consulting with appropriate state agencies, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species; provided that the appropriate state agencies shall collaborate with the counties and communities to develop and implement a systematic approach to reduce and control coqui frog infestations on public lands that are near or adjacent to communities, and shall provide annual reports on the progress made in achieving this objective;

(5) Coordinate and promote the State's position with respect to federal issues, including:

(A) Quarantine preemption;

(B) International trade agreements that ignore the problem of invasive species in Hawaii;

(C) First class mail inspection prohibition;

(D) Whether quarantine of domestic pests arriving from the mainland should be provided by the federal government;

(E) Coordinating efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks, including deputizing the United States Department of Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;

(F) Promoting the amendment of federal laws as necessary, including the Lacey Act Amendments of 1981, Title 16 United States Code sections 3371-3378; Public Law 97-79, and laws related to inspection of domestic airline passengers, baggage, and cargo; and

(G) Coordinating efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;

(6) Identify and record all invasive species present in the State;

(7) Designate the department of agriculture and biosecurity, health, or land and natural resources as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

(8) Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;

(9) Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;

(10) Advise the governor and legislature on budgetary and other issues regarding invasive species;

(11) Provide annual reports on budgetary and other related issues to the legislature twenty days prior to each regular session;

(12) Include and coordinate with the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;

(13) Review state agency mandates and commercial interests that sometimes call for the maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other values;

(14) Review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes;

(15) Suggest appropriate legislation to improve the State's administration of invasive species programs and policies;

(16) Incorporate and expand upon the department of agriculture and biosecurity's weed risk assessment protocol to the extent appropriate for the council's invasive species control and eradication efforts; and

(17) Perform any other function necessary to effectuate the purposes of this chapter.

(b) The council shall be placed within the department of land and natural resources for administrative purposes only and shall be composed of:

(1) The president of the University of Hawaii, or the president's designated representative;

(2) The director, or the director's designated representative, of each of the following departments:

(A) Business, economic development, and tourism;

(B) Health; and

(C) Transportation; and

(3) The chairperson, or the chairperson's designated representative, of each of the following departments:

(A) Agriculture and biosecurity; and

(B) Land and natural resources.

(c) Representatives of federal agencies, the legislature, and members of the private sector shall be asked to participate or consulted for advice and assistance. Representatives of the legislature shall consist of eight members, as follows:

(1) Four senators, one from each county, to be selected by the senate president; and

(2) Four representatives, one from each county, to be selected by the speaker of the house of representatives.

(d) The council shall meet no less than twice annually to discuss and assess progress and recommend changes to the invasive species programs based on results of current risk assessments, performance standards, and other relevant data. Notwithstanding any law to the contrary:

(1) A simple majority of voting members of the council shall constitute a quorum to do business; and

(2) Any action taken by the council shall be by a simple majority of the voting members.

(e) The council shall submit a report of its activities to the governor and legislature annually.

[L 2003, c 85, §3; am L 2004, c 10, §16; am L 2006, c 109, §§1, 2; am L 2008, c 160, §1; am L 2025, c 236, §§17, 19]

§194-3 Lead agencies; accountability.]

A state department that is designated as a lead agency under section [194-2(a)(7)], with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that designated function of invasive species control. The lead agency shall:

(1) Coordinate all efforts between other departments and federal and private agencies to control or eradicate the designated invasive species;

(2) Prepare a biennial multidepartmental budget proposal for the legislature forty days before the convening of the regular session of the legislature in each odd-numbered year, showing the budget requirements of each of the lead agency's assigned invasive species function that includes the budget requirements of all departments that it leads for that species, as well as other federal and private funding for that invasive species;

(3) Prepare and distribute an annual progress report forty days prior to the convening of each regular session of the legislature to the governor and the legislature that includes the status of each assigned function; and

(4) Any other function of a lead agency necessary to effectuate the purposes of this [chapter].

[L 2003, c 85, §4; am L 2004, c 10, §16; am L 2006, c 109, §2]

§194-4 Relation of chapter to other laws.]

Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this [chapter], a department is authorized to examine, control, and eradicate all instances of invasive species identified by the council for control or eradication and found on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.

[L 2003, c 85, §5; am L 2004, c 10, §16; am L 2006, c 109, §2]

§194-5 [Entry; private property.]

(a) Whenever any invasive species identified by the council for control or eradication is:

(1) Found on private property; or

(2) Reasonably suspected to be on private property, based on the results of systematic surveys or reports or proximity to known populations,

regardless of whether the presence of the invasive species is due to natural dispersal from neighboring or nearby properties or to intentional establishment by the owner, tenant, or occupant of the property, a department or applicable county, or its employees or authorized agents may enter the premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to the court order in subsection (d).

(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State. If the owner resides out of the State or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.

(c) The department or applicable county, or its employees or authorized agents may instead cause notice to be given, and order the owner to control or eradicate the invasive species, if the species was intentionally and knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within a reasonable time as the department or county may deem proper, pursuant to the notice requirements of this section.

(d) If the owner thus notified fails to comply with the order of the department, the applicable county, or its employee or authorized agent, within the time specified by the department or county, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable subsection (b), the department, the applicable county, or its employee or authorized agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member, county employee, or agent in gaining entry onto the premises, and executing measures to control or eradicate the invasive species.

(e) The department or applicable county may recover by appropriate proceedings the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the department's or county's order.

(f) In no case shall the department, the county, or any officer, employee, or authorized agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter.

[L 2003, c 85, §6; am L 2004, c 10, §16; am L 2006, c 109, §2; am L 2017, c 182, §3; am L 2019, c 197, §2]

§194-6 Entry; public property.]

(a) Whenever any invasive species is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the department or its agent, as the case may be, to the person officially in charge thereof, and the person shall be reasonably notified and ordered by the department to control or eradicate the invasive species.

(b) In case of a failure to comply with the order, the mode of procedure shall be the same as provided in case of private persons in section [194-5].

[L 2003, c 85, §7; am L 2004, c 10, §16; am L 2006, c 109, §2]

§194-7 Rules.]

The invasive species council may adopt rules pursuant to chapter 91, to effectuate this [chapter].

[L 2003, c 85, §8; am L 2004, c 10, §16; am L 2006, c 109, §2]