Haw. Code R. § 13-107-6 - Commercial-use plant species

(a) All threatened and endangered plant species from garden-grown stock can be used commercially. Petitions to exclude certain threatened and endangered plant species from being used commercially must be submitted in writing to the department.

(b) The petition will be referred to a committee composed of a minimum of five members who are knowledgeable of the biological conditions required to grow threatened and endangered plants, which shall include at least one nursery association representative, one from the native Hawaiian community knowledgeable in traditional arts and religious practices, and one citizen at large knowledgeable in the cultivation and use of native plants. The committee shall evaluate, based upon the best knowledge available, whether commercial use of a plant species will endanger wild populations of that or any other native plant species, and will make recommendations to the department, which will approve or deny these petitions.

(c) The petitioner will be responsible for obtaining the information needed by the committee to make a recommendation as to the status of a plant species.

(d) The committee will review commercial-use plant species two years after the initial recommendation, make a second recommendation five years after the initial recommendation and every two years thereafter to recommend continuing, denying, or excluding plant species from commercial use based upon chapter 195D, HRS, protection of the wild populations, enforcement issues, and enhancement of the plant species. The committee may, however, review any plant species at anytime.

(e) Commercial-use plants may only be sold if accompanied by a tag provided by the department. Each plant must have a tag which will be sold to licensees at cost and to commercial vendors with a surcharge to cover administrative expenses. The tag will indicate to the department, the vendor, and the buyer that the plant is from garden-grown stock and not from a wild population.

(f) Accidental death of plants sold with a tag will not be subject to penalty under this chapter.

Notes

Haw. Code R. § 13-107-6

[Eff ] (Auth: HRS §§ 195D-3, 195D-4, 195D-6) (Imp: HRS §§ 195D-3, 195D-4, 195D-6, 50 CFR §§17.12)