Haw. Code R. § 4-72-4.5 - Designation of infested areas; expansion

(a) The area of infestation as designated by rule, including interim rule, may be expanded by the board to reflect the spread of a specific pest infestation in order to implement quarantine measures to prevent movement of the pest and its plant or commodity hosts from the expanded area of infestation to restricted areas, provided that:

(1) The board first obtains advice from qualified persons with relevant expertise, but need not obtain advisory committee review;

(2) The board designates the expanded infested area, identifying the revised geographical extent of the infestation;

(3) The board's action occurs at a meeting on the island where the new infestation has occurred, following written notice of the proposed board designation to industry groups likely to be affected;

(4) The department issues a press release and written notice of the designation of expansion of the infested area to affected industry groups prior to the effective date of designation of expanded infested area; and

(5) Notice of the board's action, including its effective date, is posted by the following day on the department's website and is given in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide within twelve days of the board's action.

(b) The board's designation of an expanded infested area shall be effective the day following the board's action, unless a later effective date is specified by the board's action.

Notes

Haw. Code R. § 4-72-4.5

[Eff and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)