Resource Information

     
Importation of Plants and Animals  
     

Summary of Hawaii's Import Requirements

Importation of Live Organisms into Hawaii

Chapter 71: Plant and Non-Domestic Animal Quarantine; Non-Domestic
Animal and Microorganism Import Rules

 

Summary of Hawaii's Import Requirements

General Requirements:
Agriculture items include all plants, plant parts, animals, microorganism cultures, soil, and related containers and packing materials.

All agriculture items require inspection upon arrival into the State before the shipment is released to the importer to insure that they are free of pests or will not become pests themselves.

All individuals arriving in Hawaii must declare agriculture items brought into the State on the Plants and Animals Declaration Form and present these items for inspection to the Plant Quarantine Inspector in the port baggage claim area.

All transportation companies transporting agricultural items to Hawaii must notify the Plant Quarantine Inspector of these items and insure that all items, including cargo and mail, are available until the inspection is completed.

Plants, Plant Parts, and Soil:
Most plants are permitted into the State after inspection. However, Hawaii does not allow the following to be shipped into the State without prior arrangements for permit and/or quarantine, treatment, or certification:

1. Sugarcane and grass plants (bamboo, sod, lawn grass)
2. Pineapple and bromeliad plants and fruits.
3. Coffee plants and seeds.
4. Cruciferous root crops (radish, horseradish, rutabaga, turnip or daikon).
5. Orchid plants and bulbs.
6. Banana plants.
7. Passion fruit plants and seeds.
8. Pine plants (all Pinus species)
9. Coconut plants and parts, including nuts.
10. Corn and related plants and parts (broomcorn, sorghum, fresh
corn-on-the-cob).
11. Palm plants and seeds from the U.S.
12. Pulpy fruits from Florida or Puerto Rico.
13. Various noxious weeds (yellow nutsedge, blackberry, Madeira vine, spiny
tree cactus, quackgrass).
14. Sand, soil, or earth.

Live Non-Domestic Animals and Microorganisms:
Hawaii does not allow live, non-domestic animals and cultures of microorganisms to be shipped into the State without prior arrangements for permits by the Plant Quarantine Branch:

1. Non-domestic animals (all nematodes, worms, shellfish, crustaceans, insects, seafood, amphibians, reptiles, birds, fishes, and mammals, except domestic animals).

Alligators, ants, biocontrol insects, bulbuls, coconut crabs, electric catfishes, ferrets, gerbils, hamsters, hermit crabs, honey bees, land snails, lion fishes, lizards, lories, monk parakeets, needlefishes, piranhas, snakes, snapping turtles, squirrels, toucans, wolf-dogs, and many other animals are prohibited.

2. Microorganisms and microbial products (all algae, protozoans, bacteria, fungi, mushroom spawn, viruses, and products that contain these organisms).

Live Domestic Animals:
The importation of all live domestic animals (common livestock or poultry, dogs, cats) are prohibited without a valid health certificate, permit, and quarantine under rules administered by the Animal Industry Division, Hawaii Department of Agriculture. For specific information, write or call the Division at 99-941 Halawa Valley St., Aiea, HI 96701, Ph. (808) 483-7100.

Permits: All other agricultural permits are required in advance of importation by the Plant Quarantine Branch, Hawaii Department of Agriculture. For specific information on restrictions, write or call the Branch at 701 Ilalo St. Honolulu, HI 96813, Ph. (808) 586-0844 or 836-3827.

Labeling:
All agricultural parcels entering the State must be clearly labeled as follows:
1. "LIVE PLANTS", "FRESH FRUITS", "FRESH VEGETABLES", "SOILS",
"LIVE ANIMALS" or "LIVE MICROORGANISMS" and
2. "MAY BE OPENED FOR AGRICULTURAL INSPECTION".

Invoice:
Invoice must show the exact contents of the parcel or container by listing the name of the item and the quantity.

Penalty:
Any person or company who violates Chapter 150A, Hawaii Revised Statutes, or rules adopted under this chapter, shall be guilty of a misdemeanor and subject to fines ranging from $100-$25,000 and/or one year in jail, and costs for recapturing, eradicating, or controlling the pest.

Importation of Live Organisms into Hawaii


A.Background
In Hawaii, the Department of Agriculture is the State agency with jurisdiction over all animal and plant introductions. Permits must be obtained from the Plant Quarantine Branch for the importation of any live insects as stated in Chapter 71 of the Hawaii Administrative Rules under authority of the Hawaii Revised Statutes (Chapter 150A). These rules were recently amended and the revised version became effective on January 30, 1995. It includes three lists:

1. Prohibited Animals and Microorganisms List
Species on the Prohibited List may not be brought into Hawaii. Permit requests will automatically be denied.

2. Restricted Animals and Microorganisms List
The Restricted List is divided into parts A and B. A permit is required for importation and possession of species on these lists. The permittee must also obtain prior site approval for these species.
Restricted (Part A) species are for research by universities and government agencies, exhibition in municipal zoos or government-affiliated aquariums or for other institutions for medical or scientific purposes. All biological control agents are included in this list.
Restricted (Part B) species are for the purposes described for Restricted (Part A) and for private and commercial use, including individual possession, zoological parks and aquaculture production.

3. Conditionally Approved Animals and Microorganisms List
Conditionally Approved species are available for importation by qualified applicants for individual possession, businesses, or institutions. A permit is required for importation.

Species which appear on these lists have already been evaluated by the Board of Agriculture in response to past requests for permission to bring them into the State. The placement of a species on its respective list determines how it will be dealt with by the Department. If an insect does not appear on any of these lists then no previous permit request for that species has been considered by the Board. Importation of any such species is prohibited until it is approved through procedures outlined in C and D below.
Insects on the lists are based on Board approvals after 1976. Introductions for biological control or other purposes prior to 1976 may not have been subjected to current testing standards. Therefore, a species brought in prior to 1976, which does not appear on current lists, will be treated the same as a species which has never been considered by the Board.


B. Permits
An import permit can only be issued for a species if the following steps have been completed:
1. The insect has been listed on the Restricted (A or B) or the Conditionally Approved List.
2. Import conditions have been approved by the Board of Agriculture.


C. Procedure to Place Species on the Prohibited, Restricted, or Conditionally Approved Lists.

1. Submit application for permit to the Plant Quarantine Branch. The applicant should provide the information requested on the application form, including a statement of reasons for importation, the person responsible for the insects, a description of safeguarded facilities, methods of disposition, an abstract of the insect, and any other pertinent documented information which supports and justifies the proposed introduction. Incomplete applications will be returned with a request for more information. Sufficient copies of all attachments must be provided for distribution to committee and Board members. At this time, 30 copies of attachments are needed for the two subcommittees and an additional 15 copies if you want the Board to see the attachments.

2. The Plant Quarantine Branch will compile information submitted by the applicant and send the request to the appropriate Advisory Subcommittee. There are 5 standing subcommittees (Entomology, Microorganisms, Invertebrate and Aquatic Biota, Land Vertebrates, and Plants) composed of experts in the respective field. Each member is requested to review the application within two weeks.

3. Comments of the subcommittee will then be compiled and sent to the Advisory Committee on Plants and Animals for a similar review. This committee is composed of 9 members with a more general background than the more specialized Advisory Subcommittee. This committee meets every other month.

4. The comments and recommendations of the Subcommittee, the Advisory Committee, and the Plant Quarantine Branch are compiled and sent to each Board member at least one week prior to the Board meeting which is normally held on the third Thursday of each month.

5. If the application is approved by the Board for a species not presently listed, it must then go to public hearing. This is to comply with Hawaii’s sunshine law which requires full public disclosure. This step may take 2-3 months.

6. Comments from the public hearings are compiled and reviewed by the Board at the next scheduled meeting.

7. The request is then sent to the Governor’s office for signature.


D. Procedure to Establish Conditions for Species on Restricted or Conditionally Approved Lists.

1. Submit application for permit to the Plant Quarantine Branch. The applicant should provide the information requested on the application form. The Plant Quarantine Branch will compile the information submitted by the applicant, draft proposed import conditions, and send the request to the appropriate Advisory Subcommittee. Each Subcommittee member is requested to review the proposed conditions within two weeks.

2. Comments of the Subcommittee will then be compiled and sent to the Advisory Committee on Plants and Animals for a similar review. This Committee meets every other month.

3. The comments and recommendations of the Subcommittee, the Advisory Committee, and the Plant Quarantine Branch are compiled and sent to each Board member at lest one week prior to the regular scheduled meeting of the Board which is normally held on the third Thursday of each month.

4. A permit may be issued after the Board has approved the conditions for importation.



Permits are valid for one year from date of issue. They may be issued for multiple introductions within that year for qualified applicants.

Previously disapproved applications may be resubmitted for Board action upon determination by the Plant Quarantine Branch that conditions for the importation are significantly different from those proposed in the previously disapproved request. This requires the full review process.

A copy of Chapter 71 and permit application forms are available upon request from the Plant Quarantine Branch, 701 Ilalo Street, Honolulu, HI 96813 or by calling 586-0844.

Hawaii Administrative Rules
Title 4 Department of Agriculture
Subtitle 6 Division of Plant Industry
Chapter 71
Plant and Non-Domestic Animal Quarantine
Non-Domestic Animal and Microorganism Import Rules


Subchapter 1 General Provisions
4-71-1 Objective
4-71-2 Definitions
4-71-3 Permits
4-71-4 Submission of permit application to the board

Subchapter 2 Non-Domestic Animal Introductions
4-71-5 Notice of quarantine
4-71-6 Prohibited introductions
4-71-6.5 Permitted introductions
4-71-7 Bond for certain animals
4-71-8 Bonding procedure
4-71-9 Conditions for bonding
4-71-10 Failure to comply with bond conditions

Subchapter 3 Microorganism Introductions
4-71-11 Notice of quarantine
4-71-12 Prohibited introductions
4-71-12.5 Permitted introductions


Historical note: Chapter 71 is based substantially upon Regulation 2 entitled “Concerning the Introduction of Feral and Other Non-Domestic Animals into Hawaii,” of the Division of Entomology and Marketing, Department of Agriculture and Conservation {Eff. 12/12/41; am and ren. Regulation 2 8/30/47; am 9/16/60; R 7/13/81]; and Regulation 3 entitled “Concerning the Introduction of Bacteria, Fungi and Viruses into Hawaii,” of the Division of Entomology, Board of Commissioners of Agriculture and Forestry [Eff. 12/12/41; am and re. Regulation 3 8/30/47; R 7/13/81]


SUBCHAPTER 1
GENERAL PROVISIONS


4-71-1 Objective.
The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by restricting or prohibiting the importation of specific non-domestic animals or microorganisms that are detrimental to the agricultural and aquacultural industries, natural resources and environment of Hawaii. [Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp JAN 30 1995 ] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-2 Definitions.
As used in the chapter:
"Advisory subcommittee" means one of the advisory subcommittees on
entomology, invertebrate and aquatic biota, land vertebrates,
microorganisms, or plants appointed by the chairman pursuant to section
150A-10, HRS;"Board" means the board of agriculture of the department of
agriculture;"Branch" means the plant quarantine branch;
"Chief" means the chief of the plant quarantine branch;
"Microorganism" means any unicellular microscopic organism including but
not limited to algae, bacteria, fungi, protozoa, and viruses; and
"Permittee" means any person or agency that has applied for and been
granted a permit for the introduction or possession of an animal or
microorganism under this chapter [Eff. 7/13/81; am and comp 9/19/91;
am and comp 2/21/92; am and comp 9/13/93; comp JAN 30 1995]
(Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-3 Permits.
(a) All importation of animals and microorganism cultures shall be by permit. A permit application shall be submitted to the chief with the following information:
(1) Name and address of shipper and importer;
(2) Approximate number and kind (scientific name);
(3) Sex if determinable;
(4) Object of importation;
(5) Mode of transportation; and
(6) Approximate date of arrival.
(b) The chief, without submitting the permit application to the board, may approve or disapprove the issuance of a permit based on a past board decision relating to the specific animal or microorganism and the respective conditions for importation previously mandated by the board.
(c) A permit application for an animal or microorganism which was previously disapproved may be resubmitted for board action pursuant to section 4-71-4 upon determination by the chief that conditions for importation are significantly different from the previously disapproved request.
(d) A permit application for an animal or a microorganism not previously permitted entry by the board shall be submitted for board action pursuant to section 4-71-4.
(e) The chairman, without submitting the permit application to the board, may approve a short term permit for performing animals in a circus, carnival, or commercial filming for television or movies when it has been determined that the animals shall be adequately safeguarded under the control of professional trainers or handlers.
(f) The permittee shall comply with all permit conditions established by the board. Violation of permit conditions may result in citation as provided in section 105A-12, Hawaii Revised Statutes, or in cancellation of the permit. [Eff. 7/13/81; comp 9/19/91; am and comp 2/21/92; am and comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-4 Submission of permit application to the board.
(a) The applicant shall provide the chief with the following additional information:
(1) A statement of reasons for importation;
(2) The person responsible for the animal or microorganism;
(3) A description of safeguarded facilities;
(4) The method of disposition;
(5) An abstract of the animal or microorganism; and
(6) Any other pertinent documented information that supports and justifies
the proposed introduction.
(b) The chief shall compile the information submitted by the applicant and send it to the members of the appropriate advisory subcommittee for review.
(c) The comments and recommendations of the advisory subcommittee shall be compiled and sent to the advisory committee on plants and animals for review.
(d) The comments and recommendations of the advisory subcommittee, the advisory committee on plants and animals, including the committee's votes, and the chief shall be compiled and submitted to the board at its regular scheduled meeting.
(e) The board shall take action to approve or disapprove the permit application. The board may impose permit conditions relating to, but not limited to, health requirements, safeguarding the animal or microorganism from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state or federal law. [Eff. 7/13/81; comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)


SUBCHAPTER 2
NON-DOMESTIC ANIMAL INTRODUCTIONS


4-71-5 Notice of quarantine.
The board finds that there exists serious danger to the agricultural and aquacultural industries, natural resources, and environment of Hawaii by the uncontrolled introduction of feral and other non-domestic animals. [Eff. 7/13/81; comp 9/19/91; comp 2/21/92; comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-6 Prohibited introductions.
(a) The introduction into Hawaii of live animals as defined in section 150A-2, HRS, at any stage of development is prohibited except for those animals on the lists incorporated in 4-71-6.5 and only by permit.
(b) The list of animals designated as prohibited entry pursuant to sections 150A-6(b) and 150A-6(d), dated January 16,;1992, and located at the end of this chapter is made a part of this section. [Eff. 7/13/81; am and comp 9/19/91; am and comp 2/21/92; am and comp 9/13/93; am and comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 15OA-6, 15OA-7)

4-71-6.5 Permitted introductions.
(a) The introduction into Hawaii of live animals as defined in section 150A-2, HRS, is only allowed:
(1) For those animals on the list designated as conditionally approved and
dated December 16, 1994, or on the list designated as restricted
entry, dated December 16, 1994, pursuant to section 150A-6(b),
HRS, both of which lists are located at the end of this chapter and
made a part of this section;
(2) By permit approved by the board or chief pursuant to sections 4-71-3
and 4-71-4; and
(3) After securing appropriate bond for certain animals pursuant to sections
4-71-7, 4-71-8, and 4-71-9.
(b) Pursuant to the requirements of subsection (a) herein, the introduction of animals on the lists of conditionally approved or restricted animals is allowed as follows:
(1) Animals on the list of conditionally approved animals, for individual
possession, businesses, or institutions;
(2) Animals on Part A of the list of restricted animals, for research by
universities and government agencies, exhibition in municipal zoos
and government-affiliated aquariums, for other institutions for
medical and scientific purposes as determined by the board, and for
other purposes as specified in this chapter; and
(3) Animals on Part B of the list of restricted animals, for the purposes
described in subsection (b) (2) herein and for private and
commercial use, including individual possession, zoological parks,
and aquaculture production.
(c) The permittee must obtain prior site approval for animals on the list of restricted animals.
(d) Restricted list animals require a permit for both import and possession. Where a permit for a restricted list animal allows transfer or sale, the proposed transferee must first obtain a permit for possession of the animal by application to the chief, site inspection approval and satisfaction of any bond or other requirements applicable.
(e) The board may establish permit conditions relating to, but not limited to, time, place, location, use, special precautions, health requirements, and safeguarding the animal from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state or federal laws. The permittee shall comply with the requirements of this chapter, chapter 150A, Hawaii Revised Statutes, and specific permit conditions established by the board. [Eff. and comp 2/21/92; am and comp JAN 3 0 1995] (Auth: 141-2, 150A-9) (Imp: HRS 150A-6)

4-71-7 Bond for certain animals.
Upon approval, an appropriate bond shall be secured for the following:
(1) Monkeys, apes, baboons, chimpanzees, gibbons, lemurs, pottos,
wallabys, and any other animal that the board may require to be
bonded as a condition for importation or possession;
(2) Any offspring of bonded animals; and
(3) Certain performing animals in a circus, carnival, or commercial filming for
television or movie productions that have been permitted entry by
the chairman without advisory committee review and board action
pursuant to section 4-71-3(e). [Eff. 7/13/81; am and comp 9/19/91;
comp 2/21/92; amended and comp 9/13/93; comp JAN 30 1995]
(Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6 4-71-7)
4-71-8 Bondinq procedure.
(a) The bonding of animals, when required, shall be either by insurance bond from a company licensed to do business in Hawaii, cashier's check or cash deposited with the department of agriculture.
(b) An individual bond shall be secured for the sum of one thousand dollars for each animal except as provided for in subsection (c).
(c) An individual bond shall be secured for the sum of two hundred and fifty dollars for each animal for owners holding valid United States Department of Agriculture licenses under the Animal Welfare Act.
(d) A cashier's check or cash deposited as a bond, shall be returned to the owner without interest, upon verification of the death or exportation of the animal, or the transfer or sale of the animal to a new owner who has secured the necessary bond.
(e) Government organizations, such as municipal zoos, are exempt from the bonding requirements. [Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-9 Conditions for bonding.
An owner, dealer, or organization shall import and maintain bonded animals under the following conditions:
(1) Submitting information to the chief with respect to the number, sex, if
determinable, and kind of animal;
(2) The animal shall be kept in captivity at all times;
(3) The chief shall be notified immediately upon the escape of any bonded
animal;
(4) The chief shall be notified immediately upon the death of the bonded
animal and the carcass shall be presented immediately to the state
veterinarian or his designate for examination and verification;
(5) Out-of-state movement of a bonded animal shall be verified by an
inspector after prior arrangements for verification have been made
with the chief;
(6) An animal shall be sold or given away in Hawaii, only to persons that
have first secured an appropriate bond with the department;
(7) A bond or cashier's check shall be kept in full force and effect;
(8) Reporting the birth of and the securing of an appropriate bond for any
offspring shall be within thirty days; and
(9) Reporting the change of mailing address shall be within seven days.
[Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6, 150A-7)

4-71-10 Failure to comply with bond conditions.
(a) The department may seize the bonded animal and foreclose on the bond or retain such sums secured by cashier's check upon failure of the owner to comply with the bonding conditions in section 4-71-9.
(b) Should the bonded animal escape, the owner shall take necessary action to recapture the animal. If the owner fails to recapture the animal within one week after escape or when the animal becomes a nuisance or poses a serious threat to the community, the department may employ its resources to recapture the animal after due notice to the owner. The owner shall be held responsible for the cost incurred by the department.
(c) Any bonded animal that is captured after escape or seized pursuant to section 4-71-10 may be sold at a private sale, shipped out of state, donated to a government agency, or destroyed fifteen days after cancellation of the bond. [Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; amended and comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2,150A-9) (Imp: HRS 150A-6, 150A-7)


SUBCHAPTER 3
MICROORGANISM INTRODUCTIONS


4-71-11 Notice of quarantine.
The board finds that there exists serious danger to the agricultural and horticultural industries of Hawaii from the unrestricted introduction of microorganisms. [Eff. 7/13/81; am and comp 9/19/91; am and comp 2/21/92; comp 9/13/93; comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-5)

4-71-12 Prohibited introductions.
(a) The introduction of any microorganism is prohibited except for microorganisms on the lists incorporated in section 4-71-12.5 by permit, and except as provided by section 150A-6(b), Hawaii Revised Statutes.
(b) The list of microorganisms designated as prohibited entry pursuant to sections 150A-6(b) and 150A-6(d), dated December 16, 1994, and located at the end of this chapter is made a part of this section. [Eff. 7/13/81; am and comp 9/19/91; am and comp 2/21/92; am and comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6)

4-71-12.5 Permitted introductions.
(a) The introduction into Hawaii of microorganisms as defined in chapter 150A, HRS, is only allowed:
(1) As provided by section 150A-6(b), Hawaii Revised Statutes and those
microorganisms on the list designated as conditionally approved,
dated December 16, 1994, or the list designated as restricted entry,
dated December 16, 1994, pursuant to section 150A-6(b), Hawaii
Revised Statutes, both of which lists are located at the end of this
chapter and made a part of this section; and
(2) By permit approved by the board or chief pursuant to sections 4-71-3
and 4-71-4;
(b) Pursuant to the requirements of subsection (a) herein, introduction of microorganisms on the lists of conditionally approved or restricted microorganisms is allowed as follows:
(1) Microorganisms on the list of conditionally approved microorganisms,
for individual possession, businesses, or institutions;
(2) Microorganisms on Part A of the list of restricted microorganisms, for
research by universities and government agencies, and for other
institutions for medical and scientific purposes as determined by the
board; and
(3) Microorganisms on Part B of the list of restricted microorganisms, for
the purposes described in paragraph (2) herein and for private and
commercial use including diagnostic work and production by
medical laboratories, clinics, and other facilities.
(c) The permittee must obtain prior site approval for microorganisms on the list of restricted microorganisms.
(d) Restricted list microorganisms require a permit for both import and possession. Where a permit for a restricted list microorganism allows transfer or sale, the proposed transferee must first obtain a permit by application to the chief, site inspection approval, and satisfaction of any other requirements applicable.
(e) The board may establish permit conditions relating to but not limited to, time, place, location, use, special precautions, health requirements, and safeguarding the microorganism from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state, or federal law. The permittee shall comply with the requirements of this chapter, chapter 150A, Hawaii Revised Statutes, and specific permit conditions established by the board. [Eff. and comp 2/21/92; am and comp JAN 30 1995] (Auth: HRS 141-2, 150A-9) (Imp: HRS 150A-6)