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State of Hawaii 

 Department of Land and Natural Resources 



Honolulu, Hawaii, March 9, 1994 

 Hon. Daniel K. Akaka 

 720 Hart Senate Office Building 

 Washington, DC 20510-1103 



Dear Senator Akaka: This is to provide testimony for the March 11, 1994 hear- 

 ing before the Senate Committee on Governmental Affairs regarding Federal poli- 

 cies governing the introduction of non-indigenous plant and animal species. 



We beheve that current actions to prevent the introduction of non-native plants 

 and animals into Hawaii are very much inadequate, both at the State and Federal 

 levels. Despite strong laws and regulations and competent professional inspectors 

 and enforcement officers at ports-of-entry, a myriad of non-native pest plants and 

 animals have become established in the Islands with devastating adverse impacts 

 on indigenous flora and fauna and the agricultural economy. To correct current defi- 

 ciencies in the process of intercepting prohibited species and/or eliminating their in- 

 cipient populations, a significant increase in funding and manpower is needed with- 

 in Federal agencies charged with detection and mitigation. The same is true for 

 equivalent State of Hawaii agencies. In addition, interagency cooperation and inte- 

 gration of forces at the Federal (civilian and military agencies). State, County, local 

 and private levels is absolutely essential to alien species prevention and control in 

 our insular society. 



Thank you for the opportunity to comment on this important issue. 

 Sincerely, 



Keith W. Ahue 



PREPARED STATEMENT OF YUKIO KITAGAWA 



Thank you for the opportunity to testify at this hearing on Federal policies gov- 

 erning the introduction of non-indigenous plant and animal species. Today, I would 

 like to discuss two issues: The Alien Species Prevention and Enforcement Act and 

 USDA's Risk Assessment Policy. 



During the past year, officials with the State of Hawaii, Department of Agri- 

 culture, have met several times with representatives of the U.S. Department of Ag- 

 riculture, Animal and Plant Health Inspection Service, Plant Protection and Quar- 

 antine (USDA-APHIS-PPQ), the U.S. Fish and Wildlife Service, and the U.S. Postal 

 Service to implement the "Alien Species Prevention and Enforcement Act." This Act 

 was signed into law (P.L. 102-393, 106 Stat. 1774) on October 6, 1992, and required 

 that, within 90 days of enactment, the U.S. Postal Service and the Secretaries of 

 Agriculture and the Interior offer to enter into a cooperative agreement with the 

 State of Hawaii to enforce plant and animal laws within the jurisdiction of these 

 agencies. This legislation further required USDA-APHIS-PPQ 2 years to expend just 

 as much effort in Hawaii to inspecting incoming first class mail as outgoing first 

 class mail to prevent the entry of pests into Hawaii and to survey the extent of the 

 problem of pest movement in first class mail arriving in Hawaii. 



While we acknowledge the efforts of all three Federal agencies in trying to imple- 

 ment the provisions of this Act, we are certainly not satisfied with the results. To 

 date, there is still no Federal inspection for incoming first class mail to prevent the 

 entry of harmful plant pests and diseases and illegal animals into the State of Ha- 

 waii as provided by the Act. Furthermore, over a year has already lapsed in this 

 proposed 2-year project. 



As we understand it, the following summarizes the situation of each affected State 

 and Federal agency: 



1. State of Hawaii laws and rules treat all plant-feeding insects, arthropods, 

 invertebrates, and vertebrates of equal importance in that all have the potential 

 of becoming significant economic pests in our islands. As such, a large number 

 of plants and all non-domestic animals and microorganisms are regulated and 

 require permits for entry into the State. 



2. U.S Postal Service has ruled that First Class Mail privileges, including the 

 sanctity of privacy, extends to parcels as well. Therefore, first class mail parcels 

 cannot be examined without a Federal warrant even if the parcels are clearly 

 marked as containing live plants or animals. 



3. U.S. Fish and Wildlife Service maintains that provisions of the Lacey Act 

 can only be invoked afler a violation has been observed. The Lacey Act is need- 

 ed to allow State of Hawaii violations to become Federal violations. However, 

 since the U.S. Fish and Wildlife Service has no inspection authority, the Lacey 

 Act cannot be invoked to inspect mail parcels. 



