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PREPARED STATEMENT OF THE U.S. POSTAL SERVICE 



We appreciate the opportunity to submit testimony to the Senate Committee on 

 Governmental Affairs, concerning the crisis of alien pest species invading Hawaii. 



The dramatic nature of the alien pest invasion has been well documented. The 

 Nature Conservancy of Hawaii has reported that since the 1970s, an average of 20 

 new alien invertebrates per year were recorded in Hawaii, with the potential of 

 causing serious damage to the ecosystem and economy of the State. We believe that 

 inter-agency coordination is the key to better control of alien pests, as suggested by 

 two reports which studied the issue {Harmful Non-Indigenous Species in the United 

 States, issued by the Office of Technology Assessment, September, 1993, and The 

 Alien Species Invasion in Hawaii: Background Study and Recommendations for 

 Interagency Planning, prepared by the Nature Conservancy of Hawaii and the Natu- 

 ral Resources Defense Council, July, 1992). 



This task is made more difficult by the need to combat a multitude of species 

 which attempt to enter Hawaii in a variety of ways. We are happy that we are able 

 to continue our assistance to a cooperative, more comprehensive effort, through our 

 prevention efforts involving First-Class Mail. 



Our contribution to resolving this problem focuses on the problem of alien species- 

 contaminated mail sent to Hawaii from the mainland United States. While it is rec- 

 ognized that the mail is a small part of the overall alien pest problem, we want to 

 contribute our part toward a comprehensive solution. We believe that certain factors 

 are essential for the protection program to function successfully. 



Our primary concern is to develop an effective protection program, which does not 

 impede postal operations nor violate Federal Fourth Amendment search require- 

 ments. Such a program must take into account that postal operations continue 24 

 hours per day, and minimize interference with mail processing operations. 



Fourth Amendment protections governing search and seizure also must be pre- 

 served when dealing with First-Class Mail. The American people depend on the se- 

 curity and sanctity of the mail; and they rightly expect that their privacy in the 

 mail, as in their homes, will be protected against unlawful governmental intrusion. 

 This constitutional protection, requiring that a warrant be obtained for any 

 nonconsensual search of domestic mail sealed against inspection, is part of the 

 framework within which the Postal Service must operate. Proper search warrants, 

 based upon a finding of probable cause that a prohibited item is contained in a piece 

 of First-Class Mail, must be obtained in order to do a legal search. These require- 

 ments are met in the pilot program discussed below. 



As has been suggested by State officials, an excellent model for the Hawaii protec- 

 tion program is tne pilot program in the Honolulu Post Office which protects mail 

 bound for the mainland United States from certain alien pests. This program was 

 established on a trial basis following the passage of the Agricultural Quarantine En- 

 forcement Act of 1988 (Public Law 100-574). Beginning in May, 1990, inspectors 

 from the U.S. Department of Agriculture have been operating a program at the 

 Honolulu Post Office involving First-Class Mail parcels. Items that match a "profile" 

 of packages likely to contain prohibited agricultural products are set aside. A 

 trained "sniffer" dog examines those packages, and Federal search warrants are ob- 

 tained for any item that the dog identifies. 



This program is a success story, in that it works without interfering with postal 

 operations or legal restrictions on searches. Because of this success, it has been ex- 

 tended beyond its original time period. Recent data show that during July of 1993, 

 a harvest month, the U.S. Department of Agriculture detained 125 outgoing pack- 

 ages. Dogs targeted 19 of these packages, for which search warrants were obtained. 

 Seventeen packages contained contraband, including 25 contraband plants, with a 

 total weight of 109 pounds. Fourteen civil penalties were assessed. The prohibited 

 items were generally home-grown fruit such as mango, papaya, and litchi, or flowers 

 sent to friends or relatives on the mainland. The numbers in January, 1994, were 

 similar, with 110 parcels detained, 25 targeted by dogs, and 19 prohibited or re- 

 stricted items located. 



To protect the State of Hawaii from the crisis of alien pest introductions. Senator 

 Akaka introduced the Alien Species Prevention and Enforcement Act, enacted in 

 1992 (Public Law 102-393). This act emphasized an inter-agency cooperative effort 

 to achieve its protective goals. One of its aims was to establish a program which 

 would protect Hawaii in a manner similar to the pilot program discussed above to 

 intercept prohibited mail bound for the mainland United States. We believe that the 

 approach taken by the act is appropriate and needful. 



A program designed to t.r.rallel the existing pilot project in size and scope could 

 have a potent deterrent effect and be successful, while complying with operational 

 and legal requirements. 



