2018-03-12 Letter to Chris Lee re SB 2559, SD 2 Relating to Authority to Enter Private Property to Control Invasive Species when there is a Reasonable Suspicion

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Harry Kim Alayor CJiintV Office of fir Wil Okabe Managing Direc tor Barbara J. KOSSOW Deputy Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 March 12, 2018 Representative Chris Lee, Chair Committee on Energy and Environmental Protection Hawaii State Capitol, Room 325 Honolulu, HI 96813 Dear Chair Lee and Committee Members: Re: SB 2559, SD 2 Relating to Authority to Enter Private Property to Control Invasive Species when there is a Reasonable Suspicion that Invasive Species are Present Hearing Date: 03-13-18 — 8:30 am; House Conference Room 325 Thank you for this opportunity to testify in support of the intent of SB 2559, and to ask that SD 2 be amended. The Council of Mayors identified invasive species as a top -priority issue that deserves your attention. Even our best efforts are often inadequate to protect our islands from harmful pests, and limited resources make it imperative that we work together in pursuing solutions to what often seem intractable problems. The original SB 2559 would have put the State and the counties in a better position to fight against invasives. It took a valuable tool and made it stronger, and we fully supported it. As Department testimony pointed out, confirming the presence of an invasive species is far more difficult than establishing "reasonable suspicion." SD 2 retains the "reasonable suspicion" standard, and we t ink that is good. The problem is that SD 2 also would require a finding of "priority, which is not explicitly defined. It also requires placement on a "priority list," which may be the same thing or might be interpreted to require some separate action. It is to be hoped that a finding of "priority" will not be comparable in difficulty to a finding that a species is endangered or threatened, but can we be sure? Even if it is relatively easy, this would be a new bar that might undermine the benefits of this bill. County ofHawaii is an Equal Opportunity Provider and Employer.