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HomeMy WebLinkAboutCOM 0786.041 2022-2024Ashley L. Kierkiewicz Council Alember Dise el 4 Puts Office, (808) 961-8265 Fax: (808) 961-8912 ashley.kierkiewiez a hawaiicounty.gov I-IAWAI`I COUNTY COUNCIL ' Hawaii County Building -, --A `::; 25 Aupuni Street • Hilo, Hawaii 96720 TO: Heather Kimball, Council Chair and Members of the Hawaii County Council FROM: �� y"Ashley L. Kierkiewicz, Council Member DATE: August 21, 2024 SUBJECT; Proposed Amendments to Bill No. 144; an Ordinance Amending Chapter 4 and Chapter 25 of the Hawaii County Code 1983 (2015 Edition, as Amended), Relating to Apiaries and Beekeeping. Transmitted herewith are proposed amendments to Bill No, 144. The amendments are shown below in Ramseyer format with respect to the current contents of Bill No, 144; material to be deleted is bracketed and stricken; material to be added is underscored. 1. SECTION 3 of Bill No. 144, which amends chapter 4 of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a new article, is an -tended by amending section 4-5-3 to read as follows; "Section 4-5-3. Definitions. As used in this article, unless it is apparent from the context that a different weaning is intended: "Africanized honeybee" means all life stages of the animal subspecies Apis mellifera scutellata or Apis mellifera adanosii. "Apiary" means a site where one or more colonies of bees and beehives are kept and maintained. "Bee" or "honeybee" means all life stages of the common domesticated honeybee European subspecies Apis Mellifera, This definition does not include wasps, hornets, African subspecies, or Africanized hybrids, Comm. No,10(p•41 Ref. To: Flcoun6L Ref. Dote AUG 21 2024 "Beekeeper" means a person who intentionally owns, operates, maintains, possesses or otherwise is in charge of an apiary. "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. "Disease" means any condition adversely affecting bees or their brood, which may become epidemic, including without limitation, bacteria, viruses or invertebrate pests ccir"i-"ciiirruLici iarre" ineluding these asseeiated wit A pis . elli er- <.tell.,t., hybrids of this subspeeies]. "Flyover barrier" means a solid wall, fence, or dense vegetation, or combination thereof, that encourages honeybees to fly over rather than through the barrier. "Hive" means a [n eable frame struettife of housing rn.. a bee eeleny:] container or receptacle housing a.bee..colony and includes moveable frame structures to facilitate the colon 's development." 2. SECTION 3 of Bill No. 144, which amends chapter 4 of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a new article, is amended by amending section 4-5-4 to read as follows: "Section 4-5-4. Generally accepted apiary management practices. (a) Beekeepers shall, to the best of their ability, maintain a healthy colony of bees by adhering to generally accepted apiary management practices as set forth in this section. (b) These generally accepted apiary management practices encompass, but are not limited to, the following: (1) Beekeepers regularly inspect their apiary and implement suitable measures to prevent and mitigate potential nuisance activities, ensuring [the] both the health and well-being of the apiary and public health and safety; (2) Maintain colonies in hives with removable frames, that are kept in sound and usable condition; (3) Maintain an adequate and accessible supply of fresh water on -site, including landing sites for the honeybees to drink from; (4) Protect hives from bright lights at night; (5) Proactively manage colonies to prevent swarming; (6) Ensure effective sanitation practices to prevent disease and robbing, mitigate pests such as small hive beetles, wax moths, and varroa mites, and bolster overall hive health; (7) Thoroughly clean reused hives and beekeeping equipment to remove hive products such as old comb and honey, and properly store hives to prevent robbing or pest invasion; (8) Support year-round bee activity by planting non-invasive seasonal flowers and species suitable to the regional climate; 2 (9) Practice fire safety when using a bee smoker, and ensure the smoker is completely extinguished followingiise; [(9)]" Reclueen hives and colonies if aggressive behavior is observed; [and] i 1 Be considerate of neighbors by placing hive boxes as fay away as feasible from neighboring properties with dwelling units[.-]; and (12) Respond to concerns, complaints, and other issues from neighbors in a manner that seeks to find mutually agreeable resolutions and avoid further potential mm conflict. (c) Novice beekeepers should consult with the department of research and development, State department of agriculture, and other entities possessing expertise and experience in apiary management to establish and sustain safe, healthy, and productive hive operations." SECTION 3 of Bill No. 144, which amends chapter 4 of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a new article, is amended by amending section 4-5-5 to read as follows: "Section 4-5-5. Nuisance. U Nuisance complaints, such as [activity er] aggressive bee behavior or other activity that disrupts or impedes public health and safety, shall be filed with the vector control division of the State department of health. (b) Detection of Africanized honevbees shall be retnorted to the State department of agriculture." 4. SECTION 5 of Bill No. 144, which amends chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983 (2016 Edition, as amended) by adding a definition, is amended to read as follows: ""Apiary" means a site where one or more colonies of bees and beehives are kept and that are [ma aged] maintained in accordance with generally accepted apiary management practices pursuant to section 4-5-4 of this Code." Due to the limited scope of the proposed amendments, a copy of the new draft of Bill No. 144 that would result if these amendments were adopted is not attached. AK