HomeMy WebLinkAboutCOM 0364.022 2018-2020 COUNTY CUM
COUNTY OF HAWAII
RECEIVED GOMN, 50
Time i2.00PM By
From: Christina Mogren
To: Council Testimony Date
Subject: Comments Re:A resolution to establish a Hawaii County apiary industry stakeholders task force
Date: Monday,August 05,2019 11:28:34 AM
Attachments: P&P-3.pd
To the Hawaii County Council,
I am writing to lend my support for the establishment of an Apiary Task Force on the
Big Island that will address modern beekeeping challenges and result in
recommendations to update the Hawaii County Code. I am the Assistant Professor of
Pollinator Ecology at UH Manoa in the Plant and Environmental Protection Sciences
Department of CTAHR. Since starting at UH in 2017, I have had numerous
opportunities to interact with hobbyist and commercial beekeepers on the Big Island
and across the state, as well as individuals interested in themselves becoming
beekeepers. It became imperative that I educate myself on the various ordinances
pertaining to beekeeping for each of the counties, and I was struck by how confusing
and often contradictory they can be.
I have attached to this email an extension publication I authored outlining all state
and county laws pertaining to beekeeping in Hawaii (also available online:
https://cros.ctahr.hawaii.edu/pollinators/Resources/Beekeepers/Beekeeping-Laws).
What is immediately apparent is how sparse the regulations are pertaining to
beekeeping in Hawaii County, with restrictions that place a significant and
unnecessary burden on small scale and commercial operations when it comes to
finding locations for apiaries.
For example, apiaries in agriculturally zoned areas must be located l000 feet from a
"major public street,"which itself is not further defined. The topography of the island
will restrict apiaries being located l000 feet from certain roads, and in rural areas, a
"major public street" may be little more than a dirt county road with local traffic only.
It also fails to address the growing hobbyist beekeeping industry nationwide and in
Hawaii, which includes many backyard beekeepers. Backyard beekeeping in
residentially zoned areas is currently not permitted in Hawaii County,though it is
permitted in Honolulu County and in cities across the US.
While updates to local ordinances pertaining to beekeeping are needed statewide,
Hawaii County is in a unique position given that is has the majority of commercial
operators in the state, a well organized and engaged beekeeping organization (BIBA),
and elected representatives promoting positive change for this industry. I am
confident that a Task Force of local industry experts will be able to identify areas of
the current county code needing updating and devise recommendations that benefit
the beekeeping industry with minimal, if any, impact to other residents. I would hope
this effort could also serve as a catalyst for similar updates in Kauai, Maui, and
Honolulu counties.
While I am unable to attend the August 6 council meeting, l provide this letter in�''LL.
Comm. No. T 22
Ref. To: 1pi
Ref. note AUG 0 5 2019
strong support of an Apiary Task Force. Pfease do not hesitate to reach out to me with
further questions.
Sincerely,
Dr. Chrissy Mogren, PhD
Assistant Researcher/Professor
Pollinator Ecology Lab
University of Hawaii,Manoa
College of Tropical Agriculture and Human Resources
Plant and Environmental Protection Sciences
3050 Maile Way, Gilmore 310
Honolulu, HI 96822
Office: Gilmore 611
cmogren a hawaii.edu
408-421-5747(cell)
808-956-6745 (office)
Extension Website: hMs. /ems.etahr.hawaii.edu/pollinators
Follow the lab on Twitter: @UHbees
College of Tropical Agriculture Pollinators and Pollination
and Human Resources February 2019
*
University of Hawaii at Manoa P&P-3
EF
Compliance with Beekeeping Laws in Hawaii
Chrissy Mogren,PhD' and Jenee Odani,DVM2
'Department of Plant and Environmental Protection Sciences (cmogren@hawaii.edu)
2Department of Human Nutrition,Food&Animal Sciences Usodani@hawaii.edu)
Beekeeping has been a commercial enterprise in the "Hawaii Revised Statutes" search option on the left
Hawaii since European honey bees were first intro- of the page). Those portions relating to honey bees and
duced in the late 1800s,but hobbyist and sideliner opera- beekeeping specifically are described below.
tions are growing in popularity across the state as they
are elsewhere in the US. Whether keeping bees is your Imports
full-time profession, a supplemental source of income, It is illegal to import dead and alive bees into Hawaii,
or a hobby, it is important to understand and adhere to and restrictions have been in place since 1908 to limit
the ordinances governing honey bees in your county to the potential importation of harmful diseases and bee
avoid potential fines or criminal liability.In addition to pests. Despite this, Varroa destructor mites were inad-
local laws, all beekeepers should be aware of state laws vertently introduced to Oahu in 2007 and subsequently
limiting the transport of beekeeping materials from the to the Big Island in 2008,with devastating consequences
mainland to Hawaii and between the islands,as well as for the state's beekeeping industry. Thus far, the mites
laws governing the sale of honey, are only present on Oahu and Hawaii islands.In order
This publication serves as a comprehensive guide to to preserve the health of honey bees, the importation
current state and local laws concerning beekeeping.Cur- or movement of live or dead bees or used beekeeping
rent and fixture beekeepers should refer to the original equipment that is not certified to be pest free by the
language of published laws when determining whether State Department of Agriculture is prohibited(§150A-6).
their operation is in compliance.In many cases,county Violators may be subject to felony charges and fines of
ordinances are vague or use unclear language, which up to$200,000! It is also illegal to ship bees inter-island
can be confusing for individuals wishing to keep bees if they have not first been inspected and certified by the
in their backyards. When in doubt, contact your county Hawaii Department of Agriculture. Honey bee semen
Planning Departments with questions (Table 1). Keep may be imported from the mainland for the purposes of
in mind: if county codes do not expressly say that a queen breeding and maintaining the genetic diversity of
land use is allowed within a particular zone,then that our state's honey bees.
use is not allowed in that zone.Citizens are encouraged
to contact their County Council Representatives if they Exports
believe local ordinances should be updated. If you are a queen breeder exporting bees off island to
A complete description ofHawai`i's Revised Statutes a location requiring a certificate,you must be inspected
is available online at https://www.capitol.hawaii.gov/(use and certified by the State Apiary Program to ship
Published by the College of Tropical Agriculture and Human Resources(CTAHR)and issued in furtherance of Cooperative Extension work,Acts of May 8 and June 30,1914,in co-
operation with the U,S.Department of Agriculture,under the Director/Dean,Cooperative Extension Service/CTAHR,University of Hawai'i at Manoa,Honolulu,Hawaii 96822.
Copyright 2018,University of Hawai'i.For reproduction and use permission,contact the CTAHR Office of Communication Services,ors®ctahr.hawaii.edu,808-956-7036.The university is
an equal opportunity/affirmative action institution providing programs and services to the people of Hawai'i without regard to race,sex,gender identity and expression,age,religion,color,
national origin,ancestry,disability,marital status,arrest and court record,sexual orientation,or status as a covered veteran.Find CTAHR publications at www.ctahr.hawaii.edu/freepubs.
UH—CTAHR Compliance With Beekeeping Laws in Hawai'i P&P-3 — Feb. 2019
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Figure 1. Image of honey bee semen extraction Figure 2. Image of honey bee with varroa
(http://hdoa.hawaii.gov/pi/ppc/apiary-program-hawaii- Honey Sales
beekeepers-registry/),which may charge a fee pursuant In 2013,beekeepers in the state came together to update
to §150A-31. Your operation must have a minimum the statutes regarding the sale of honey to allow inspec-
of 40 colonies to schedule a queen inspection, and tion exemptions for home-based producers (§328-79).
each bee yard must have a minimum of 20 colonies. Home-based agricultural producers of honey are exempt
Shipping certificates expire every 90 days, requiring from processing honey in certified honey houses or
re-inspection. Further information regarding queen food-processing establishments,provided they meet the
inspections may be found here:http://hdoa.hawaii.gov/ following conditions:
pi/bee-faqs/. The State Apiary Program also requests
that queen breeders(and all other beekeepers)register They sell less than 500 gallons of honey per year;
with the Hawaii Beekeeper Registry,though this is not They sell honey directly to consumers or retailers
required. Per state law (§142-100), this information is who sell directly to consumers;
kept confidential by the Apiary Program.The Registry They label each container of honey sold with the
is used for the purposes of compiling statistics on the following:
beekeeping industry and for disseminating important The name and address of the producer,
information concerning emerging disease.outbreaks in The net weight and volume of the honey by
the state (Figure 2). standard measure,
These inspections include assessments for major The date the honey was produced,
brood diseases European foulbrood(EFB)and American The statement"Honey should not be
foulbrood (AFB). The presence of AFB would restrict consumed by infants under one year of age" in
shipment completely. Varr'oa destructor mite levels are clear and conspicuous print, and
also quantified. Each export destination has different The statement"This product is home-
acceptable levels of mites(e.g.,California requires mite produced and processed and has not been
levels under 3%,Canada requires levels under 1%).Queen inspected by the Department of Health" in
packing facilities are also inspected to ensure they are clear and conspicuous print;
free from small hive beetles. For further information, They attend a Department of Health-approved
contact Hawaii Department of Agriculture at (808) food-safety workshop and pass the food-safety
973-9538. certification exam; and
2
UH—CTAHR Compliance With Beekeeping Laws in Hawai'i P&P-3 — Feb. 2019
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Figure 3. Image of honey Figure 4. Image of islands and county seal for Honolulu
County
• They keep honey production volume and product
distribution records for a period of at least (an) animal(s) and the need for medical treatment,
two years, making the records available to the and the client(the owner of the animal or animals or
department as requested. other caretaker)has agreed to follow the instructions
If these criteria are not met, then producers are of the veterinarian;
required to obtain a commercial permit from the State There is sufficient knowledge of the animal(s) by
Department of Health. If the Department receives a the veterinarian to initiate at least a general or pre-
consumer complaint about a home-based agricultural liminary diagnosis of the medical condition of the
producer of honey,the producer will be subjected to food animal(s); and
sampling and a subsequent inspection of the premises to The practicing veterinarian is readily available for
determine whether products are misbranded or adulter- follow up incase of adverse reactions or failure of the
ated (§328-80). regimen of therapy.Such a relationship can exist only
when the veterinarian has recently seen and is per-
Veterinary Regulations sonally acquainted with the keeping and care of the
Three antibiotics labeled for use in honeybees are now
animal(s) by virtue of examination of the animal(s),
restricted for use only under veterinary supervision:oxy- and/or by medically appropriate and timely visits to
tetracycline, tylosin, and lincomycin. These antibiotics the premises where the animal(s) are kept.
are used to treat American Foulbrood(AFB),with oxy-
tetracycline also labeled as a preventative for European Zoning Laws
Foulbrood (EFB). If the medication is administered in City and Comity ofHon olzdu (O`ahu)
feed,a Veterinary Feed Directive(VFD)is required. If Beekeeping is approved in all zoning areas of Honolulu
the medication is administered in water,a prescription is City and County for noncommercial purposes, with
required.Prescription drugs and VFD drugs both restrict certain restrictions to ensure the safety of the public,
use to"by or on the order of a licensed veterinarian" in as defined in the Revised Ordinances of Honoluluthe context of a valid Veterinary Client Patient Relation- (ROH,available online at https://www.honolulu.gov/ocs/
ship (VCPR).There is no Hawaii-specific definition of roh/193-site-ocs-cat/839-table-of-contents.html.
the VCPR(§471-10 (b) (12), so the federal VCPR stan- Section 7-2.5 of the ROH ("Animal Nuisances")
dards (21 CFR 530.3(1)) apply for VFD drugs: specifies that no more than eight honey bee hives may
• A veterinarian has assumed the responsibility for be kept per lot and that colonies shall be maintained
making medical judgments regarding the health of in movable frame hives, which include the standard
3
UH—CTAHR Compliance With Beekeeping Laws in Hawaii P&P-3 — Feb. 2019
Langstroth hives as well as Kenya top-bar hives. Hives County Code 25-5-72 and 25-5-82, respectively, acces-
should be properly shaded from adjacent night lighting sible at http://www.hawaiicounty.gov/lb-countycode/).In
on adjoining properties. They should be placed at least RA districts, 25-5-52 permits use for livestock produc-
25 feet from any property line,public street,sidewalk,or tion, which is defined in Chapter 25 of the code as "a
alley.Exceptions are granted if hives are situated behind distinct agricultural operation or establishment which
a solid fence running parallel to the property line that is keeps,feeds,or raises livestock for commercial purposes
at least 6 feet high and extends 15 feet beyond the hive in and as a principal land use. These include piggeries,
both directions, or if the hives are located at least eight dairies,...apiaries and aviaries." These must be placed
feet above adjacent ground level, such as on a roof top. 75 feet from property lines.
When the colony approach is thus constrained, it limits Animal or agricultural use of public lands, which
honey bee flight patterns that may disturb neighbors and includes maintaining bees,is only permitted with a valid
reduces the incidence of stings.Noncompliant property lease, contract, or special permit issued by the County
owners are subject to penalties and criminal action, as [15-4].Trespass,or use of public lands without a permit,
defined in 7-2.10. could result in a penalty [4-14, 4-15].
These restrictions do not apply to agriculturally Beekeeping in residential districts is not currently
zoned areas where commercial beekeeping is a permit- permitted in Hawaii County. However, the County of
ted use[ROH 7-2.4].In Agricultural and Country zoning Hawaii is currently updating their beekeeping ordinance
districts,commercial apiaries are considered minor live- to more closely reflect that of Honolulu, which would
stock production(21-3.50-4 and 21-3.60-4,respectively), allow for beekeeping in residentially zoned areas of
and no further guidance or restrictions are supplied by the county once passed. Contact the County Planning
the City and County.Commercial producers are therefore Department with further questions (Table 1).
encouraged to adopt industry standards with regard to
apiary stocking rates. Ifaua`i County (Xaua`i,Niihau)
The Kauai County code(available online at http://gcode.
Hawaii County (Hawaii) us/codes/kauaicounty/)defines land uses under Title IV
In Hawaii County, apiaries may only be located at sites (County Planning and Land Development), Chapter 8
zoned Agricultural(A),Intensive Agricultural(IA),and (Comprehensive Zoning Ordinance). Within this code,
Residential and Agricultural(RA).In A and IA districts, beekeeping falls under the definition for Agriculture,
apiaries must be located 1,000 feet away from a major which "means the breeding, planting, nourishing, car-
public street and any other zoning district (HawaN ing for,gathering and processing of any animal or plant
40
+ate r off it,
Figure 5- Image of islands and county seal for Hawa`i Figure 6- Image of islands and county seal for Kauai
County County
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UH—CTAHR Compliance With Beekeeping Laws in Hawai'i P&P-3 — Feb. 2019
organism for the purpose of nourishing people or any Maui County(Maui,Molokai,Lanai)
other plant or animal organism..." [Sec. 8-1.5]. This In Maui County,the ordinances governing permitted uses
definition of agriculture reasonably includes beekeeping, in different municipal zones(accessible at https://library.
though this is not expressly stated. municode.com/hi/County_of maui/codes/code_of ordi-
In residentially zoned areas (R-1 to R-6 and R-10 nances)are often contradictory with regard to beekeep-
to R-20), "diversified and specialized agriculture and ing. This section outlines a reasonable interpretation of
nurseries" are a permitted use, provided a Use Permit the County of Maui Code of Ordinances for keeping
is granted [8-2.4(f)(5)]. Similarly, "any other use or honey bee colonies on private property. Generally, if a
structure which the Planning Director finds to be similar particular use is not expressly defined as permitted,then
in nature to those listed in this Section and appropriate that activity is not allowed [19.04.020], and violators
to the District" [8-2.4(f)(17)] may be allowed with a could be subject to criminal prosecution(see 19.530.020).
Use Permit,which could include beekeeping. Similarly, For beekeeping,jurisdiction over allowed use falls to the
bees could be kept in Resort zones with a Use Permit Zoning Administration and Enforcement Division,who
[8-2.4(h)(1)]. The code does not detail restrictions with should be contacted with questions(Table 1).
regard to the number of colonies that may be maintained In Maui County,beekeeping is qualified as an agri-
nor their distances from property lines, nor does it put cultural practice,with the breeding and raising of honey
restrictions on the selling of products. Beekeepers are bees falling under the definition for Animal and Live-
therefore encouraged to exercise their best judgement. stock Raising [19.04.040]. Within a particular district,
Beekeeping is an allowed use in areas zoned for Ag- Agriculture must be listed as a Permitted Property
riculture,with no specific restrictions within the County Use in order for honey bees to be kept at the property.
code for apiaries. However, it would be a reasonable Colonies may therefore be kept at properties in districts
assumption that apiaries in Kauai`i County should be zoned as Rural[19.29.030]and Agricultural[19.30A.050]
located at least 500 feet from Residential districts,within without further permissions or permits required. Own-
which a Use Permit would be required[8-2.4(r)(10)].For ers of Agricultural properties may also lease their lands
information on obtaining Use Permits, see Sec. 8-3.2 of to individuals needing a place to house their colonies
the Kauai County code,or contact the County Planning [1930A.080].
Department(Table 1). Properties in the districts of Wailuku, Makawao,
Persons in noncompliance with the County code Lahaina, Hana, Lanai, and Molokai that have not yet
will be charged with a misdemeanor and fined up to adopted a comprehensive zoning ordinance are regulated
$2,000 [8-3.5]. as Interim Zones [19.02A].Properties in Interim Zones
P
Table 1.Contact information for appropriate County Planning Departments
7 Hawaii East: (808) 961-8288 http://www.hawaiicounty.gov/planning/
West: (808) 323-4770
Honolulu (808) 768-8000 http://honoluludpp.org/
Kaua'i (808)241-4050 https://www.kauai.gov/Planning
Maui (808)270-7253 https://www.mauicounty.gov/1123/
Division---Zoning-Admin-Enforcement
5
UH—CTAHR Compliance With Beekeeping Laws in Hawai'i P&P-3 — Feb. 2019
For areas where beekeeping is allowed,Maui County
does not offer additional guidance with regard to colony
proximity to property lines or stocking rates per acre.See
descriptions from other Hawaiian counties for general
guidance.
► ,, For more information on honey bees in Hawaii,
C;OV- �F , please visit https://cros.ctahr.hawaii.edu/pollinators and
follow the Mogren lab on Twitter @UHbees.
` For more information on veterinary rules and medi-
cations, please visit https://www.hivetextension.com/.
41
L
Figure 5- Image of islands and county seal for Maui
County r
■
may house beehives,regardless of lot size,but a Special Acknowledgements
Use Permit is required (see 19.510.070 for permit ap- This document was peer-reviewed by Darcy Oishi
plication guidelines). (HDOA)and Dr.Koon-Hui Wang(CTAHR,PEPS).
Beekeeping is not allowed in Residential zones
of Maui County, with the exception of properties lo-
cated in the Maui Research&Technology Park District
[19.38.060]. However, Conditional Permits (see 19.40
for permit application guidelines) may be an option for
individuals interested in backyard beekeeping, though
there is no guarantee that a permit will be granted. The
Maui County Department of Planning recommends con-
tacting them directly to assess your individual situation
prior to applying for a Conditional Permit.
6