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HomeMy WebLinkAboutCOM 0489.595 2018-2020 DAVID Y.IGE , s s; r PHYLLIS SHIMABUKURO-GEISER Governor ¢, �. Chairperson, Board of Agriculture JOSH GREEN ; ) 1�"y MORRIS M.ATTA Lt.Governor %4,, Deputy to the Chairperson State of Hawaii DEPARTMENT OF AGRICULTURE 1428 South King Street Honolulu, Hawaii 96814-2512 Phone: (808)973-9600 FAX: (808)973-9613 TESTIMONY OF PHYLLIS SHIMABUKURO-GEISER CHAIRPERSON, BOARD OF AGRICULTURE r BEFORE THE HAWAII COUNTY COUNCIL NOVEMBER 20, 2019 '. 9:00 AM WEST HAWAII CIVIC CENTER BILL NO. 101 DRAFT 2 RELATING TO HERBICIDE USE Chairperson Chung and members of the Hawaii County Council: Thank you for the opportunity to provide comment on Bill No. 101 Draft 2. This bill seeks to ban certain herbicides used on County lands used by the public. Additionally, the bill proposes alternatives to the use of herbicides to provide weed control in those County of Hawaii public spaces. The Department offers comments on this bill. The Department asks the County to take into consideration the regulatory structure for such prohibition of herbicides that are licensed in the State of Hawaii for the uses described in this bill. The Hawaii Department of Agriculture is provided funding by the US Environmental Protection Agency to conduct enforcement activities for pesticides that have been registered in the U.S. under the provisions of the Federal Insecticide Fungicide Rodenticide Act (as amended). Additionally, the State of Hawaii provides funding for the Department of Agriculture to conduct regulatory enforcement of State of Hawaii pesticide law (HRS Chapter 149A). It is unclear how the County of Hawaii intends to conduct enforcement of the proposed pesticide law. Currently, the Hawaii Department of Agriculture has the authority to enforce only for Federal and State Comm. 461 'N J Ref. To: I�ounul Ref. Dote NOV 2 0 2019 pesticide laws and rules, under 149A, HRS, and the Hawaii Administrative Rules, Chapter 4-66. HDOA would like to ask to review what is covered under Exemptions(d), which includes a public health hazard. HDOA appreciates this consideration and would like to address a more likely event; the need for protecting native species and use as a quarantine emergency- either killing invasive weeds that threaten to choke out native plants, or that may harbor invasive pests that are a threat to our ecosystem. If a ban is to take place, a provision for this MUST be included, as the entire purpose of the Bill is to protect Hawaii, and that includes its ecosystem. Herbicides are useful tools, especially in quarantine situations, managing disease, invasive species management, and reestablishing native ecosystems. HDOA asks that the Bill be clarified that this ban applies to roadside and park maintenance, and not in the aforementioned situations or large native habitat maintenance, which often requires the use of herbicides to remove invasive plants in order to reestablish native plants. It should be considered that if there are diseases within the native plant population, the preferred method to protect other plants is to treat the plant for any vector, then actually kill the plant in place (e.g. Banana Bunchy Top Virus), using an herbicide. This method is used to minimize the spread of any disease to other plants. HDOA also asks that the definitions be reviewed. "Prohibited Herbicide" includes "Intended for use . . . as a spray adjuvant, such as a wetting agent or adhesive". Adjuvants are substances that are mixed with pesticides to reduce drift, runoff, and otherwise make them safer. They are used with other types of pesticides, not just herbicides, and some pesticide labels require the use of an adjuvant. Not only does the bill not explain why adjuvants are included in the scope of this bill but prohibiting them may inadvertently create more hazardous situations by prohibiting other pesticides from being mixed with them, as well as creating contradictory language on labels when pesticide labels require their use. Thank you for the opportunity to testify on this measure.