AGENDA

BOARD OF AGRICULTURE MEETING

Date: October 27, 2015

Time: 9:00 a.m.

Location: Plant Quarantine Conference Room

1849 Auiki Street

Honolulu, Hawaii 96819

I. CALL TO ORDER

II. APPROVAL OF MINUTES FROM 9/22/15 MEETING

III. COMMENTS FROM THE GENERAL PUBLIC ON AGENDA ITEMS

(ORAL OR WRITTEN)

IV.  INTRODUCTION AND COMMENTS

V.  COMMUNICATIONS FROM DIVISIONS AND ADMINISTRATION

A.  AGRICULTURAL LOAN DIVISION

1.  Request for Approval of One (1) Direct Ownership Loan, One (1) Direct Operating Loan and One (1) Farm Sustainable Project Loan to Yoric Taaroa and Emily Taaroa.

B.  AGRICULTURAL RESOURCE MANAGEMENT DIVISION

1. Request for Consent to Sublease Between the Hamakua

Agricultural Cooperative and Douglas Beatty; Lots 07 and 08,

TMK: 3rd Div/4-3-003-004 (por.), Opihilala & Hauola, Hamakua,

Island of Hawaii

2.  Request for Consent to Sublease Between the Hamakua

Agricultural Cooperative and Tetsuya Fujibayashi, dba Paradise

Green, LLC; Lot 10, TMK 3rd Div/4-3-005:017 (por.),

Opihilala & Hauola, Hamakua, Island of Hawaii

3.  Request for Consent to Sublease Between the Hamakua

Agricultural Cooperative and Pacific Gateway II Corporation;

Lots 05, 06, 07, and 09, TMK 3rd Div/4-3-005:017 (por.), and

Lot 08, TMK 3rd Div/4-3-005:019 (por.), Hamakua Agricultural

Park, Pohakuhaku, Hamakua, Island of Hawaii

4.  Request for Consent to Waive Performance Bond

Requirement for General Lease No. S-3115;

Kuahiwi Contractors, Inc.; TMK 3rd Div/9-5-015:003;

Hionaa-Kaalaiki, Ka’u, Island of Hawaii

5.  Request for Approval to Issue a Non-Exclusive Term Easement

For Construction Access to Na Pua Makani Power Partners, LLC;

TMK (1) 5-6-008:006, For Construction of Wind Turbines,

Kahuku Agricultural Park, Koolauloa, Oahu

C.  PLANT INDUSTRY DIVISION

Plants

1.  Request to: (1) Allow the Importation of Genetically Modified Tissue-Cultured Banana Plants, (Musa spp.) (cv. Williams), by Permit, for Greenhouse and Field Research on Resistance to Banana Bunchy Top Virus, by the University of Hawaii at Manoa; and (2) Establish Permit Conditions for the Importation of Genetically Modified Tissue-Cultured Banana Plants, (Musa spp.) (cv. Williams), by Permit, for Greenhouse and Field Research on Resistance to Banana Bunchy Top Virus, by the University of Hawaii at Manoa.

Invertebrate and Aquatic Biota

2.  Request to: (1) Allow the Importation of Japanese Flounder (Hirame), Paralichthys olivaceus, an Animal on the List of Restricted Animals (Part B), by Permit, for Food Preparation and Live Display, by Paradise Fresh Seafood, Inc.; and (2) Establish Permit Conditions for the Importation of Japanese Flounder (Hirame), Paralichthys olivaceus, an Animal on the List of Restricted Animals (Part B), by Permit, for Food Preparation and Live Display, by Paradise Fresh Seafood, Inc.


awai

3.  awai

c. c.D. QUALITY ASSURANCE DIVISION awai


1. Request for (1) Preliminary Approval of Proposed Hawaii
Administrative Rules “Hawaii-Grown Cacao and Hawaiian
Chocolate” and (2) Approval to Hold Public Hearing.

The summary of the proposed rules is as follows:

a.  Definitions--Establishes definitions for cacao, chocolate, geographic regions, and cacao blend chocolate.

b.  Labeling Requirements--Specifies requirements for labeling of Hawaii-grown cacao and Hawaiian chocolate, including product blended from cacao various geographic regions. Also includes labeling violations.

c.  Recordkeeping--Establishes recordkeeping requirements pertaining to the weight and geographic origins of cacao beans purchased and sold.

d.  Penalties--Establishes penalty provisions for violations.

E.  ANIMAL INDUSTRY DIVISION

1.  Request for (1) Approval to Adopt Proposed Amendments to
Chapter 4-29, Hawaii Administrative Rules, entitled “Dogs, Cats, and Other Carnivores,” Relating to Rabies Quarantine and concerning Definitions, Other Requirements, Movement of Dogs and Cats Originating in Hawaii, Movement of Dogs and Cats Requiring Urgent Diagnostic, Medical or Surgical Procedures not Available in Hawaii, Fees, and Guide and Service Dogs; and (2) Submission of Hearings Officer’s Summary of Public Hearings Testimony on Proposed Amendments to Chapter 4-29, and Hearings Officer’s Recommendations

(See attached summary)

VI. OLD BUSINESS

1.  Plant Quarantine Branch Status Report on Ohia Rapid Death (aka
Ohia Wilt) Caused by a Fungus, Ceratocystis fimbriata, found on the
Island of Hawaii.

VII. NEW BUSINESS

1.  Overview of the work done by the Hawaii Ant Lab, including on Little Fire Ant, presented by Dr. Cas Vanderwoude

2.  Presentation on the 2015 Statewide Agricultural Land Use Baseline Project by Jeff Melrose

VIII. ADJOURNMENT OF REGULAR MEETING

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Board may go into Executive Session pursuant to exceptions provided under Section 92-5, Hawaii Revised Statutes (HRS), including to consult with the Board's attorney on questions and issues pertaining to the Board's powers,
duties, privileges, immunities, and liabilities, pursuant to Section 92-5(4), HRS.


Those persons desiring to submit written testimony may do so

via postal mail to the BOA Chairperson’s Office at

1428 S. King Street, Honolulu, HI 96814-2512;

via fax to the BOA Chairperson at (808) 973-9613 or via e-mail to . Please include the word

“testimony” and the subject matter following the address line. Those persons desiring to present oral testimony at the BOA meeting are requested to register with staff prior to the convening of the meeting. If possible, submit 14 copies of the

written testimony to staff prior to the meeting.

NOTE: MATERIALS FOR THIS AGENDA WILL BE AVAILABLE FOR REVIEW IN THE BOA CHAIRPERSON’S OFFICE, 1428 S. KING STREET,

HONOLULU, HAWAII, ON THURSDAY, 10/22/15.


Attachment to BOA Agenda 10/27/15, Item E.1

Summary of Proposed Amendments to Chapter 4-29, Hawaii Administrative Rules, Entitled “Dogs, Cats and Other Carnivores,” Relating to the Rabies Quarantine and Concerning Definitions, Other Requirements, Movement of Dogs and Cats Originating in Hawaii, Movement of Dogs and Cats Requiring Urgent Medical or Surgical Procedures not Available in Hawaii, Fees,
and Guide and Service Dogs

The proposed amendments to chapter 4-29, Hawaii Administrative Rules are summarized below:

1. Section 4-29-2, Definitions, adds a definition for an “Airport Animal Quarantine Holding Facility” to distinguish the facility at the airport from the “Animal Quarantine Station” located in Halawa Valley.

2. Section 4-29-2, Definitions, amends the definition of “Service dog” to bring the definition into conformance with federal law.

3. Section 4-29-8.2, Movement of Dogs and Cats Originating in Hawaii, modifying the vaccine and antibody test periods before arrival when an animal has three or more subsequent vaccinations or multiple sequential antibody tests done before the expiration of the previous one.

4. Section 4-29-8.3, Movement of Dogs and Cats Originating in Hawaii, adding a new Rule entitled ”Movement of Dogs and Cats Requiring Urgent Diagnostic, Medical or Surgical Procedures Not Available in Hawaii, designed to provide procedures for dogs and cats requiring treatment not available in Hawaii to obtain treatment outside of the State and not be required to undergo quarantine upon reentry.

5. Section 4-29-17, Fees at the Animal Quarantine Station, adds a new fee to reissue a Neighbor Island Inspection Permit.

6. Section 4-29-21, Criteria and Conditions for Service Dogs and Exempted Guide Dogs, changes criteria and conditions for service dogs and exempted guide dogs by clarifying a serology requirement.

7. Section 4-29-26, Documentation of Need for a Service Dog, sets forth what the department may ask the user of a dog stated to be a service dog, to be in compliance with federal law.