Little Fire Ants, invasive pest rules given new life
by Wayne Tanaka, Chapter Director | Reading time: 2.75 minutes
Great news! Thanks to community outcry, including from Sierra Club members, supporters, and friends, the Hawaiʻi Department of Agriculture (HDOA) has publicly committed to moving forward with invasive pest rules that have languished for over eight months.
Little Fire Ants. Photo: Department of Land and Natural Resources.
A public hearing on these rules has been pending since February, after they were reviewed by the Advisory Committee on Plants and Animals and approved for a hearing by the Board of Agriculture and the Small Business Regulatory Review Board. In late October, HDOA director Sharon Hurd stated that a public hearing had not been scheduled because “industry” representatives considered certain proposed rule provisions to be “dealbreakers” - and suggested that the department would re-start the entire rulemaking process with a watered down proposal to appease the industry.
After concerns were raised by legislators like Senator Jarrett Keohokālole, the HDOA doubled down - putting forward a replacement set of rules that omitted any provisions to address the sale of plants and other commodities infested with little fire ants (LFA), coconut rhinoceros beetles (CRB), hala scale, two-lined spittlebugs, or other invasive pests. Such provisions, which were included in the rule proposal put forward in February, are essential to address the intra-island movement of these pests, especially as certain nurseries have been knowingly selling infested plants to their customers.
With LFA spreading across Oʻahu, CRB showing up in Maui and on Hawaiʻi Island, and businesses actively selling plants and other gardening products with known infestations, this latest move understandably sparked community outcry. A joint letter signed by 23 diverse community organizations - including those representing native species advocates, cultural practitioners, doctors, and educators - was submitted to the Governor, urging that a public hearing on the original February rules be held. A record 60 testimonies were also submitted to the Advisory Committee on Plants and Animals for its November 17 meeting, asking that the Committee reject the HDOA's attempt to turn a blind eye to the need to stop intra-island sales of infested plants and commodities.
Thanks to the latest community efforts, the HDOA now appears to be listening. Director Hurd has committed to a public hearing for the February rules, and has even indicated that they will pass “interim” fast-tracked rules for LFA - a sea change from the HDOA's most recent posture. Mahalo nui to all who have gotten us this far, including the dozens of testifiers who submitted testimony to the Advisory Committee on Plants and Animals last month!
Unfortunately, the need for continued community advocacy is clear. HDOA is already making excuses for additional potential delays, and has warned that final rules may not be in place for another year. Meanwhile, LFA and CRB may continue to spread between and within our islands - threatening to permanently impact our agriculture, native species, cultural practices, outdoor activities, and our overall economy and quality of life.
Please stay tuned for more calls to action as we work to keep the pressure on the HDOA to uphold its public trust obligations, and protect our islands and future generations from potentially devastating invasive pests. In the meantime, be sure to also visit www.StopTheAnt.org to learn more about what you and your community can do to help stop the LFA, and reach out to us at hawaii.chapter@sierraclub.org if you would like to connect with other advocates fighting for stronger protections against pest infestations.