Authorizes the Division of Animal Industry of the Department of Agriculture and Biosecurity to adopt, amend, and repeal rules to develop an evaluation and authorization process to import and transport aquatic livestock i, the official text

THE SENATE

S.B. NO.

177

THIRTY-THIRD LEGISLATURE, 2025

S.D. 1

STATE OF HAWAII

H.D. 1

C.D. 1

A BILL FOR AN ACT

RELATING TO AQUACULTURE.

BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  Chapter 141,
Hawaii Revised Statutes, is amended by adding a new section to part IV to be
appropriately designated and to read as follows:

"§141-   Aquatic
livestock import evaluation and authorization process; rules.  The division of animal industry may
adopt, amend, and repeal rules consistent with applicable law, to develop a science-based
evaluation and authorization process to import and transport aquatic livestock within
the State.  This process shall:

(1)  Be
based on the biological aquatic risk-based framework developed and maintained
by the department pursuant to this chapter and chapter 142;

(2)  Include
mandatory pre-arrival disease testing, entry point inspection, and post-arrival
monitoring and inspection; and

(3)  Require
mandatory quarantine, remediation, or depopulation of any aquatic animals determined
to pose a biological aquatic risk."

SECTION 2.  Section 141-51, Hawaii Revised Statutes, is
amended by adding three new definitions to be appropriately inserted and to
read as follows:

""Aquatic livestock"
means species of domesticated or non-native fish, crustaceans, and mollusks
that are propagated and raised for food or similar human food production, ecological
restoration, or similar commercial purposes.

"Biocontainment" means the operational
methods, procedures, physical facility features, and containment or safety
equipment or the designs thereof, used for managing infectious or potentially
hazardous materials and animals in an aquatic livestock facility or environment
in which these materials and animals are potentially handled or
maintained.  "Biocontainment"
includes measures to prevent the release of infectious animal species and
associated pathogens into the natural environment.

"Biological aquatic risk"
means the combination of the consequences of an event, the probability of an
adverse biological event, and the magnitude of its potential consequences,
where biological material constitutes the source of harm, whether from an
escaped aquatic livestock species or associated pathogens or disease."

SECTION 3.  Section 141-52, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

"(a)
There is established within the department an aquaculture program that
shall:

(1)  Monitor actions taken by industry and
by federal, state, county, and private agencies in activities relating to
aquaculture, and promote and support worthwhile aquaculture activities;

(2)  Serve as an information clearinghouse
for aquaculture activities;

(3)  Coordinate development projects to
investigate and solve biological and technical problems involved in raising
selected species with commercial potential;

(4)  Actively seek federal funding for
aquaculture activities;

(5)  Undertake activities required to
develop and expand the aquaculture industry[; and], which shall include:

(A)  Developing a biological aquatic risk-based framework for the evaluation
and authorization process for aquatic livestock that categorizes aquatic
livestock species based on the probability and consequence of the establishment
of a self-sustaining feral or invasive population; and

(B)  Developing biocontainment standards that establish minimum
physical design and operational performance requirements for aquatic livestock facilities;
and

(6)  Perform other functions and activities
that may be assigned by law."

SECTION 4.  Section 161-6, Hawaii Revised Statutes, is
amended to read as follows:

"§161-6  Division of animal
industry.  The division of animal
industry of the department of agriculture and biosecurity shall administer this
chapter subject to the supervision of the board.  The board may delegate any of its powers
under this chapter, except the power to make rules and regulations[,] other
than rules pursuant to section 141- , or may direct any of
its duties to be performed by any appropriate agents, officers, or employees of
the board.

The board may employ on a full or part-time
basis veterinarians and poultry inspectors, subject to chapter 76, to carry out
a uniform inspection system of poultry or poultry products throughout the
State.  All poultry inspectors shall be
under the supervision and control of a veterinarian employed by the board."

SECTION 5.
(a)  The division of animal
industry shall develop a biological aquatic risk-based framework for the evaluation
and authorization process to import and transport aquatic livestock within the
State.  In developing the framework, the division
of animal industry shall consider:

(1)  Relevant
standards promulgated or recognized by the United States Department of
Agriculture;

(2)  Current
aquatic livestock import policies, disease risks, and industry development issues;

(3)  Best
practices of the aquaculture industry, including internationally recognized
biosecurity and disease management protocols; and

(4)  The
protection of indigenous species as defined in section 195D-2, Hawaii Revised
Statutes, and their habitats.

(b)
For the purposes of this section, "biological aquatic risk"
has the same meaning as defined in section 141-51, Hawaii Revised Statutes.

SECTION 6.
Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 7.
This Act shall take effect on July 1, 2026.