{"id":7889,"date":"2015-04-01T20:33:41","date_gmt":"2015-04-01T20:33:41","guid":{"rendered":"https:\/\/environment-hawaii.org\/?p=7889"},"modified":"2015-04-01T20:53:52","modified_gmt":"2015-04-01T20:53:52","slug":"board-of-agriculture-approves-draft-rule-to-block-import-of-ohia-rust-carriers","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=7889","title":{"rendered":"Board of Agriculture Approves Draft Rule\u00a0To Block Import of `Ohi`a Rust Carriers"},"content":{"rendered":"
\"`Ohi`a.<\/a>
`Ohi`a. Credit: U.S. Forest Service<\/figcaption><\/figure>\n

At long last, the Hawai`i Board of Agriculture has moved toward a quarantine rule that is intended to reduce the likelihood that new strains of the `ohi`a rust, Puccinia psidii, <\/i>are introduced to Hawai`i.<\/p>\n

\u201cThe board has determined that there exists serious danger to all `ohi`a (Metrosideros spp.<\/i>), the `ohi`a forests of Hawai`i, and horticultural and agricultural industries from the introduction of new strains of the `ohi`a rust,\u201d states the preface of the draft rule, approved by the BOA February 24.<\/p>\n

The next step is to hold public hearings. None had been scheduled by the time Environment Hawai`i <\/i>went to press.<\/p>\n

For such a short rule, it was certainly a long time in the making. A strain of the rust was first noted in Hawai`i in April 2005. Even before the species had been identified by scientists at the University of Hawai`i as Puccinia psidii <\/i>Winter, a fungus affecting plants in the Myrtaceae family, the rust had spread across the island chain, causing widespread devastation to stands of rose apple trees. The fungus also sickened and killed `ohi`a seedlings grown in nurseries.<\/p>\n

The quick spread of the fungus caused natural resource managers to worry that it could also devastate the more than a million acres of Hawai`i\u2019s `ohi`a forests. In 2007, the Board of Agriculture approved a one-year emergency rule banning imports of Myrtaceae, including plants such as myrtle, waxflower, and eucalyptus, whose foliage is common in cut-flower arrangements.<\/p>\n

The emergency rule expired after one year. Since then, there has been no restriction on the import of plants that could carry the rust, although scientists at the University of Hawai`i and in state and federal agencies continued to assess the magnitude of the risk posed by <\/i>the rust. By working with their counterparts in Brazil, they tested the virulence of the fungus on `ohi`a, with the results far worse than they had expected. Multiple strains of the fungus were found, including many that had a severe impact on `ohi`a.<\/p>\n

Three years after the emergency rule expired, in 2011, Carol Okada, then-manager of the Plant Quarantine Branch of the state Department of Agriculture, announced that the department was preparing a rule that would permanently ban such imports. At the Hawai`i Conservation Conference held that summer, Okada noted that most DOA rules are to protect agricultural industries, such as sugar, pineapple, and coffee. This rule, however, she said, \u201cwill be the first to protect native forests.\u201d She expressed optimism that the rule would be in place by December of that year.<\/p>\n

But it took until February 2015 for the board to give even preliminary approval to the draft rule. It will be months, at the earliest, before the rule takes effect, giving Hawai`i\u2019s `ohi`a the protection it needs.<\/p>\n

Scott Enright, BOA chairperson, described the process in a letter to Environment Hawai`i. <\/i>The Hawai`i Department of Agriculture, he wrote, \u201cis at the first steps in that process, which entail public hearing, board final approval\/adoption, and then the chairperson\u2019s signature, Governor\u2019s approval, and filing with the Lieutenant Governor\u2019s office.\u201d<\/p>\n

\u201cThe Plant Quarantine Branch is preparing the proposed amendment analysis and documentation that, per the Governor\u2019s administrative directive, must be submitted to the Small Business Regulatory Review Board, Department of Business, Economic Development, and Tourism, and the Department of Budget and Finance, for comment in conjunction with submitting the proposed amendment for the Governor\u2019s preliminary approval to go to public hearing.\u201d<\/p>\n

It is possible that a federal order will pre-empt the state rule, Enright went on to say. \u201cHDOA has been working closely over the past year with the U.S. Department of Agriculture,\u201d Enright said, \u201cwhich intends to release a federal order to regulate the movement of hosts of `ohi`a rust. We have been told by the USDA that they will have a draft within the next couple of months for us to review. In the meantime, we have shared our proposed rule changes with them. We anticipate that through this process we will have compatible regulations at the state and federal levels. We would not want to see a federal regulation which would pre-empt state laws by being less restrictive than state regulations.\u201d<\/p>\n

The Department of Agriculture\u2019s quarantine rules apply only to domestic imports. Shipments of commodities from foreign sources are subject to federal regulations of the USDA\u2019s Animal and Plant Health Inspection Service (APHIS).<\/p>\n

Legislative Concern<\/i><\/b><\/p>\n

The delay between the expiration of the emergency rule in 2008 and the initial approval of a draft permanent rule is inexplicable. In 2014, the Legislature, which also seems to have been perplexed by the stall, adopted a resolution intended to spur the board to adopt such a rule.<\/p>\n

House Concurrent Resolution No. 47 found that \u201cthe introduction of new strains of Puccinia psidii <\/i>pose a significant threat to native forests and to the horticultural and agricultural industries of Hawai`i.\u201d The resolution also requested the Department of Agriculture \u201cto expeditiously adopt a permanent rule restricting important of plants in the Myrtaceae family.<\/p>\n

Enright could offer no explanation either. \u201cI became chair last January,\u201d he told Environment Hawai`i <\/i>in a phone interview,<\/i> \u201cand asked why it wasn\u2019t moving.\u201d He found it \u201csitting in Plant Quarantine,\u201d undergoing further review. \u201cWe reached in and moved it on, took it to the Plant and Animal Review Board,\u201d and then on to the full Board of Agriculture.<\/p>\n

\u2018Those Folks\u2026\u2019<\/i><\/b><\/p>\n

An exchange of emails following a simple request for information from Environment Hawai`i <\/i>sheds no light on the reasons for the apparent foot-dragging in the Department of Agriculture on the `ohi`a rust rule. But it does reveal a kind of paranoia and ill will that many who deal with the department have come to expect.<\/p>\n

Here are highlights of the exchange:<\/p>\n

On February 27, three days after the Board of Agriculture meeting where the `ohi`a rust rule was to be heard, Patricia Tummons, editor of Environment Hawai`i<\/i>, emailed the Department of Agriculture: \u201cCould someone let me know whether the proposed rule amendment to prohibit the introduction of puccinia rust (ohia rust) was approved on February 24? Thank you very much.\u201d<\/p>\n

On March 2, Janelle Saneishi, the department\u2019s public information officer, replied: \u201cYes. Thank you for your interest.\u201d<\/p>\n

Tummons looked for the draft rule on the DOA website but could not locate it.\u00a0 So, a week later, Tummons emailed Saneishi again, asking: \u201cCould you send me the new rule, please?\u201d<\/p>\n

“Amy doesnt [sic] care for those folks, so I wouldn\u2019t tell them that it was \u2018passed\u2019 by the board. Her [Tummons\u2019] question was loaded …”<\/p><\/blockquote>\n

Saneishi forwarded the email to several staffers with the Plant Quarantine branch, asking their advice on how she should respond. To Lance Sakaino, the acting plant quarantine specialist, she added: \u201cSorry, forgot to add that this is a UIPA request since she is asking for documents. She may be charged for the copying time and per page fee. Thanks!\u201d UIPA refers to the Uniform Information Practices Act.<\/p>\n

Theresa Manzano, acting plant specialist, forwarded the email to Jonathan Ho: \u201cJH \u2013 I don\u2019t know how much information to give her [Tummons], according to Janelle, this is a UIPA request. What \u2018papers\u2019 is she allowed copied or given out on this subject. Please advise on this matter. Thanks.\u201d<\/p>\n

Ho, acting inspection and compliance section chief of the Plant Quarantine branch, consulted with Amy Takahashi, the current branch manager. He reported back to Manzano: \u201cSpoke to Amy. I wouldn\u2019t worry about UIPA yet. The link that I attached in this email is on the HDOA website and should answer her question. Stuff on the web is public and doesn\u2019t require UIPA. Amy doesnt [sic] care for those folks, so I wouldn\u2019t tell them that it was \u2018passed\u2019 by the board. Her [Tummons\u2019] question was loaded as she just asked if it was approved. She never asked by who. She may be thinking that it is already in effect when it is not. Also she said that the rule is to prohibit ohia rust. In reality, the proposed rule is to restrict plants in the family Myrtaceae. It may be semantics, but you can never tell.<\/p>\n

\u201cFeel free to check it out online. If you\u2019d like you can send her an actual copy, but I\u2019d just let her read what the site has to say. Less work for you. See my sample below. It\u2019s a little matter-of-fact, but she can\u2019t read into anything [sic]. Safer for you. If she needs more, she\u2019ll let you know.\u201d<\/p>\n

Ho\u2019s \u201csample\u201d text: \u201cAttached is a link to our website that should answer your question. If you have further questions, please feel free to contact me.\u201d Along with the link to the DOA website, that was the sum and substance of the email that on March 10 was sent to Tummons by Manzano.<\/p>\n

The draft rule, by the way, may be found under the \u201cMeetings and Reports\u201d heading of the DOA website (http:\/\/hdoa.hawaii.gov<\/a>).<\/p>\n

Enright acknowledged that the DOA website was outdated and difficult to navigate. \u201cWe brought a new webmaster on,\u201d he said, adding that he hopes soon to have board agendas, meeting minutes, and the like available on the site \u201cinside of a month.\u201d<\/p>\n

As to the email thread generated by the Plant Quarantine personnel in response to the request for information by Environment Hawai`i, <\/i>Enright gave his assurance \u201cthat the views expressed in that email do not express the views of the department.\u201d<\/p>\n

* * *<\/b><\/p>\n

USGS Recommendations<\/b><\/p>\n

In 2010, the U.S. Geological Survey issued a report summarizing what was known about the rust and making recommendations on ways to prevent the introduction of new strains to Hawai`i.<\/p>\n

The author, Lloyd Loope, put the process for addressing plant diseases in context, noting how that put biodiversity conservation at a disadvantage.<\/p>\n

\u201cAgriculture has a standard, usually viable option, even for perennial crops, when quarantines for plant pathogens fail \u2013 development of resistant strains of the crop in question,\u201d Loope wrote.<\/p>\n

\u201cThe same is not the case for biodiversity conservation. Hawai`i\u2019s Metrosideros polymorpha<\/i> [ohi`a] forest provides a classic example of the contrast between the needs of biodiversity conservation and those of agriculture\/forestry. Substantial effort has been expended in developing a research basis for breeding P. psidiii<\/i> resistant strains of Eucalyptus<\/i>. In contrast, almost nothing is known about the genetics of M. polymorpha<\/i> other than that great variation exists across broad environmental gradients. Nothing is known about the genetics of `ohi`a in relation to resistance to P. psidii.<\/i> It might be possible to breed a resistant strain of `ohi`a, but the complexity of trying to develop resistant strains across broad environmental gradients is numbing, especially in the absence of commercial incentives.\u201d<\/p>\n

In the absence of hard information about how `ohi`a might be affected by different strains of Puccinia psidii,<\/i> Loope invoked the precautionary principle: Logic suggests, and the international standards clearly permit, that the resource should be protected while this determination of risk is made.\u201d<\/p>\n

In any case, Loope concluded, \u201cHDOA has a clear mandate for protecting Hawai`i\u2019s environment, including its `ohi`a forest. Based on the information cited and summarized in this report, it would seem that HDOA ahs the viable option of rigorous regulation of pathways to prevent arrival of additional strains of the rust fungus P. psidii.<\/i> They also have the supplemental justification of protecting Hawai`i from at least five other potentially serious pests of native and non-native Myrtaceae already present in the United States but not in Hawai`i. Regulation of Myrtaceae through state quarantine is a necessary prerequisite to pursuit of change in federal quarantine \u2026 and given current procedural constraints, provides the only long-term option for reasonably comprehensive protection from new strains of P. psidii.<\/i>\u201d<\/p>\n

— Patricia Tummons<\/i><\/b><\/p>\n

For Further Reading<\/i><\/b><\/p>\n

Environment Hawai`i <\/i>reported on Carol Okada\u2019s presentation at the 2011 Hawai`i Conservation Conference in our September 2011 cover story: \u201cDOA\u2019s Draft Rule on `Ohi`a Rust the First to Protect a Native Species,\u201d available online at https:\/\/environment-hawaii.org<\/a>.<\/p>\n

The USGS report mentioned in the article is by Lloyd Loope, \u201cA Summary of Information on the Rust Puccinia psidii<\/i> Winter (Guava Rust) with Emphasis on Means to Prevent Introduction of Additional Strains to Hawai`i.\u201d It is available online at http:\/\/pubs.usgs.gov\/of\/2010\/1082\/<\/a>.<\/p>\n

The draft rule may be read on the Department of Agriculture\u2019s website: http:\/\/hdoa.hawaii.gov<\/a>. Click on the \u201cMeetings & Reports\u201d link, then select \u201cProposed Administrative Rules.\u201d That will bring up a link to the draft rule.<\/p>\n","protected":false},"excerpt":{"rendered":"

At long last, the Hawai`i Board of Agriculture has moved toward a quarantine rule that is intended to reduce the likelihood that new strains of the `ohi`a rust, Puccinia psidii, are introduced to Hawai`i. “The board has determined that there … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":7891,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[373],"tags":[],"class_list":["post-7889","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-april-2015"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/7889","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7889"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/7889\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/7891"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7889"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}