Hawaii Department of Agriculture

The meeting involved initial procedures for public participation in the hybrid session. The primary discussion concerned Item 4 A1, which involved a request to resend prior board action approving the assignment of General Lease Number S-4760 from Mountain Meadows Incorporated to Eva Plant Company LLC, followed by a subsequent request to assign the lease from Mountain Meadows Inc. to Kaz's Nursery LLC for a consideration of one million dollars. Staff presented background on the lease history, noting a previous assignment attempt was cancelled. A key discussion point was the proposal to amend Paragraph 12 (character of use) from "Macadamia Orchard" to "Diversified Agriculture." Board members extensively discussed adding an invasive species control clause to the lease agreement, particularly concerning the Coconut Rhinoceros Beetle, and whether this required separate board action or could be conditioned on the current assignment approval.

The meeting focused on reviewing and recommending a permit request submitted by Dr. Jennifer Samson, on behalf of the National Oceanic and Atmospheric Administration National Marine Fisheries Service. The request seeks authorization to collect and possess specific restricted organisms (various anemones and corals, including Yunomia stolonifera) for scientific research related to developing environmental DNA (eDNA) markers to screen for non-native species in Hawaiian waters. Key discussion points included the proposed containment and destruction protocols for collected organisms and water, using bleach solutions and specialized facilities at the NOAA Pacific Islands Fishery Science Center. Committee members raised specific concerns regarding tank labeling, the specific bleach product to be used, the submission of training records, the existing NEPA analysis (which resulted in a Finding of No Significant Impact), and safeguards against accidental release due to natural disasters like tsunamis. The presenter confirmed that modifications to the permit conditions regarding labeling could be added, and the applicant agreed to address biosecurity protocols and the specific bleach concentration used.

The key discussion topics for this meeting include the call to order, approval of the minutes from the October 2, 2024 meeting, introductions, and comments from the general public regarding agenda items. New business is scheduled to cover a request for review by the Advisory Committee on Pesticides concerning a proposal to cancel Special Local Needs HI 250005. The agenda also reserves sections for old business and adjournment, with a possibility of moving into executive session to consult with the Chairperson's attorney regarding legal matters.

The meeting addressed several requests for review. One item was retracted. Discussions included proposed amendments to Hawaii Administrative Rules Chapter 4-66 to increase civil penalties pursuant to Act 220, SLH 2023, and to update state certification plans to conform with Federal law; the vote on this measure failed. The committee voted to recommend that Flupyradifurone be added as a state restricted use pesticide pending completion of a groundwater study. Amendments to include Quinclorac as a restricted use pesticide passed. A motion to add Thiamethoxam as a restricted use pesticide failed. Finally, a motion to add Penflufen as a restricted use pesticide passed based on the condition that its current registered uses, primarily seed treatment, are low risk for groundwater leaching, with the restriction to be withdrawn if future studies do not support this finding. There was no old or new business presented.

The meeting addressed the status of proposed 2023 irrigation water rate changes (no update) and a letter to the Board of Agriculture and Biosecurity regarding funding concerns for the Molokai Irrigation System (deemed not needed currently). A significant update was provided on the Molokai Irrigation System Delinquency Account, noting that outreach occurred in October through December, resulting in the account being reduced to five delinquent individuals, with meters for these accounts turned over to the Attorney General pending payment. New business involved declining to issue a letter of support for the Molokai Clean Energy Hui Survey due to unclear monetary benefits for the Irrigation System. System updates included reservoir levels (24.75 feet, better than the previous year's 23 feet), outflow, and inflow rates, noting water restrictions would remain in place. Capital projects updates highlighted the SCADA project functioning well and a pump replacement project scheduled to bid in March. The financial update showed MIS revenue of $197,000 and expenses of $154,000, with 84% of expenses attributed to electricity. Delinquent accounts totaled 10, with $22,894 outstanding. Board member vacancies were also discussed.