§141-3  Designation of pests; control oreradication of pests; emergency power.  (a)  The department of agricultureshall designate the coqui frog as a pest.  All other pest designations shall beestablished by rule, including the criteria and procedures for the designationof pests for control or eradication.

(b)  The department of agriculture shall, sofar as reasonably practicable, assist, free of cost to individuals, in thecontrol or eradication of insects, mites, diseases, noxious weeds, or other pestsinjurious to the environment or vegetation of value; and in the investigation,suppression, and eradication of contagious, infectious, and communicablediseases among domestic animals; and shall in like manner distribute to pointswhere needed, beneficial insects, or pathogens and other antidotes for thecontrol of insects, mites, diseases, or other pests injurious to theenvironment or vegetation of value, and for the control or eradication ofvegetation of a noxious character.

(c)  Notwithstanding subsection (a), if thedepartment finds the incipient infestation of a pest that has an adverse effecton the environment or that is injurious or deleterious or that is likely tobecome injurious or deleterious to the agricultural, horticultural, aquacultural,or livestock industries of the State without immediate action, it may proceedwithout prior notice or upon a minimum of forty-eight hours notice and hearingto adopt an emergency rule for the eradication of the pest to be effective fora period of not longer than one hundred eighty days without renewal. [L 1903, c44, §19; am L 1905, c 82, §1; RL 1925, §587; RL 1935, §177; RL 1945, §1007; RL1955, §18-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-3; am L1989, c 267, §2; am L 1992, c 72, §1; am L 2006, c 108, §1]