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



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



(c)  Notwithstanding subsection (a), if the
department finds the incipient infestation of a pest that has an adverse effect
on the environment or that is injurious or deleterious or that is likely to
become injurious or deleterious to the agricultural, horticultural, aquacultural,
or livestock industries of the State without immediate action, it may proceed
without prior notice or upon a minimum of forty-eight hours notice and hearing
to adopt an emergency rule for the eradication of the pest to be effective for
a period of not longer than one hundred eighty days without renewal. [L 1903, c
44, §19; am L 1905, c 82, §1; RL 1925, §587; RL 1935, §177; RL 1945, §1007; RL
1955, §18-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-3; am L
1989, c 267, §2; am L 1992, c 72, §1; am L 2006, c 108, §1]