§152-6  Duties of the department; noxious
weed control and eradication.  (a)  The department shall maintain a
constant vigilance for incipient infestations of specific noxious weeds on
islands declared reasonably free from those weeds, and shall use those
procedures and methods to control or eradicate the infestations of noxious
weeds as are determined to be feasible and practicable.



(b)  When the department determines that an
infestation of a certain noxious weed exists on an island declared reasonably free
from the weed, the department shall immediately conduct investigations and
surveys as are necessary to determine the feasibility and practicability of
controlling or eradicating the infestation.  The department may also conduct
investigations and surveys to determine the feasibility and practicability of
controlling widespread noxious weed infestations.  The methods of control or
eradication adopted by the department for any noxious weed infestation shall
cause as little damage to crops and property as possible.



(c)  Upon determining that control or
eradication of an infestation is practicable and feasible, the department shall
immediately serve notice, either oral or written, on both the landowner of the
property and the occupant of the property on which the infestations exist. 
Written notice sent to the landowner's address last known to the department by
certified mail, postage prepaid, return receipt requested, shall be deemed
sufficient notice.  In the event that certified mail is impractical because the
department, despite diligent efforts, cannot determine land ownership or
because of urgent need to initiate control or eradication measures, notice
given once in a daily or weekly publication of general circulation, in the
county where any action or proposed action will be taken, or notice made as
otherwise provided by law, shall be deemed sufficient notice.  The notice shall
set forth all pertinent information with respect to the infestation and notify
the landowner and the land occupant of the procedure and methods of control or
eradication.



(d)  Upon the department's notification
pursuant to subsection (c) above, the department may enter into a cooperative
agreement with the landowner and land occupier for the control or eradication
of the noxious weed infestation.  The procedures and conditions for executing
the cooperative agreement shall be in accordance with rules adopted under
section 152-2(2).



(e)  Upon the department's notification
pursuant to subsection (c) above, the department may entirely undertake the
eradication or control project when it has been determined that the owner,
occupier, or lessee of the land on which the noxious weed infestation is
located will not benefit materially or financially by the control or
eradication of the noxious weed; or when the noxious weed infestation is on
state-owned land not leased or under control of private interest. [L 1957, c
319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-4;
HRS §152-3; ren and am L 1975, c 44, pt of §1; am L 1987, c 92, §6; am L 1997,
c 62, §6]