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

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

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

(d)  Upon the department's notificationpursuant to subsection (c) above, the department may enter into a cooperativeagreement with the landowner and land occupier for the control or eradicationof the noxious weed infestation.  The procedures and conditions for executingthe cooperative agreement shall be in accordance with rules adopted undersection 152-2(2).

(e)  Upon the department's notificationpursuant to subsection (c) above, the department may entirely undertake theeradication or control project when it has been determined that the owner,occupier, or lessee of the land on which the noxious weed infestation islocated will not benefit materially or financially by the control oreradication of the noxious weed; or when the noxious weed infestation is onstate-owned land not leased or under control of private interest. [L 1957, c319, 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]