[Congressional Record Volume 151, Number 104 (Wednesday, July 27, 2005)]
[Extensions of Remarks]
[Pages E1643-E1644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE HAWAII INVASIVE SPECIES PREVENTION ACT

                                 ______
                                 

                              HON. ED CASE

                               of hawaii

                    in the house of representatives

                        Wednesday, July 27, 2005

  Mr. CASE. Mr. Speaker, I rise today to introduce a crucial and long-
overdue measure to address directly what is far and away the most 
serious threat to my Hawaii's unique and treasured environment: The 
escalating introduction and establishment of invasive species.
  Non-endemic species have done great damage to Hawaii's exposed and 
non-resistant plants and animals for a long time now. But the sheer 
rate at which it is now accelerating presents a true crisis, 
threatening now to completely overwhelm and permanently preclude our 
ability to provide any modicum of protection, and demanding that we go 
in a whole different direction of affirmative prevention.
  Hawaii is the most remote populated land mass on our planet. Our 
islands' native species thus evolved in isolation, which led to the 
generation of species entirely unique to particular islands and found 
nowhere else in the world. In fact, such species are still being 
discovered in Hawaii. For example, the current issue of the journal 
Science reports on a unique web-spinning caterpillar recently 
discovered in Hawaii that stalks and eats snails
  But more than 5,000 species of non-native plants and animals have 
become established in the Hawaiian islands in the past 200 years, a 
rate of successful colonization of a new specie every 18 days. This is 
in astonishing contrast to the estimated rate of introduction to Hawaii 
through natural evolution of one specie every 25,000 to 50,000 years.
  Not all of these new species become pests, but too many do and the 
consequences are devastating given Hawaii's globally unique and fragile 
natural environment. As a result, non-native invasive species and 
diseases represent the single greatest threat to Hawaii's endangered 
species and the health and viability of our natural systems. Because of 
the islands' geographic isolation, many species do not have natural 
predators, and so defense mechanisms like thorns, odors, or toxins have 
disappeared through the process of evolution. If an aggressive non-
native specie becomes established in Hawaii, it can easily overwhelm 
native species and be very difficult to eradicate because of our 
hospitable climate and lack of natural competitors.

  Thus, Hawaii is most regrettably the undisputed endangered species 
capital of the United States, if not the world. Our 255 listed plant 
species represent approximately one-fourth of the total number of 
endangered species in the United States. They also comprise

[[Page E1644]]

more than one-fifth of the entire Hawaiian flora. And Hawaii's 
beautiful endemic birds make up one-third of the list of U.S. 
endangered bird species. Many of these birds only exist on one island. 
What's more shocking is that this disproportionate situation exists in 
a state with a land area that represents less than two-tenths of one 
percent of the entire Nation's land mass.
  Just 10 years ago, in 1994, the Federal Office of Technology 
Assessment declared Hawaii's alien pest species problem as the worst in 
the Nation. Since then, however, the problem of alien pests--from the 
Formosan termite to the Oriental fruit fly to marine species brought in 
with bilge water--has worsened considerably, not only costing Hawaii 
government and business millions of dollars each year in both 
prevention and remediation, but assuring that many of the world's most 
unique and endangered lifeforms will not survive. At this point, the 
introduction and establishment of even one new pest, such as the brown 
tree snake, which has eliminated the native birdlife of Guam, would 
change the character of Hawaii forever.
  This is obviously a grim picture, but nothing like the future picture 
if we don't wake up and change our entire approach. For the escalation 
of travel, commerce and defense activity across the Asia-Pacific 
region, combined with Hawaii's position as the crossroads of the 
Pacific and the gateway between Asia and the Pacific and the United 
States, makes it critical, from not only an environment/conservation 
perspective but one of economic and human health, that new pests be 
stopped before they come to Hawaii. Thus, Hawaii must be far better 
protected from pests and diseases moving west to east, but also those 
that have become established on the U.S. mainland, such as the red 
imported fire ant and the West Nile virus.
  Our tropical climate and lack of a cold season mean that introduction 
of a disease such as West Nile virus would be especially severe, with 
devastating effects not only on our endangered birds but on our visitor 
industry, which is essential to our economy. The entry of biting sand 
flies, for instance, would greatly damage Hawaii's appeal as a visitor 
destination and forever alter our quality of life. The introduction 
into Hawaii of Africanized honeybees would not only represent a human 
health hazard, but would endanger Hawaii's pure, undiseased (though 
non-native) bees. (Hawaii's honeybees are also free of Varroa mites, 
which are common throughout the U.S. and much of the world.)
  The current poster child for invasive species in Hawaii is an animal 
that hitchhiked from Puerto Rico in uninspected tropical plants. The 
coqui frog now threatens the viability of Hawaii's vital nursery export 
industry as well as threatened and endangered species in our native 
ecosystems. Its extremely loud mating call (90 decibels, equivalent to 
a lawnmower) is now seriously impacting our tourist industry and 
depressing land values in some areas. And the list goes on.

  It's not as if we can't all see the problem, and we have had some 
nominal measures in place for decades aimed at controlling the 
introduction of unwanted alien species (at least under some entry 
conditions). Obviously, however, what amounts largely to an honor 
system, combined with inadequate resources devoted to inspection and 
enforcement, is not sufficient to do what must be done.
  We have two things going for us. First, our location in the middle of 
the ocean, provides us with far better control over movement of 
invasives across our borders than, say, a landlocked midwest state. 
Second, we have a solution, which has proven effective, staring us in 
the face.
  For more than 40 years, a Federal quarantine has been imposed in 
Hawaii on the movement of all passengers and cargo from Hawaii to the 
U.S. mainland to protect the U.S. mainland from identified insect pests 
in Hawaii, such as the Mediterranean fruit fly. Ironically, these pests 
are themselves invasive to Hawaii, causing millions in agricultural 
losses and added treatment costs for our export crops. Under this 
system, passenger baggage and cargo is physically inspected by USDA 
inspectors using advanced inspection equipment; most passengers don't 
give the process a second thought.
  A similar, more comprehensive, system is already in place for a whole 
country--New Zealand--which as a remote island nation with 
disproportionately high and exposed endemic species bears striking 
similarities to Hawaii. New Zealand ``white lists'' designate 
permissible import species, say no to everything else, and then inspect 
on arrival for enforcement.
  But ironically Hawaii, which has a much more acute overall problem 
than either the U.S. mainland or New Zealand, has found it very 
difficult to fashion and implement a similar prevention regime. Part of 
the problem has been general denial and naysaying. But a more tangible 
obstacle has been federal laws that arguably preempt State of Hawaii 
efforts to control the movement of goods. These arise under the 
Commerce Clause, which requires a state to consider the burdens its 
regulations may impose on interstate commerce, and the Supremacy 
Clause, which may preempt state regulation in an area where Congress 
has already legislated.
  My bill--the Hawaii Invasive Species Prevention Act--may be condensed 
into this simple statement: what is good for the U.S. mainland should 
be good for Hawaii. The bill basically establishes certain federal 
findings and authority under which Hawaii may institute an incoming 
quarantine and inspection regime comparable to that existing for the 
movement of people and cargo from Hawaii to the mainland.
  Specifically, the bill starts by expressing the clear sense of 
Congress that there exists a pressing need for improved and better 
coordinated control, interdiction, and eradication of invasive species 
and diseases to prevent their introduction into Hawaii. The bill 
states that it is the policy of the United States to fund and support 
coordinated and concerted programs and activities to control, 
interdict, and prevent the introduction and spread of invasive species 
into Hawaii, and that no federal agency may authorize, fund, or carry 
out actions that would cause or promote the introduction or spread of 
invasive species and disease into Hawaii.

  The bill goes on to direct the Secretaries of Agriculture and 
Interior to impose a quarantine on the State of Hawaii in order to 
prevent the introduction of invasive species and diseases in Hawaii. 
The Secretaries are directed to establish a system of post-arrival 
protocols for all persons, baggage, cargo, containers, packing 
materials, and other items traveling or being shipped to Hawaii from 
domestic or foreign locations. The Secretaries are further directed to 
establish an expedited process for the State of Hawaii to seek approval 
to impose general or specific prohibitions on the introduction or 
movement of invasive species or diseases that are in addition to any 
prohibitions or restrictions imposed by the Secretaries, which may 
encompass at white list approach. And in cases of imminent threat, the 
State of Hawaii is authorized to impose, for not longer than 2 years 
pending approval by the Secretaries, general or specific prohibitions 
or restrictions upon the introduction or movement of a specific 
invasive specie or disease.
  Actual implementation of the Federal quarantine would be subject to 
funds being specifically appropriated, or designation of a means to 
finance the system (for example, a means of financing similar to that 
now utilized by the USDA for its outgoing quarantine). However, the 
design of the system and the expedited process under which the State of 
Hawaii can seek approval for additional protections would not be 
subject to appropriations. Finally, the bill authorizes Federal 
quarantine, natural resource, conservation, and law enforcement 
officers and inspectors to enforce Hawaii state and local laws 
regarding the importation, possession, or introduction of invasive 
species or diseases.
  Mr. Speaker, I end my remarks where I started: this bill is not only 
light years overdue, but crucial, if not indispensable, to the 
preservation and enhancement of my Hawaii as we know it. I ask for my 
colleagues' expedited support.

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