The state Department of Agriculture is being grilled by lawmakers for its lack of action on “bad actor” nurseries and businesses.
This week, state senators held a briefing to get an update on the nurseries that have been knowingly selling plant material infested with little fire ants, one of the most problematic invasive species in Hawaiʻi.
DOA Chair Sharon Hurd in November told lawmakers about the situation involving what she called “bad actor” nurseries. In February, the department traced infested plants at the Punahou Carnival to one company but has refused to name it or any other company prematurely.
“We do announce when we find (infestations) at public places like Punahou Carnival. I think deeper than that would require more evidence before we name people because of litigation, because we could hurt them commercially,” Hurd told lawmakers this week at an informational briefing.
Department leaders said that they did not have evidence that the company involved in the carnival incident had any infested material, but said the company hasn’t been responsive to contact from them and won’t allow inspectors on the property.
Sen. Jarrett Keohokalole, who chairs the Senate Committee on Commerce and Consumer Protection, identified the company as Pua Lani Landscape Design in the briefing.
“That’s the Punahou one that you are not able to gain cooperation with at this point. … How hard was that?” he said.
The department said all the other nurseries involved at the carnival have been cooperative in the DOA’s investigation and were found not to have any little fire ants, so lawmakers said Pua Lani was the “smoking gun.”
The department conceded that it could have identified the company as a precaution to the public, but has decided against it. It has also dragged its feet in pressuring the company to cooperate with its investigation, saying it has been focused on the legislative session.
Pua Lani did not immediately respond to a request for comment from Hawaiʻi Public Radio.
Lawmakers told the department it shouldn’t be so worried about litigation that it refuses to act, and it also demanded better leadership. They say nurseries for years have been able to sell infested plants without consequence, and without more action, they’ll continue doing so.
“We just approved a bill yesterday to provide $20 million to the (agriculture) department. And if we're going to spend it dealing with voluntary people and we're just going to allow the bad actors to continue to flaunt state law, then maybe that was a misallocation of resources,” Keohokalole told department leaders.
The state Legislature this week approved “landmark” legislation providing $20 million to the department for biosecurity programs and staff. It also reaffirmed the agriculture department as the primary state entity for handling invasive pests.
Ultimately, lawmakers are worried the department is making excuses to protect nurseries and other agriculture-related businesses at the cost of public health.
“It’s your mission to support our local ag industry, which is awesome, and promote local farms, small businesses, nurseries, all of that. It's also your mission to stop the spread of invasive species that are harming all sectors of the economy and quality of life — for you guys, which is more important?” said Sen. Chris Lee, who participated in the briefing.
