H.R. 487 — Hawaii Invasive Species Protection Act

This section revises the preclearance quarantine inspections program to require the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service and in cooperation with specified federal agencies and the Hawaii government, to conduct visual, x-ray, and canine inspections of persons, baggage, cargo, and other articles destined for direct movement to or from Hawaii by domestic or international travel for high-risk invasive species and agricultural materials. (As background, such inspections aim to prevent the introduction of pests and diseases that threaten Hawaii's unique agriculture and ecosystems.) Inspections must occur at all departure and interline airports, ports of departure, and U.S. Postal Service destination sectional center facilities; requires development, in consultation with Hawaii, and Federal Register publication within 180 days of enactment of a list of items subject to inspection; and authorizes seizure and disposal of discovered high-risk items in accordance with section 10407.

This section revises the Plant Protection Act's warrantless inspection authority for persons or conveyances moving (1) into the United States, (2) in interstate commerce upon probable cause, or (3) in intrastate commerce within quarantined areas upon probable cause, to explicitly include high-risk invasive species and agricultural materials into Hawaii in accordance with section 10811(c) of the Farm Security and Rural Investment Act of 2002. (The Plant Protection Act authorizes the Secretary of Agriculture to prevent the introduction or spread of plant pests, noxious weeds, and related articles.)

This section expands the scope of agricultural quarantine and inspection (AQI) user fees authorized under the Food, Agriculture, Conservation, and Trade Act of 1990 by (1) including costs of such services provided in connection with arrivals in Hawaii for screening high-risk invasive species under section 10811 of the Farm Security and Rural Investment Act of 2002 (i.e., authority to restrict interstate movement of plants, plant products, and other articles posing high risks of introducing or spreading invasive species to or from Hawaii); and (2) including costs of inspections related to screening high-risk invasive species imported, entered, or exported to or from Hawaii. (Thus, fees collected from international passengers, vessels, aircraft, trucks, and railroad cars can fund these Hawaii-specific invasive species screenings.)

This section requires the Secretary of Agriculture to prescribe and collect user fees sufficient to cover the full cost of preclearance quarantine inspections conducted under section 10811 of the Farm Security and Rural Investment Act of 2002 (i.e., overseas inspections by USDA's Animal and Plant Health Inspection Service to prevent introduction of pests or diseases via imports). (Thus, these inspections previously funded through appropriations are now subject to full cost recovery via fees.)