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SB3321
THE SENATE
S.B. NO.
3321
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Aquaculture
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The legislature finds that Hawaii's
aquaculture industry serves critical functions for food security, rural
economic development, and environmental stewardship.
�
Restorative aquaculture practices, such as
seaweed cultivation, bivalve restoration, and integrated multi-trophic systems,
also provide measurable benefits to the State, including improved water
quality, carbon sequestration, and the recovery of native species.
����
The
legislature further finds that the importation and movement of aquatic
livestock within the State pose documented biosecurity risks, including the
potential establishment of feral populations, the introduction of novel
pathogens affecting endemic species, and disease transmission to wild stocks
and adjacent aquaculture operations.
�
Current
regulatory frameworks for aquatic livestock assessment are fragmented across
multiple agencies with overlapping and sometimes conflicting jurisdictions,
resulting in permitting delays, regulatory ambiguity, and insufficient
risk-based prioritization.
����
The
legislature acknowledges that international best practices and federal
standards employ biological aquatic risk-based frameworks that categorize
species by the probability and consequences of establishment, which enables
efficient permitting while maintaining biosecurity safeguards.
�
The legislature believes that a similar
coordinated, science-based framework for aquatic livestock assessment that
incorporates risk-based categorization, biocontainment standards, pre-arrival
disease testing, and interagency coordination will help accelerate responsible
aquaculture expansion while protecting Hawaii's unique endemic species and wild
populations.
����
The
legislature also finds that Act 151, Session Laws of Hawaii 2019, mandates the
doubling of local food production by 2030.
�
Meeting this mandate requires expanding
sustainable aquaculture as a cornerstone strategy, contingent upon regulatory
modernization that balances production incentives with biosecurity protection.
�
The legislature believes that this regulatory
modernization should align with the Hawaii aquaculture development program's broader
strategic objectives, support for Native Hawaiian cultural practices, and access
to federal funding.
����
Accordingly,
the purpose of this Act is to establish and implement a biological aquatic
risk-based framework for the assessment and approval of aquatic livestock
importation and movement, including the development of:
����
(1)
�
Biocontainment standards;
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(2)
�
Interagency coordination mechanisms; and
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(3)
�
Performance accountability to simultaneously
advance food security and biosecurity objectives.
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SECTION
2.
�
Chapter 141, Hawaii Revised Statutes,
is amended as follows:
����
1.
�
By designating sections 141-51 through 141-59
as subpart A and inserting a title before section 141-51 to read:
"
A.
�
Aquaculture Program
"
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2.
�
By adding a new subpart to part IV to be
designated as subpart B and to read:
"B.
�
Aquaculture Biosecurity
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�
141-
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Definitions.
�
As used in this subpart:
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"Aquatic
livestock" means various species of domestic and non-domestic fish,
crustaceans, and mollusks, including both finfish and shellfish varieties, that
are propagated and raised for food, restorative activities, ornamental
purposes, or similar commercial purposes.
�
"Aquatic livestock" includes native Hawaiian species used for
subsistence, cultural, or restoration purposes.
�
"Aquatic livestock" does not include wild-caught organisms
unless the organisms are held in aquaculture facilities for breeding or
hatchery purposes.
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"Biocontainment"
means the integration of methods, procedures, facility features, and
containment or safety equipment designed to prevent the release of aquatic
livestock, infectious agents, and associated pathogens into the
environment.
�
"Biocontainment"
includes:
����
(1)
�
Physical containment structures such as tanks,
raceways, and net enclosures, with overflow screens, drain covers, and
emergency redundancy systems;
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(2)
�
Operational procedures, including stock
inventory verification, escape response protocols, and regular facility
maintenance and inspection;
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(3)
�
Disease surveillance and quarantine protocols
within facilities;
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(4)
�
Sterilization procedures for effluent or
recirculated water, where applicable; and
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(5)
�
Preventative measures to avoid escapement
during feed delivery, cleaning, harvesting, and emergency situations.
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"Biological
aquatic risk" means the combination of the consequences of an event and
the associated likelihood of its occurrence, where biological material is the
source of harm, including from escaped aquatic livestock species, associated
pathogens, disease organisms, or invasive characteristics.
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"Department"
means the department of agriculture and biosecurity.
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"Division"
means the division of animal industry of the department of agriculture and
biosecurity.
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�
141-
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Aquatic livestock; import assessment and
approval process.
�
(a)
�
The division shall develop and implement a
biological aquatic risk-based assessment and approval process for the
importation and movement of aquatic livestock within the State.
�
The process shall:
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(1)
�
Be based on the biological aquatic risk-based
framework developed pursuant to section 141-52;
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(2)
�
Include pre-arrival disease testing
requirements consistent with standards established by the United States
Department of Agriculture and National Oceanic and Atmospheric Administration;
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(3)
�
Require entry inspections at ports of entry or
designated facilities, which shall include, at a minimum, health certifications,
species identification, and initial containment verification;
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(4)
�
Include post-arrival inspection and quarantine
protocols aligned with the assessed risk level;
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(5)
�
Require quarantine or depopulation of any
aquatic animals as necessary, based on risk assessment or detection of disease
or pathogenic organisms; and
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(6)
�
Establish interagency coordination procedures,
timelines, and lead agency designation to ensure compliance with section
91-13.5 for automatic permit approval requirements.
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(b)
�
The department may adopt, amend, or repeal
rules pursuant to chapter 91 as necessary to develop and implement the biological
aquatic risk-based assessment and approval process.
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�
141-
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Permit tracking and reporting.
�
The division shall establish and maintain a
permit tracking system documenting all aquatic livestock import and movement
applications.
�
The tracking system shall
include:
����
(1)
�
The application receipt date, applicant
identity, and the aquatic livestock species;
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(2)
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The biological aquatic risk categorization
assigned;
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(3)
�
Participating agency review periods and
decision dates;
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(4)
�
A determination of approval, conditional
approval, or denial;
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(5)
�
Processing time from initial application to
final determination; and
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(6)
�
A system for providing reports quarterly to
the department and applicable interagency partners that evaluate processing
performance and permit approval rates.
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�
141-
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Interagency coordination.
�
(a)
�
There is established within the department an interagency working group.
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(b)
�
The interagency working group shall comprise
the following members or their designees:
����
(1)
�
The administrator of the division of animal
industry of the department of agriculture and biosecurity, who shall serve as
chair;
����
(2)
�
The administrator of the division of aquatic
resources of the department of land and natural resources;
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(3)
�
The deputy director of the department of
health's environmental health administration;
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(4)
�
The chairperson of the board of land and
natural resources;
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(5)
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The director of the office of planning and
sustainable development; and
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(6)
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The director of the department of planning and
permitting, or department of planning, for each county.
����
(c)
�
The working group shall:
����
(1)
�
Meet quarterly or as necessary to review
pending permit applications and processing timelines;
����
(2)
�
Develop and implement interagency memoranda of
understanding to establish lead agency responsibilities, processing timelines,
and dispute resolution procedures;
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(3)
�
Ensure that all participating agencies comply
with the automatic permit approval provisions of section 91‑13.5;
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(4)
�
Identify any regulatory conflicts or statutory
gaps impeding aquaculture development and provide any recommendations to the
legislature; and
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(5)
�
Submit to the legislature an annual report on coordination
outcomes and permit processing performance.
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�
141-
����
Performance metrics.
�
The division shall establish, implement, and
track the following performance metrics:
����
(1)
�
Permit processing efficiency:
���������
(A)
�
By July 1, 2028, reduce the average aquatic livestock
import permit processing timeline to reach a target of twelve to fifteen months;
���������
(B)
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Achieve one hundred per cent compliance with
section 91-13.5, Hawaii Revised Statutes; and
���������
(C)
�
Reduce permit denials through early risk
identification;
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(2)
�
Framework effectiveness:
���������
(A)
�
By June 30, 2028, complete species risk categorization
for priority aquaculture species;
���������
(B)
�
Achieve zero documented escapement incidents
from certified biocontainment facilities; and
���������
(C)
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Conduct annual species recategorization
reviews based on peer-reviewed research;
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(3)
�
Stakeholder satisfaction:
���������
(A)
�
Conduct annual surveys of permit applicants
with target satisfaction scores;
���������
(B)
�
Hold quarterly interagency working group
meetings; and
���������
(C)
�
Facilitate annual stakeholder forums; and
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(4)
�
Environmental outcomes:
���������
(A)
�
Document zero establishment of unintended feral
populations from permitted operations;
���������
(B)
�
Maintain baseline monitoring of endemic
species; and
���������
(C)
�
Support restoration aquaculture operations
demonstrating measurable environmental benefits."
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SECTION
3
.
�
Section 141-52, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
There is established within the department an
aquaculture program that shall:
����
(1)
�
Monitor actions
taken by industry and by federal, state, county, and private agencies in
activities relating to aquaculture, and promote and support worthwhile
aquaculture activities[
;
]
that advance food security, environmental
restoration, cultural perpetuation, and economic development objectives;
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(2)
�
Serve as an
information clearinghouse for aquaculture activities[
;
]
, including permitting
requirements, species-specific guidance, and technical assistance resources;
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(3)
�
Coordinate
development projects to investigate and solve biological and technical problems
involved in raising selected species with commercial [
potential;
]
,
nutritional, restorative, or cultural value;
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(4)
�
Actively seek
federal funding for aquaculture activities[
;
]
, including competitive
grants under the federal Marine Aquaculture Research for America Act and
related federal programs;
����
(5)
�
Undertake
activities required to develop and expand the aquaculture industry[
; and
]
,
including:
���������
(A)
�
Developing a comprehensive biological
aquatic risk-based framework for an assessment and approval process for aquatic
livestock that:
��������������
(i)
�
Categorizes aquatic livestock species based
on the probability and consequences of the establishment of a feral,
self-sustaining population;
�������������
(ii)
�
Establishes hierarchical risk categories
with corresponding approval timelines and biocontainment requirements;
������������
(iii)
�
Incorporates species-specific risk
criteria, including native status, invasive characteristics, pathogenic load,
and ecological impacts;
�������������
(iv)
�
Includes provisions for recategorization
based on new scientific evidence or documentation of ecosystem impacts;
��������������
(v)
�
Requires a written risk assessment
rationale for each species categorization; and
�������������
(vi)
�
Is updated annually based on peer-reviewed
research, industry experience, and interagency input; and
���������
(B)
�
Developing comprehensive biocontainment
standards that establish physical, operational, and monitoring requirements,
including:
��������������
(i)
�
Facility design specifications appropriate
to containment risks and species characteristics;
�������������
(ii)
�
Operational protocols for stock management,
biosecurity, and emergency response;
������������
(iii)
�
Monitoring and inspection procedures,
including frequency and verification protocols;
�������������
(iv)
�
Documentation and recordkeeping
requirements;
��������������
(v)
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Periodic third-party certification of self‑certification
regimes appropriate to risk level; and
�������������
(vi)
�
Escalation procedures for biocontainment
failures or suspected escapement; and
����
(6)
�
Perform other
functions and activities that may be assigned by law."
����
SECTION
4
.
�
Section 161-6, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�161-6
�
Division of animal industry.
�
The division of animal industry of the department of agriculture and
biosecurity shall administer this chapter subject to the supervision of the
board.
�
[
The
]
Except for the development
and implementation of biological aquatic risk-based framework and
biocontainment standards under part IV, subpart B of chapter 141, the
board
may delegate any of its powers under this chapter, except the power to make
rules and regulations, or may direct any of its duties to be performed by any
appropriate agents, officers, or employees of the board.
����
The board
may employ on a full or part-time basis veterinarians and poultry inspectors,
subject to chapter 76, to carry out a uniform inspection system of poultry or
poultry products throughout the State.
�
All poultry inspectors shall be under the supervision and control of a
veterinarian employed by the board."
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SECTION
5.
�
(a)
�
In collaboration with the interagency working
group established under section 2 of this Act, the division of animal industry
of the department of agriculture and biosecurity shall develop the biological
aquatic risk-based framework and biocontainment standards pursuant to section 2
of this Act within eighteen months of the effective date of this Act; provided
that the following timeline shall be adhered to:
����
(1)
�
Months one through three, initial research
phase:
�
Commission a comprehensive literature
review examining applicable:
���������
(A)
�
United States Department of Agriculture
standards;
���������
(B)
�
National Oceanic and Atmospheric
Administration protocols;
���������
(C)
�
International best practices; and
���������
(D)
�
Hawaii-specific risk assessments;
����
(2)
�
Months four through twelve, framework
development phase:
���������
(A)
�
Develop species-specific risk assessment
matrices;
���������
(B)
�
Establish risk categorization thresholds;
���������
(C)
�
Develop tiered biocontainment standards; and
���������
(D)
�
Publish a draft framework document and accept oral
and written public comments for at least sixty days, and convene at least six
public hearings during the sixty-day period; and
����
(3)
�
Months thirteen through eighteen, finalization
phase:
���������
(A)
�
Incorporate public comments received pursuant
to paragraph 2;
���������
(B)
�
Finalize species categorizations;
���������
(C)
�
Adopt applicable rules pursuant to chapter 91;
���������
(D)
�
Develop inspector training programs;
���������
(E)
�
Establish permit application procedures; and
���������
(F)
�
Implement an electronic permit tracking system.
����
(b)
�
The framework development process under
subsection (a) shall address alignment with:
����
(1)
�
Chapter 195D, Hawaii Revised Statutes;
����
(2)
�
Section 91-13.5, Hawaii Revised Statutes;
����
(3)
�
Applicable federal requirements; and
����
(4)
�
Integration with the Hawaii aquaculture
program pursuant to section 141-52, Hawaii Revised Statutes.
����
SECTION
6.
�
The department of agriculture and
biosecurity shall submit a report to the legislature no later than twenty days
prior to the convening of the regular session of
2027, and annually thereafter, detailing:
����
(1)
�
Framework development progress and species
categorizations completed;
����
(2)
�
Permit processing statistics and compliance
with statutory timelines;
����
(3)
�
Biocontainment facility certifications and
inspection findings;
����
(4)
�
Any interagency coordination achievements and
regulatory conflicts identified;
����
(5)
�
Escapement incidents, disease detections, or
adverse events;
����
(6)
�
Stakeholder feedback and satisfaction metrics;
����
(7)
�
Updated species risk categorizations and the
scientific basis for any changes;
����
(8)
�
Linkage to broader Hawaii aquaculture program
objectives; and
����
(9)
�
Any recommendations for statutory or
administrative modifications.
����
SECTION
7.
�
There is appropriated out of the
general revenues of the State of Hawaii the sum of $2,000,000 or so much
thereof as may be necessary for fiscal year 2026-2027 for the division of
animal industry of the department of agriculture and biosecurity to:
����
(1)
�
Implement framework-based permitting
operations;
����
(2)
�
Conduct annual framework updates;
����
(3)
�
Perform inspections and biocontainment
verification; and
����
(4)
�
Maintain interagency coordination activities.
����
The sum
appropriated shall be expended by the department of agriculture and biosecurity
for the purposes of this Act.
����
SECTION
8.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 9.
�
This Act shall take effect on July 1, 2026;
provided that section 6 shall be repealed on June 30, 2030.
INTRODUCED BY:
_____________________________
Report Title:
DAB;
Animal Industry Division; Aquaculture; Biosecurity; Biocontainment Standards;
Biological Aquatic Risk-Based Framework; Interagency Coordination; Permitting;
Appropriation
Description:
Requires
establishment of a biological aquatic risk-based framework for assessment and
approval of aquatic livestock importation and movement.
�
Authorizes the Division of Animal Industry of
the Department of Agriculture and Biosecurity to adopt rules implementing
species risk categorization, tiered biocontainment standards, per-arrival
disease testing, and interagency coordination procedures.
�
Establishes an interagency working
group.
�
Requires development of
species-specific risk matrices, interagency working group coordination with
automatic permit approval timelines, and performance accountability.
�
Establishes an implementation timeline.
�
Appropriates moneys.
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not legislation or evidence of legislative intent.