Territory of Hawaii TO PROVIDE FOR THE ENCOURAGEMENT OF Agriculture, Horticulture and Forestry Appropriations for same Passed by the Legislature of I9°3- iLULD HAWAIIAN GAZETTE C O., Ltd. fEB 4 W4 D.of0« V Act 44. An Act to Provide for the Encouragement and Protection' of Agriculture, Horticulture and Forestry. Be it Enacted by the Legislature of the Territory of Hawaii. DEFINITK )X. Section r. Whenever in this Act the word "Board" is used it shall refer and mean the Hoard of Commissioners of Agricult- ure and Forestry, by this Act provided for. APPOINTMENT OF COMMISSIONERS. Section 2. There shall be a Hoard of Commissioners of Ag- riculture and Forestry of five members, who shall be appointed by the Governor by and with the advice and consent of the Senate. The Superintendent oi Public Works of the Territory shall be ex officio a member of said Board, with the same powers and herein prescribed for the other members of said Board, excepl as otherwise herein provided. One of said Commissioners shall he appointed to hold office for one year, oik- for two years, one for three years, on< For four years, and one for five years from January rst, 1004. n the expiration of the respective terms of the said Com missioners, their respective successors shall he respectively ap- pointed for a term of five years. I poii a vacancy occurring in said hoard, a Commissioner shall be appointed to till such vacancy lor the remainder of the unex- pired term. ( >RGANIZATK >.\ < IF B( >ARD. ion .v Immediately upon their appointment the Com- missi* ners shall elect one of their members President and another Secretary of the Board. The Board shall have power to, from time to time, change its officers. A majority of the members of said Board shall constitute a quorum thereof, with power to transact any business within the powers or jurisdiction of the Board. EXPENSES OF- BOARD. Section 4. The members of the Board appointed under this Act, shall serve without pay. The Superintendent of Public Works shall receive no pay for services performed by him under the terms of this Act other than the salary appropriated by the Legislature for his said office of Superintendent of Public Works. The Board shall be entitled to pay the traveling expenses with- in the Territory of its members, when actually engaged in busi- ness relating to the work of the Commission, and also all cost of postage, stationery, correspondence, records, printing, and other expenses necessarily or properly incidental to the business of the Board. DUTIES OF THE BOARD. Section 5. It shall be the duty of the Board: (1) Information and Statistics. To gather, compile, tabu- late, furnish and publish, from time to time, information and statistics. (a) Forestry. Concerning the area, location, character and natural and artificial increase of forests, and the natural, arti- ficial and accidental decrease of the same, in the Territory of Hawaii, and to prepare and publish maps illustrating; the same as far as possible ; And also concerning the best kinds of trees, plants and shrubs to plant in different localities, suggestions for the care and prop- agation of trees and shrubs both from an economic and an orna- mental standpoint, and other useful information of a similar char- acter, which the Board in its discretion may deem proper. (b) Entomology and Plant Pathology. Concerning insects, scales, blights and diseases injurious, or liable to become inju- rious, to trees, plants or other vegetation, the ways and means of exterminating such pests and diseases aforesaid as are already in the Territory and preventing the introduction of those not yet here. (c) Genera! Agriculture. Concerning fruits, fibres, and use- ful or ornamental plants and their introduction, development and care, and concerning the manufacture or exportation of the same with a view to introducing, establishing and fostering new and valuable plants and industries. (d) Co-operation zvith oilier Organizations. The Board shall in all r espects endeavor, as far as possible, to encourage, work in harmony and co-operate with, the Federal Agricultural Experiment Station established in this Territory, and with all private persons or organizations doing work of an experimental or educational character, coming within the scope of the subject matters of this Act, and to avoid, as far as practicable, duplicating the work of such person or organization. (2) Library. To secure copies of the laws of other states, territories and countries, and other publications germane to the subject matter of this Act, and make the same available for pub- lic information and consultation. ( } i Rules and Regulations. To make rules and regulations, and tc amend the same from time to time in their discretion, subject to the approval of the Governor, for and concerning the introduction, transportation and propagation of trees, shrubs and plants and the preservation, protection, extension and utilization of forests and forest reserves, both natural and artificial; for the quarantine, inspection, fumigation, disinfection, exclusion or de- struction, either upon introduction into this Territory, or at any time or place within the Territory, of any soil, nursery stock, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, cion, bud. sec 1. lot, fruit pit, fruit, vegetable, leaf. nut. or other vege- table growth or other substances, and any box. barrel, package or packing material or containers in which said articles or any of them have been transported or contained which is or may be infected with or liable to assist in the transmission or dissemina- lion of any insect, blight, scale or disease injurious, or liable to become injurious to trees, plants or other vegetation of value. . Included therein may be rules and regulations governing the shipping between the different islands of this Territory of any or all of the nursery stock, trees and other articles in this sub-section herein above enumerated. And also with power to prohibit the importation into the Ter- ritory from any or all foreign countries, or other parts of the United States, or the shipment from one island within the Terri- tory to another island therein, of any specific article, or class of articles above enumerated, which are liable to introduce or dissem- minatc, or assist in the introduction or dissemination of any in- sect, blight, scale or disease, injurious, or liable to become injuri- c.'us to trees, plants, or other vegetation of value.. All rules and regulations made as aforesaid shall have the force and effect of law. (4) Superintendent of Forestry Department. To appoint a Superintendent of Forestry, who shall have charge, direction and control (subject to the direction and control of the Board) of all matters relating to forestry, mentioned in or coming within the scope of this Act, and such other matters as the Board may from time to time direct ; and who shall be paid such salary as may be appropriated by the Legislature. Foresters To appoint and commission in each district of the Territory, one or more foresters, and the same at their pleasure to remove, who shall serve without pay, to assist the Board to carry out the terms and intent of this law. Said Superintendent of Forestry shall be a trained and edu- cated forester, who shall have made the subject of forestrv a special study, and if such a man is available, one who has had practical training and experience in connection with forestry in a tropical country. Assistants and Rangers. To appoint, remove and fix the com- pensation of assistant Foresters and Forest Rangers, who shall have police powers in and concerning all matters relating to or connected with forests or forest reservations and the enforcement of any of the provisions of this Act, and such other persons as the Commission may employ. (5) Care of Forestry Reservations. To have the care, cus- tody, control and regulation of all lands which may he set apart as forest reservations, under the terms of this Act. (6) Protection of Forests and Water Supply To devise ways and means of protecting - , extending', increasing and utilizing the forests and forest reserves, more particularly for protecting and developing the springs, streams and sources of water supply, so as to increase and make such water supply available for use. (/) Self-Support of Forests. To devise and carry into op- eration, ways and means by which forests and forest reservations can, with due regard to the main objects herein set forth, be made self-supporting in whole or in part. (8) Fencing and Exclusion of Slock. To secure as speedily as possible, either by private co-operation or by public appro- priation, the erection and maintenance of fences to exclude live stock from forest reservations, and the removal from such reser- vations of the live stock running thereon, including the killing the same if necessary. (9) Superintendent of Entomological Department. To ap- point a Superintendent of Entomology, who shall have charge, direction and control (subject to the direction and control of the Board) of all matters relating to the exclusion or eradication of insects, scales, blights and diseases injurious, or liable to become injurious, to trees, plants or other vegetation of value; and re- lating to the quarantine, inspection, disinfection, exclusion or de- struction of any plant, article or substance injurious, or liable to become injurious to trees, plants or other veg- tation of value mentioned in or coming within the scope of this Act, and of such other matters as the Board may from time to time direct; and who shall be paid such salary as may he appropriated by the Legislature. The said Superintendent of Entomology shall be a trained and educated Entomologist, who has made the subject of Entomology as related to Agriculture a special study; and. if such a man is 6 available, one who has had practical training and experience in connection with Entomology in a tropical country. (10) Assistant Entomologists and Inspectors. To appoint and commission one or more Assistant Entomologists, one of whom shall be selected especially for his fitness to procure from abroad beneficial insects and growths for the eradication of in- sects, blights, scales and diseases injurious to vegetation of value and for the destruction of injurious vegetation; and such Inspect- ors and other employees as may be necessary for the proper car- rying into effect of this Act, and the same at their pleasure to remove, and to fix the compensation of said Assitsant Entomolo- gists and Inspectors.. (n) Buildings and Apparatus. To provide such building's, grounds, apparatus and appurtenances as may be necessary or proper for the examination, quarantine, inspection and fumiga- tion provided for by this Act ; and for the obtaining, propagation, study and distribution of beneficial insects, growths and antidotes for the eradication of insects, blights, scales or diseases injurious to vegetation of value and for the destruction of injurious vege- tation ; and also any other apparatus or appurtenances necessary or proper for the purposes of carrying this Act into execution. (12) Conflict of Authority. The several Superintendents and other officers appointed under the terms of this Act shall act in harmony and co-operate with each other; but in case any ques- tion involving a conflict of authority shall arise, the Board shall decide the same, and such decision shall be final. (13) Supervision of Expenditures and Records. To super- vise and direct all officers and employees authorized by this Act and the expenditures of all moneys appropriated for the purposes set forth in this Act, and of the special fund herein provided for. All receipts, expenditures and proceedings of the Board shall be duly recorded in proper books of record and account, and moneys shall be paid out only on proper vouchers in accordance with law, and upon the counter-signature of the Superintendent of Public Works. (14). Further Legislation. To formulate and from time to time recommend to the Governor and Legislature of the Territory such additional legislation as they deem necessary or desirable for the the better securing of the objects of this law. (15) Annual Reports. To make and publish, at the end of each year, a report of the expenditures and proceedings of the Board and of the results achieved by the Board, together with such other matters as are germane to the subject matter of this Act, and which the Board may deem proper. RESERVATION OF GOVERNMENT LAND FOR FOR- ESTRY PURPOSES. Section 6. ■ The Governor may, with the approval of a ma- jority of the Board, after a hearing or hearings as hereinafter provided, from time to time set apart any Government land or lands not then under lease, or on which there is a lease o! two years or less, as forest reservations. Any lands so set apart shall not thereafter be leased or sold by the Government, or used in any way or for any purposes inconsistent with this Act, except by law- fully enacted hy the Legislature. Section 7. In all cases (not including roads and city lots), in which it shall he proposed under the provisions of Section 178 or 255 of the Civil Laws, by any person or official that an) public land or any interest therein, shall lie disposed of either by way of quit-claim, sale, exchange, compromise or equitable settle ment, no action shall he taken on such matter until tin- same shall first have been referred to and approved by the Hoard, which, i"i receiving notice of any such proposed action, shall fully con- sider the same. If the Board shall then disapprove the proposed action it shall notify the Governor accordingly and such pro- posed action shall not he taken. \< >TICE ( >F HEARING. Section 8. Before setting aparl any Government lands under this section, the Governor shall give not less than fourteen days' notice, 1>v advertisement in not less than two newspapers pub- Hshed in this Territory, of intention to consider the setting- apart of government land for forestry reservations under this Act, which notice or notices shall contain the name or names of the [sland or Islands and of the district or districts in which the pro- posed forest reservation or reservations are located, and shall fur- ther appoint a time or times, place or places, for hearing evidence and arguments either for or against the setting apart of said proposed forest reservations under this Act. HEARINGS. Section 9. At the time and place named for any such hear- ing or hearings a f nil hearing shall be given by the Governor and the Board, to all who desire to be heard upon the. subject matter of the said notice. The hearing or hearings held in pursuance of said notice or notices shall be public, and shall be conducted un- der such rules and regulations as the Governor in his discretion may direct Any such hearing may lie continued, postponed or adjourned to such time or times, place or places as the Governor may direct. VESTED RIGHTS. Section 10 Provided, however, that nothing herein con- tained shall be held to in any way interfere or conflict with any vested rights under or arising out of any grant, grants, lease or leases, license or licenses, of or con- cerning any government land or water rights, or rights of way, heretofore made. Nor shall anything herein contained be construed to change any rights in or concerning any water upon or flowing from or through any land set apart or surrendered as a forest reserve, or as depriving or limiting any Territorial officer from exer- cising" any existing power or authority or any power which may hereafter be created to deal with said water or water rights, or rights of way. F( )REST RESERVE ON PRIVATE LANDS. Section ri. Any person or persons, corporation of corpora- tions, may at any time surrender to the Government the care, custody and control of any lands, whether held under lease or in fee, as a forestry reservation, either for one or more years, or forever. No taxes shall be levied or collected upon any private lands so surrendered for the 1 purposes aforesaid, so long as the same shall remain exclusively under the control of the Government as a forestry reservation. SPECIAL FORESTRY FUND. Section* 12. In case any moneys shall accrue from any for- estry reserve, or the products thereof, the same shall he deposited in the Treasury as a special fund for the preservation, extension and utilization of forests and forgst reserves, and the same shall he there held availahle for use under this Act. subject to with- drawal and use in the same manner as moneys appropriated by the ] legislature. IMPORTATION OF PLANTS, FRUIT, ETC. Section 13. No soil, nursery stock, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, cion, bud, seed, root, fruit pit, fruit, vegetable, leaf, nut, or moss shall he imported into the Territory of Hawaii except in the manner, and upon the terms and conditions hereinafter set forth, viz.: (j) Labels. A label shall he affixed to the article desired to be imported, or if it is enclosed, to the box, barrel, ease, pack- age or other container in which it is enclosed, which label shall •ri forth.: (a 1 The name, number or amount, and description of the said article or articles. (b) The locality where the same was produced. l'c) The port from which the same was last shipped. (d) The name of the shippei of said article or articles. (ei The name of the consignee of said article or articles. (2) Request for Inspection. In addition to any requirements of the customs authorities concerning invoices or other formalities 10 incident to importations into the Territory, the importer shall file a written statement with the Board, signed by himself, or his agent or attorney, which shall set forth his desire to import certain articles into the Territory, which articles shall be described as fol- lows, viz. : fa) The name, number or amount, and description of the said article or articles ; fb) The localtiy where the same was produced; (c) The port from which the same were last shipped; (d The name of the shipper thereof: (e) The name of the consignee thereof. The said statement shall also contain a request that the Board examine, or cause to be examined, the articles described as afore- said, and agreeing to be and become responsible for all costs, charges and expenses incident to the inspection, examination, fu- migation, disinfection, quarantine and care of said articles de- sired to be imported. (3) Blanks. Suitable blanks shall be furnished by the Board, upon which to make such requests, which blanks may provide for the insertion of other statements, and may contain other require- ments which the Board, in its discretion and under the authority herein contained to make rules and regulations, may direct. (4) Inspection. Immediately upon receipt of a request for inspection, in accordance with the provisions hereinabove set forth, or as soon thereafter as reasonably practicable, an inspector of the Board shall inspect the said articles desired to be im- ported. (5) Place of Inspection The said inspection may. in the discretion of the said Inspector, be made on the vessel importing the same, on the wharf adjacent thereo, or any other convenient place or places which he may indicate ; but said article or articles shall in no case be removed from the vessel importing the same except upon a written permit signed by said Inspector. (6) L'n packing or Removing. If, in the discretion of said Inspecto'-, it is necessary, advisable or proper, in order to more fully inspect the said articles, to unpack the said articles, or any 11 of them ; or to remove them, or any of them, to any other place or places, he shall have authority so to do at the expense of the importer. (7) Permit to I in port. If, upon inspection as aforesaid, or at any time thereafter, if the said article or articles are held for further examination, the said Inspector shall he satisfied that the said articles desired to he imported, or certain of them, are free from insects, blight, scale and diseases injurious, or liable to be- come injurious, to trees, plants, or other vegetation of value, he shall give the importer a certificate of inspection, setting- forth the date of the inspection or inspections, a description of the articles inspected, and permitting them to be imported into this Territory. (8) Disinfection or Quarantine. If, in the opinion of said Inspector, it shall be necessary or proper for the better securing of the objects of this Act, to fumigate, disinfect or quarantine said article or articles, or any of them, be shall have authority so to do, at the expense of the importer. If, in the opinion of said Inspector, it shall be necessary or proper lo hold said article for continued observation or treat- ment in order to be certain that no infection as aforesaid exists, or that any infection which exists or may exist therein may be erad- icated, said Inspector may so hold said article or articles in quar- antine for said purpose or purposes. (9) Destruction of Plan's, Etc. If said Inspector shall at any time, either upon said first inspection or at any time there- after while the said article or articles are being held as afore- said, find that the same or any of them, are infected with or con- tain any insect, blight, scale or disease injurious, or liable to be- c ime injurious, to trees, plants, or other vegetation of value, he shall, in his discretion, destroy the same or hold the same for fur- ther treatment. (io) IVhat ('(institutes Importation. The landing of any article as aforesaid, for the purpose of inspection <»r quarantine, shall not be. nor lie construed to lie. an importation for the pur- pose of giving to the article or articles so landed any status, or the owner thereof any rights or privileges incident to the articles 12 which have been imported into the Territory ; but in legal effect the articles so landed for purposes of inspection shall be con- strued to still be without the Territory, seeking entry into the Ter- ritory, and shall not, in whole or in part, be entitled to be imported into this Territory until a permit so to do, as aforesaid, shall have been issued by the Board or Officer or Inspector thereof. (il) Exceptions to Right to Import. Nothing in this Act contained shall permit the importation of any article, or class of articles, or any article or class of articles from any particu- lar place, if the same, or any of them, have, by special rule or reg- ulation of the Board, as hereinbefore provided, been prohibited from importation into this Territory. (12) Port of Importation of Plants. No nursery stock, soil, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, cion, bud, seed, root, leaf, nut, moss, or other vegetable growth (ex- cept hay, grain, fruit, vegetables and nuts for immediate consump- tion) shall be imported into the Territory of Hawaii, saving and excepting through the port of Honolulu only. SOILS. Section 14. No soil, sand, or rocks or stone having soil ad- hering thereto, brought to. this Territory as ballast, or separate from the roots of plants, trees or other vegetation, except such as are suitable for, and intended to be used as, or in the manu- facture of fertilizer, or for building, mechanical or monumental purposes, shall be allowed to be landed in this Territory. If any vessel comes to this Territory with soil, sand, rocks or stones having soil adhering thereto, on board as ballast or in bulk, and it is desired to remove the same, it shall, except as aforesaid, be dumped at sea. No soil or sand brought to this Territory in connection with or around the roots of plants, trees or other vegetation, or rocks or stones with soil or sand adhering to them, shall be allowed to be imported into this Territory, until the same shall have been removed to a suitable place for inspection and quarantine, and there held for such length of time as, in the discretion of the Board or its Officers or Agents, shall be necessary to prove that it is not 13 infected with insects, blights, scales, or diseases injurious to trees, plants or other vegetation of value. FEES FOR INSPECTION, QUARANTINE, ETC. Section 15. The Board shall, with the approval of the Govern- or, adopt a reasonable scale of charges, which maybe changed from time to time, for the inspection, disinfection, fumigation and quarantine, authorized, required or permitted by this Act. Cer- tificates and permits herein provided for concerning articles im- ported, or proposed to be imported, into this Territory, and the charges so provided for, shall be paid for in advance before any certificate or permit is delivered, or any of said articles are per- mitted to be landed. If thereafter further expense is incurred in the inspection, treatment or quarantine of any of said articles, the charges therefor shall be paid before any of said articles shall b^ delivered. PENALTY. Section 16. Any person violating any of the provisions of this Act, and any Master of any vessel which shall bring into this Territory any article which the Hoard shall at any time prohibit from being imported into this Territory; and the Master of any vessel from which shall be landed any article in this Act required to be inspected, until he shall have received a permit to land the said articles from the Board or its Officer or Inspector, as here- in provided, shall be guilty of a misdemeanor, and shall be pun- ished by a fine not to exceed $500, or imprisonment as aforesaid, in the discretion of the Court. RIGHT ( >F APPEAL. Section' 17. Any person who shall feel aggrieved at any decision of any Inspector of the Board shall have the right to ap- peal from such decision to the Hoard. The Board shall give a prompt hearing to the appellant and the Inspector upon such ap- peal, and decide the question at issue, which decision shall be final. 14 EXPENDITURES. Section 18. All persons authorized to be employed by the Board, and all expenditures authorized to be made by the Board, except salaries and expenditures specially fixed by the Legislature, shall be paid out of tbe general appropriation for Agriculture and Forestry, ASSISTANCE. Section 19. The Board shall, so far as reasonably practica- ble, assist, free of cost to individuals, in the eradication of in- sects, blights, scale, and diseases injurious to vegetation of value; and shall in like manner distribute to points where needed, insects, growths and other antidoes for the eradication of insects, blights, scales and diseases injurious to vegetation of value, and for the eradication of vegetation of a noxious character. GENERAL POWERS. Section 20. For the purpose of consolidating the powers and authority relating to kindred matters, the powers and duties here- tofore vested in the Commissioner of Agriculture and Forestry, are hereby transferred to and vested in the Superintendent of Public Works, who shall be the executive officer of the Board, subject to the superintendence and control of the Board. The Board shall also have superintendence and control of the execution and enforcement of all other existing statutes relating to Agriculture and Forestry, and all other matters which may hereafter be placed within their jurisdiction by the Legislature. Approved this 25th day of April, 1903. SANFORD B. DOLE, Governor of the Territorv of Hawaii. BOARD OK Agriculture, Horticulture and Forestry — * A N D -C— APPROPRIATIONS FOR SAME PASSED BY THE LEGISLATURE OF 1903. Salaries and Pay Rolls, Six Months to Dec 31, 1903- Pay of Superintendent of For- estry $ 1,500.00 Assistants, Rangers (to include 1 Ranger for Molokai), Em- ployees and Laborers of Di- vision of Forestry 6,000.00 Pay of Superintendent of Ento- mology 1,500.00 Pay of Assistant Entomologists.. 2,500.00 Assistants, Inspectors and Em- ployees of Division of Ento- mology 1.500.00 Pay of Clerk and Messenger .... 300.00 Pay of Stenographer and Type- writer 600.00 Federal Experiment Station — Chemist ? 500.00 Forward, $14,400.00 16 Brought Forward, $14,400.00 Current Expenses. Incidentals and General Expenses of Hoard, including importa- tion, collection and propaga- tion of Seeds and Plants $ 2,000 00 Apparatus and Library 250.00 Trawling Expenses of Commis- sioners 125.00 Incidentals, General Expenses and Maintenance of Division of Forestry, including fencing, building and tree propagation 5,000.00 Traveling Expenses, Superintend- ent of Forestry 250 . 00 Incidentals. General Expenses and Maintenance of Division of En- tomology, including buildings, disinfecting and quarantine expenses and material, impor- tation, propagation and dis- tribution of beneficial insects, and Traveling Expenses of En- tomologists : 2,500 . 00 Farmers' Institute 75.00 Agricultural and Horticultural Fairs 1,250.00 Assistance to Federal Experiment Station at Honolulu, to be ex- pended under the direction of the Board 2,500.00 Forward, $18,950 00 $28,350.00 17 Brought Forward, BOARD OF AGRICULTURE, HORTICULTURE AND FOR- ESTRY. Salaries and Pay Rolls Eighteen Months to June 30, 1905 — Salary of Superintendent of For- estry I 4,500.00 Assistants, Laborers and Rangers, Division of Forestry 15,000.00 Salary of Superintendent of En- tomology 4,500.00 Pay of Assistant Entomologists. 7,500.00 Pay of Assistants, Inspectors and Employees, Division of En- tomology 4,500.00 Pay of Clerk and Messenger '900.00 Federal Experiment Station. Chemist 1,500.00 $38,400 00 Current Expenses. Incidentals and General Expenses of Board, including importa- tion, collection and distribu- tion of seeds and plants -$ 6,000.00 Apparatus and Library 750.00 Travelling Expenses of Commis- sioners 375. Ou Incidentals, General Expenses and Maintenance of Division of Forestry, including build- ings, fencing and tree propa- gation * 15,000.00 Travelling Expenses-, Superin- tendent of Forestry 750.00 Forward, $22,875.00 $3S,40O 00 18 Brought Forward, $22,875.00 $38,400 00 Incidentals, General Expenses and Maintenance of Division of Entomology, including buildings, disinfecting and quarantine expenses and ma- terial; importation, propaga- tion and distribution of bene- ficial insects, and travelling expenses of Entomologists . . 7,500.00 Agricultural and Horticultural Fairs 3,500.00 Farmers' Institute 225.00 Assistance to Federal Experiment Station at Honolulu 7,500.00 $41,600 00 $80,000.00 BOARD OF AGRICULTURE, HORTICULTURE AND FORESTRY. Six months to December 31, 1903. .$ 28,350.00 Eighteen months to June 30, 1905. 80,000.00 108,350.00 LIBRARY OF CONGRESS Mir 003 163 972 4