Key lawmakers to focus on agricultural crimes, invasive species, food security

Hawaiʻi Public Radio | By Mark Ladao

Published January 28, 2025 at 10:33 AM HST

HPR

A loʻi kalo, or taro field, in Waiʻoli Valley on Kauaʻi’s north shore.

The top priorities for state lawmakers in key agriculture positions this year are highlighted by agricultural crimes, biosecurity, and the formation of a sustainable food system.

Sen. Tim Richards, the vice chair for the Committee on Agriculture and the Environment and a rancher on Hawaiʻi Island, said his focus is curbing agricultural crimes.

He introduced a “stand your ground” bill to do so, which he acknowledged would be controversial.

“Basically what it's going to do is allow people to defend their properties. There's gonna be pushback, I know, because people will talk about vigilante law and all that. I get it, I know what they're saying — but what are we supposed to do?” he said.

1. Defending against agricultural trespassers

Senate Bill 1248 allows for the use of deadly force on agricultural land.

According to the measure, “the actor is not obliged to retreat, has the right to stand the actor's ground, and may justifiably use deadly force in self-protection if the actor is not engaged in criminal activity and is on agricultural land where the actor has a right to be; provided that the actor was not the original aggressor.”

The “castle doctrine” is a common law principle in the U.S. that allows citizens to use deadly force against a threat in their homes without having to retreat first.

In states with a “stand your ground” law, the public has more authority to use deadly force — likely with a firearm — against threats outside of their homes.

Proponents of those laws believe they reaffirm citizens’ right to bear arms and self-defense. But they’re also associated with increases in gun violence, and studies find that they disproportionately hurt Black and brown communities.

But Richards said Hawaiʻi farmers currently don’t have a lot of options for protecting themselves when crimes take place on agricultural land.

And agricultural crimes locally are becoming a bigger problem. Richards said he’s recently had to confront armed hunters trespassing on his land.

“I had three guys … trespassing with guns within 200 yards of my house, and my cowboys caught them and disarmed them. These guys were minors, (so we) got a hold of the parents and kicked them off,” he said, adding, “We're not law enforcement, and my cowboys are disarming guys with guns.”

His situation ended peacefully, but that’s not always the case. Last February a similar confrontation with trespassing hunters led to the fatal shooting of Cranston Pia, a farmer in Waiʻanae on Oʻahu.

“It's personal for me because I've had experiences of dealing with armed trespassers, and it wasn't five days after he was killed, his mother was in my office — his mother and his widow, actually. That's one of the hardest meetings I've been through, and I gave them my word that I would not let this go,” Richards said.

SB1248 is also called the Cranston Duke Pia Act.

2. Keeping invasive species out of Hawaiʻi

Another point of emphasis during this year’s session, once again, is managing invasive species.

Last year lawmakers passed Act 231, a biosecurity measure that gave the state Department of Agriculture $10 million specifically for managing invasive species like little fire ants and coconut rhinoceros beetles.

Rep. Kirstin Kahaloa, the chair of the House Committee on Agriculture and Food Systems, wants to build on that momentum.

“The previous Act 231 really focused on how we strengthen biosecurity with some light touches of statute, and really making the Department of Agriculture the apex and the lead. This bill will strengthen the other areas of statute that we weren't able to touch,” Kahaloa said.

She’s also supporting biosecurity outreach and public education, which were part of Act 231 but had to be removed after Gov. Josh Green slashed its original $20 million allocation in half.

Kahaloa has also introduced a measure that would give the Agriculture Department about $20 million to fund the 44 permanent biosecurity positions, which were also originally in Act 231.

The department said it won’t be able to encumber those Act 231 funds, so they’ll lapse this summer.

Kahaloa also wants to give the DOA the ability to declare biosecurity emergencies.

Rep. Matthias Kusch, the new vice chair for the House Agriculture Committee, said invasive species and agricultural crimes are among the two most important agriculture measures this year.

But he hopes that the omnibus biosecurity measure also emphasizes invasive species that harm native ones, instead of just those that have an impact on local agriculture.

“Invasive species come in all forms. … The feedback I’ve gotten is if the Department of Agriculture is able to do things like curb invasive species that impact our native forests and native wildlife,” he said.

3. Improving food security as an island state

Sen. Mike Gabbard, who chairs the Senate’s agriculture committee, is focusing on a yearslong effort to establish a sustainable food systems working group.

The vulnerabilities in Hawaiʻi’s food supply chain became apparent during the COVID-19 pandemic when imports stopped and grocery store shelves emptied. The state has a two-week supply of food once ships stop bringing them in.

Additionally, the high cost of living in the state has resulted in a high rate of food insecurity.

“It's almost a cliche that we continue to import about 85% to 90% of our food. It costs about $3 billion annually, and yet we have thousands of acres of designated agricultural lands just sitting there waiting for farmers,” Gabbard said. “This is a huge problem. So, duh — we need a plan. When you’ve got a big problem, you’ve got to have a plan.”

Senate Bill 1186 would establish a food systems working group within the Agriculture Department to gather experts and stakeholders along the local food supply chain to come up with such a plan.

Ultimately, a sustainable food system would reduce the state’s dependence on imported food and, according to the bill, “can enhance environmental, economic, social, and cultural health, well-being, and equity while also responding effectively to disasters and crises.”

Similar measures introduced in previous legislative sessions were generally well-supported.

Other measures related to food and agriculture introduced this year aim to support the state’s Farm to School program, encourage aquaculture, and discourage the foreign ownership of agricultural land.