Hundreds of imported plants, micro-organisms and seafood shipments have been held up for six weeks while state agriculture officials figure out whether they need to undergo time-consuming environmental assessments after a recent court ruling.

The delays affect an unknown number of a wide-ranging group of importers, including King Kekaulike High School's effort to bring in daphnia (tiny crustaceans) for classroom study on Maui, to hundreds of medical and other research projects at the University of Hawai'i, to Fresh Island Fish, which normally ships in seafood through the docks of Honolulu Harbor.

The ruling by the state's Intermediate Court of Appeals in the case of 'Ohana Pale Ke Ao; Kohanaiki 'Ohana; GMO-Free Hawai'i; and Sierra Club, Hawai'i Chapter v. the state Board of Agriculture directly addresses the state's role in imports on state- or county-owned land or over operations funded by the state or counties.

WIDELY FELT IMPACT

But the ruling indirectly has affected almost everyone trying to import a wide range of products into the Islands as a staff of five agricultural specialists on O'ahu struggles to figure out who is on state or county land or funded through the state or counties, said Carol Okada, plant quarantine branch manager for the state Department of Agriculture.

"Everyone's going to suffer, I kid you not," Okada said. "All the operations that don't require an EA (environmental assessment) are also impacted because they've all been backed up. How are we going to address the backlog? This is ridiculous."

Domesticated animals, such as dogs, cats, horses and cattle, are not affected, Okada said.

But all of Hawai'i's aquaculture operations — ranging from abalone to algae cultivation — potentially could be, Okada said.

"This is still the beginning of a problem that began June 13 when we were notified by the (attorney general's) office not to issue permits, permit renewals or letters of authorization for anything on state or county lands or funded by state or county funds," Okada. "Since then, we've been getting interpretations of the ruling. We've been trying to work with the applicants so they don't have to turn anything around" before it gets to Hawai'i's docks.

EXEMPTIONS LISTED

Yesterday, the Department of Agriculture sent a letter to importers telling them that live fish, shellfish or algae shipped in for direct sale would not be subject to an environmental assessment — even if they were unloaded on state land or sold on land leased from the state.

But, the letter said, "the large-scale import of live fish, shellfish, or algae for breeding that involves the extended use of a facility on state or county land may be considered a 'project or program' and thus an action that may require an EA as a condition for permit. Certain activities under this category, however, may be eligible for 'exemption' ... if the project or program is determined to have little or no impact on the environment."

The delays began after the Intermediate Court of Appeals ruled in May against the state in a case involving a permit to import genetically engineered algae at a Big Island facility on state land.

In response, the state attorney general's office is helping the Department of Agriculture review its procedures in granting permits.

"You can't categorically answer every question about what's going to require an EA or not until you address what's being proposed and answer whether or not there should be an exemption," said state Attorney General Mark Bennett.

UH RESEARCH STALLS

In the meantime, UH researchers have no idea how long it will take to get their projects back on track.

"UH officials are in touch and actively discussing this issue with both the state A.G. and the Department of Agriculture to try and resolve it," UH spokesman Gregg Takayama said. "It would potentially affect all research programs at UH."

At the UH medical school, "hundreds" of projects are on hold, said Duane Gubler, chairman of the Department of Tropical Medicine, Medical Microbiology and Pharmacology.

Gubler's researchers are trying to get permission to bring in species of various infectious agents, including dengue fever and avian flu, for studies that could potentially help generations of people.

"A lot of the imports for a lot of types of biologicals are affected," Gubler said. "This will affect a lot of research at the university, and it's had a negative effect on our ability to get grants. A lot of researchers are having to deal with this."