The Hawaii Department of Agriculture has established an interim rule giving it the ability to quarantine plants infested with little fire ants on Oahu.

The one-year rule gives the department the authority to prevent businesses from selling or moving an infested plant from one part of the island to another.

It comes after a public outcry over what was seen as the department’s lax enforcement of ‘bad actors’ that were knowingly selling infected plants to the public, exacerbating the spread of the stinging ants across Oahu. It applies to live plants as well as cut flowers, fruits, vegetables, green waste, soil and compost.

“The Department of Agriculture is moving forward from past policies to gain more enforcement authority to stop the spread of invasive pests,” said Hawaii Board of Agriculture Chair Sharon Hurd in a news release. “Our concern is always that the department has enough personnel and resources to adequately and fairly administer potential quarantine actions such as those allowed by this interim rule.”

Violations of the interim rule, which went into effect March 26, are considered a misdemeanor, with fines of $100 to $1,000 for the first offense, and $500 to $25,000 for a second offense within five years.

Little fire ants, or Wasmannia auropunctata, are an invasive species from South America — first found on Hawaii island in 1999 — that can deliver painful stings and potentially blind pets.

State legislators have become increasingly concerned as infestations of the ants continue growing across Oahu. They have hosted town halls and mobilized volunteers to go door to door, handing out ant test kits.

Recent discoveries of infestations have been found in Maunawili, Lanikai and Kaneohe, with more expected in months to come.

“I think we all expect to continue to find more infestations, which is unfortunate, but not unexpected,” said Nate Dube, manager of the Oahu Invasive Species Committee. “We have not been able to keep up based on lack of capacity from our organization and our partner organization at Hawaii Ant Lab.”

With limited staff and resources, the growth of the ant infestations is outpacing treatment and containment efforts.

But the regulatory side of the issue also needed to be addressed, Dube said, and this interim rule will help.

“It definitely fills a gap,” he said, “and we are grateful to the Hawaii Department of Agriculture for filling that gap right now.”

The interim rule only pertains to little fire ants on Oahu, not on other islands where infestations are also growing, including Kauai and Maui.

HDOA said it is considering similar actions for Kauai and Maui counties but would first need to address staffing issues for the inspection and treatment of infested properties.

The interim rule for Oahu remains in place for one year while the department finalizes permanent rules.

Dube and other advocates, meanwhile, hope permanent rules will be in place soon to address invasive species statewide, including others of growing concern, such as coconut rhinoceros beetles.

A stricter set of rules approved by the state’s Agriculture Board more than a year ago underwent a public hearing Jan. 30 after concerns over why they had not moved forward yet.

Dozens testified in support of amended Chapter 4-72 rules authorizing the department to stop the sale of pest-infested plants within the islands.

These newly proposed rules would prohibit infested pest host material or pests — including little fire ants and coconut rhinoceros beetles — from being moved within as well as between islands unless treated. The rules would also update a list of pests for control or eradication and include the two-lined spittlebug, which causes citrus greening and poses a threat to ranches.

Those rules are undergoing review, according to the Agriculture Department.

A number of legislative bills, meanwhile, seek to allot more funding to efforts to combat invasive species in Hawaii.

House Bill 2619, which is progressing through the state Legislature, seeks to appropriate funds to the Agriculture Department for programs and positions in agricultural biosecurity.

“There is more optimism this year that more resources will be made available to the department to carry out the daunting task of eradicating and controlling invasive pests,” board chairperson Hurd said in a statement.

Christy Martin of the University of Hawaii at Manoa’s Coordinating Group on Alien Pest Species says timing is crucial because Oahu is at a tipping point and needs to act quickly.

She said it remains to be seen how the department puts the interim rules into action to enact quarantines and to stop ‘bad actors’ from knowingly selling ant-infested plants, which has been ongoing among several nurseries in Waimanalo.

“Of course, interim rules are only valid for one year,” she said. “If they (HDOA) don’t get anything put in place by then, we’ll be right back to where we were, with no tools.”