State senators pressed isle Department of Agriculture leaders on how they are going after “bad actors” in their battle against infestations of little fire ants.

More specifically, they were concerned over the department’s inaction following a detection of the invasive, stinging ants at Punahou School’s Carnival a few months ago.

The joint informational hearing Opens in a new tab held Thursday by the Senate Committees on Commerce and Consumer Protection and Agriculture and Environment lasted 2-1/2 hours but concluded with few answers, much criticism and little resolution.

On Feb. 2 the department issued a news release saying donated plants infested with the ants were intercepted prior to the carnival’s plant sale.

This was due, in part, to Punahou’s protocol to have the plants checked by the Oahu Invasive Species Committee before the sale. HDOA isolated about 400 plants, and Punahou held off on sales initially but then resumed them after follow-up surveys Saturday morning.

Senators expressed frustration that the department is still stalling on steps necessary to prevent infested plants from being sold to the community.

The donated plants for the carnival were linked to seven nurseries in Waimanalo, officials said, and at least one was a repeat offender, previously known to have sold infected plants.

But HDOA said it was difficult to determine which of the seven nurseries contributed the infected plants since they had been dropped off at one collection point and delivered in one truck.

After infected plants were isolated and then treated, no other LFAs have since been detected at Punahou School, the department said.

State Board of Agriculture Chair Sharon Hurd said the nurseries had given their assurances they were treating their plants for LFAs.

“There were no findings of LFA at Punahou Carnival,” she said. “Had there been findings, we probably would have taken further action and moved more rapidly.”

During the hearing, however, it came to light that six of the businesses worked with HDOA to have their properties surveyed and treated for the ants, but one still has not.

That remaining one, a landscaper, has not responded to HDOA’s phone calls or a certified letter sent months ago.

State Sen. Jarrett Keoho­kalole, chair of the Committee on Commerce and Consumer Protection, told Hurd the hearing was being held because the department was not keeping any treatment records from those nurseries or taking action requiring that seventh business to participate.

Keohokalole was particularly frustrated, given that Hurd confirmed at least one of the same five “bad actors” discussed in a hearing six months ago had donated plants to Punahou.

At that earlier hearing, HDOA said it was seeking court orders to work with those offending nurseries and to quarantine any infested plants.

Wednesday’s hearing was also held after recent legislative approval of Senate Bill 2419, which earmarks nearly $20 million to HDOA as the lead agency to combat invasive species, and which goes to Gov. Josh Green for approval.

“It seems like a serious misallocation of resources at this point,” said Keohokalole, adding that by taking no action, HDOA was sending these businesses the message there are no consequences for their offenses.

“If we’re going to spend (the $20 million) dealing with voluntary people and we’re just going to allow all the bad actors to flaunt state law,” he said, “then maybe that was a misallocation of resources.”

HDOA said all five “bad actors” are now self-­reporting that they are treating for LFAs, but not all have granted it access for surveys.

Darcy Oishi, acting manager of the HDOA’s plant pest control branch, said authorities have made multiple calls to this landscape business, and sent a certified letter, with no response.

At first it was unclear when that certified letter was sent, then it was revealed that it was sent months ago, prior to the Punahou Carnival.

On March 26 an interim rule also went into effect, giving HDOA more clout, including the ability to quarantine plants infested with little fire ants on Oahu.

But Oishi said in order to pursue a court order to access the property of this landscaper, he needed an approved response plan.

That plan was just signed days ago, according to Hurd, as HDOA was swamped during the legislative session.

It turns out that Punahou School was not the only school that had LFA infestations in donated plants at its events.

The fire ants were found during surveys of plants for Kamehameha Schools’ Ho‘olaulea fundraiser in late February, according to Oishi. They were linked to one nursery, which willingly worked with HDOA to survey and treat its plants.

At ‘Iolani School an infestation was linked to cut flowers from Hawaii island and was minimal, he said.

The senators also pressed Hurd on why HDOA does not name “bad actor” businesses to inform the public.

“We know there are a number of them that are in Waimanalo,” said Keohokalole. “One of them is Koba’s … and then Pua Lani landscaping, that’s the other one right? We talked about a landscaping company.”

State Sen. Kurt Favella said HDOA could put the names of the bad actors out on social media or their website, and have it reported on the 5 o’clock news.

Hurd said the department was concerned about litigation and preferred not to name businesses without proper evidence.

“If we don’t have any evidence,” she said, “that would damage that nursery and all the other nurseries that would want to come forward and seek our help.”

Sen. Chris Lee said the problems have been going on for a dozen years, when there also was a situation in Waimanalo.

“Here were are … and it seems like we’re still stuck in a place where we don’t have meaningful enforcement, meaningful intervention and, most of all, meaningful response from all the various actors out in the community,” he said.

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.

Legislators have become increasingly concerned as infestations continue to spread across Oahu, particularly on the Windward side.