RELATING TO ENVIRONMENTAL PROTECTION.

HB1988

HOUSE OF REPRESENTATIVES

H.B. NO.

1988

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Environmental Protection
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that coral
reefs are immeasurably important to Hawaii's people, environment, and way of
life.
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A study commissioned by the
National Oceanic and Atmospheric Administration calculated the total economic
value of Hawaiian coral reef ecosystems at $33,570,000,000.

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The
legislature also finds it necessary to take action to protect Hawaii's valuable
reefs from the catastrophic effects of climate change, which are forecasted to
cause the loss of seventy per cent of Hawaii's coral reefs over the next twenty‑five
years.
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Herbivore fish are algae-eating
fishes that protect coral reefs from harmful algal overgrowth due to climate
change and other human-instigated causes.
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They are important fish for Hawaii's reefs and
also for Hawaii's fishers, who rely on them as food for their families.

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The
legislature further finds that the commercial aquarium pet trade has taken
millions of herbivores and other important fish from Hawaii's reefs for pet
stores and hobbyist tanks across the continental United States and beyond,
which has substantially reduced species diversity, abundance, and biomass.
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The aquarium pet trade has removed some
herbivorous species by upwards of eighty per cent of their population in many
areas, and despite the removal of collection pressure in late 2017, the most
heavily collected species, the yellow tang, has failed to recover as
biologically and historically expected, raising concerns about the current
health of Hawaii's reefs and their long-term ability to continue to support
food fishers and all others who rely upon them in myriad ways.
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Further, the cost of managing and enforcing
the aquarium pet trade effectively exceeds the economic benefit of the industry
to the state.

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Prohibiting
the commercial collection of reef wildlife for the aquarium pet trade is also
consistent with other state laws, such as the 1988 prohibition on the taking of
sand, rocks, soil, and other marine deposits and certain types of live rock and
coral, all of which are necessary to protect the environment and preserve the
State's natural resources held in the public trust for the benefit of all of
Hawaii's peoples.
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The legislature
recognizes that these obligations to protect the environment are enshrined in
the Hawaii State Constitution, specifically in article XI, section 1,
conservation, control, and development of resources; article XI, section 9,
environmental rights; and article XII, section 7, traditional and customary
rights.

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Accordingly,
the purpose of this Act is to prohibit the collection of aquatic life for
commercial aquarium purposes, regardless of the method of collection, while
allowing the following practices to continue:

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(1)
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The issuance of special activity permits
pursuant to section 187A-6, Hawaii Revised Statutes;

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(2)
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The issuance of recreational permits for the non‑commercial
capture of aquatic life for aquarium purposes, in accordance with existing laws
and rules regarding compliance with environmental assessments; and

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(3)
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Captive-breeding and aquaculture efforts, as
regulated by section 187A-3.5, Hawaii Revised Statutes.

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SECTION
2.
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Chapter 189, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

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"
�189-
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Harvesting aquatic life
for commercial aquarium purposes; prohibition.
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(
a)
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No person shall harvest aquatic life for
commercial aquarium purposes.

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(b)
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This section shall not apply to the issuance of a license or permit for
activities permitted under sections 187A‑3.5 and 187A-6; provided that
the requirements of those sections are met.

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(c)
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For the purposes of this section:

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"Aquarium purposes" means to
hold saltwater fish, freshwater nongame fish, or other aquatic life alive in a
state of captivity or display, or for sale for these purposes.

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"Commercial" means to take
aquatic life for profit or gain, or where the aquatic life is sold, offered for
sale, possessed with intent to sell, bartered, landed, or transported for sale.
"

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SECTION
3
.
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Section 189-11, Hawaii Revised Statutes, is
amended to read as follows:

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"
�189-11
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Receipts in duplicate.
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Every
commercial marine dealer shall issue receipts to the person from whom marine
life is obtained and shall provide the following information in the receipt:

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(1)
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The date of the issuance;

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(2)
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The name of the person to whom the receipt is
issued;

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(3)
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The following information with respect to each
of the varieties of marine life as the department shall require including:

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(A)
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The weight in pounds of each of the varieties
received;

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(B)
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The numbers of marine life when they average a
pound or more; and

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(C)
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The price per pound paid; and

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[
(D)
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With regard to aquarium fish, regardless of
weight, the number and species of the fishes; and
]

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(4)
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The signature of the dealer who issues the
receipt.

Any dealer taking the dealer's own marine life or
handling any marine life taken by commercial marine licensees working for or
with the dealer, shall make out the same receipt, giving market price for the
marine life as prevails on the date of receipt.
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A duplicate copy of this receipt shall be kept on file at the premise
where the marine life was sold by the dealer issuing the same for a period of
twelve months from the date of issuance, and the duplicate copy shall be
available for inspection upon the demand of any conservation officer authorized
to enforce the laws of the State."

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SECTION
4
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Section 188-31.5, Hawaii Revised Statutes, is
repealed.

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["
[�188-31.5]
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Aquarium fish for export; monthly count.
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The department of land and natural resources
shall adopt rules in accordance with chapter 91 to monitor the aquarium fish
catch report and fish dealer's report for export of aquarium fish taken from
the waters of the State for aquarium purposes pursuant to section 188-31.
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A monthly count of the quantities taken of
each individual species of aquarium fish exported shall be reported to the
board.
"]

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SECTION
5.
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Nothing in this Act shall be
construed to prohibit the exercise of traditional and customary practices
protected under article XII, section 7 of the Constitution of the State of
Hawaii, the lawful taking of fish for consumption or bait, or the lawful
management or taking of aquatic life from fishponds.

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SECTION
6.
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If there is any conflict with section
188-31, Hawaii Revised Statutes, this Act shall supersede that section.

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SECTION
7.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION
8.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
9.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 10.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Aquatic
Life; Aquarium Fish; Harvesting; Commercial Aquarium Purposes; Prohibition

Description:

Prohibits
the harvesting of aquatic life for commercial aquarium purposes, regardless of
the method of collection.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.