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HB2101
HOUSE OF REPRESENTATIVES
H.B. NO.
2101
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Commercial Aquarium Collection
.
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 the
capture and sale of Hawaii's native reef wildlife for ornamental display and
commercial profit is unsustainable and contrary to Hawaiian values, including
malama aina, aloha aina, kuleana for the surrounding environment, and pono
fishing practices, such as taking only what is needed for family or community
subsistence.
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The
legislature further finds that the 1953 territorial legislature, in enacting
legislation to permit commercial aquarium fish collection using fine-meshed
nets, currently codified in section 188-31, Hawaii Revised Statutes, ignored,
disregarded, and effectively nullified the many traditional uses of Hawaiian
reef fish by falsely stating that fish taken for aquarium display have
"little or no value as food fish," and that "the species of fish
for aquarium purposes is not edible".
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The
legislature recognizes that many species of fish targeted by aquarium
collection, including lauipala (yellow tang) and kole (goldring surgeonfish),
have in fact been used for subsistence and cultural purposes and have been
critical to maintaining healthy reef ecosystems to support these purposes since
time immemorial, up to and including the present day.
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The
legislature also finds that climate change and associated ecological shifts require
the State to keep as many native fish on the reef as possible.
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Abundant populations of herbivorous reef
wildlife can bolster reef resiliency against the effects of climate change by
consuming algae that bloom and can smother reefs following ocean heat waves or
changes in ocean acidity.
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Reefs provide
vital ecosystem benefits, reducing the impact of extreme weather events and
high surf by moderating onshore erosion, protecting human infrastructure, and
mitigating harm to flora and fauna.
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Moreover, on-reef tourism activities, including snorkeling and diving,
are a vital part of Hawaii's nature-based tourism economy, which is driven by
healthy and vibrant ecosystems.
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The
legislature notes that in 1988, the State prohibited the taking of sand, dead
coral or coral rubble, rocks, soil, and other marine deposits.
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Extending these prohibitions to encompass the
commercial collection and sale of reef wildlife for the aquarium pet trade is now
necessary to protect and conserve Hawaii's invaluable natural resources for
present and future generations, including traditional Native Hawaiian cultural
practices that depend on them.
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The
legislature further notes that these obligations and protections are enshrined
in article XI, sections 1 and 9, and article XII, section 7 of the Constitution
of the State of Hawaii.
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Accordingly,
the purpose of this Act is to prohibit the capture and sale of aquatic life for
commercial aquarium purposes, regardless of the method of collection.
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SECTION 2.
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Chapter 188, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�188-
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Harvesting aquatic life
for commercial aquarium purposes; prohibition.
�
(a)
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No person shall harvest aquatic life from
state marine waters for commercial aquarium purposes.
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(b)
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Nothing in this section shall be construed to:
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(1)
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Affect:
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(A)
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Captive-breeding and aquaculture activities
pursuant to section 187A-3.5; or
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(B)
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The issuance of special activity permits authorizing
the capture and take of aquatic life for scientific, educational, management,
or propagation purposes pursuant to section 187A-6; or
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(2)
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Prohibit the:
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(A)
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Exercise of traditional and customary
practices;
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(B)
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Lawful taking of fish for consumption or
bait; or
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(C)
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Lawful management or taking of aquatic life
from fishponds.
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(c)
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As used in this section:
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"Commercial
aquarium purpose" means the taking of marine life for profit, gain, or as
a means of livelihood for sale into the aquarium trade to be held in a state of
captivity as a pet or for ornamental display.
"
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SECTION
3
.
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Section 188-22.9, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�188-22.9[
]
]
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Ha`ena community-based subsistence fishing
area; restrictions; regulations.
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(a)
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There is designated the Ha`ena community-based subsistence fishing area
on the northwestern coast of Kauai, which shall consist of all state waters and
submerged lands bounded by:
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(1)
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The shoreline of the Ha`ena district;
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(2)
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A line that follows an imaginary extension of
the boundary between Hae`na state park and Na Pali state park that extends
seaward for one mile from the shoreline;
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(3)
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An irregular line one mile offshore that is
parallel to the contours of the shoreline; and
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(4)
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A line that follows an imaginary extension of
the boundary between Hae`na and Wainiha, as specified in the tax map of the
county of Kauai, that extends seaward for one mile from the shoreline.
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(b)
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In addition to the provisions of this
chapter, the following uses or activities shall be regulated in the Ha`ena
community-based subsistence fishing area:
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(1)
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Any activities with a commercial purpose, as
defined in section 187A-1;
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(2)
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The issuance of any commercial marine license,
as defined in section 187A-1;
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[
(3)
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The issuance of any aquarium fish permits,
pursuant to section 188-31;
]
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(4)
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Fishing with the use of gill nets;
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(5)
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Fishing with self-contained underwater
breathing apparatus and spears; and
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(6)
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Any other use or activity that the department
of land and natural resources, in consultation with the inhabitants of the
ahupua`a of Ha`ena and other interested parties, deems appropriate.
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(c)
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The department of land and natural resources,
as soon as practical, shall consult with as broad a base as possible, group of
inhabitants of the ahupua`a of Ha`ena and other interested parties to establish
rules for the Ha`ena community-based subsistence fishing area, to include but
not be limited to:
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(1)
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A determination of fishing practices that are
customarily and traditionally exercised for purposes of native Hawaiian
subsistence, culture, and religion in the fishing area;
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(2)
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A management plan recognizing existing marine
activities permitted by the department of land and natural resources and
containing a description of specific activities to be conducted in the fishing
area, including evaluation and monitoring processes and methods of funding and
enforcement;
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(3)
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Limits on the harvest of aquatic life, as
those terms are defined in section 187A-1, in the fishing area;
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(4)
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The establishment of no harvesting zones
within the fishing area without depriving ahupua`a inhabitants of access to
traditional sources of subsistence; and
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(5)
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A process for the expansion of the fishing
area to include other ahupua`a.
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The
department of land and natural resources shall adopt rules pursuant to chapter
91 necessary for the purpose of this section."
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SECTION
4
.
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Section 189-11, Hawaii Revised Statutes, is
amended to read as follows:
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"
�189-11
�
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
��������
[
(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
5
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Section 188-31, Hawaii Revised Statutes, is
repealed.
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["
�188-31
�
Permits to take aquatic life for aquarium purposes.
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(a)
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Except as prohibited by law, the department, upon receipt of a written
application, may issue an aquarium fish permit, not longer than one year in
duration, to use fine meshed traps, or fine meshed nets other than throw nets,
for the taking of marine or freshwater nongame fish and other aquatic life for
aquarium purposes.
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(b)
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Except as prohibited by law, the permits
shall be issued only to persons who can satisfy the department that they
possess facilities to and can maintain fish and other aquatic life alive and in
reasonable health.
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(c)
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It shall be illegal to sell or offer for sale
any fish and other aquatic life taken under an aquarium fish permit unless
those fish and other aquatic life are sold alive for aquarium purposes.
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The
department may adopt rules pursuant to chapter 91 for the purpose of this
section.
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(d)
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For the purposes of this section:
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(1)
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"Aquarium purposes" means to hold
salt water fish, freshwater nongame fish, or other aquatic life alive in a
state of captivity as pets, for scientific study, or for public exhibition or
display, or for sale for these purposes; and
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(2)
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"Aquarium fish permit" means a
permit issued by the board for the use of fine mesh nets and traps to take salt
water fish, freshwater nongame fish, or other aquatic life for aquarium
purposes.
"]
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SECTION
6
.
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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 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:
_____________________________By
Request
Report Title:
Office of
Hawaiian Affairs Package; DLNR; BLNR; Aquatic Resources; Fishing Regulations;
Commercial Aquarium Collection; Sustainability; Prohibition
Description:
Prohibits
the capture and sale 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.