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SB16
THE SENATE
S.B. NO.
16
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to aquarium fish permits
.
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 there is a fundamental difference between "aquarium
purposes" as defined in section 188-31, Hawaii Revised Statutes, and
aquaculture research.
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The legislature
further finds that aquaculture in Hawaii is a burgeoning local industry that
will help the State achieve its food sustainability goals.
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However, the aquaculture
industry in Hawaii may be limited by the definition of "aquarium
purposes" because it unnecessarily requires individuals and organizations
engaged in aquaculture research to acquire an aquarium fish permit.
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The legislature also finds that the ruling of
Umberger v. Department of Land and Natural Resources
further complicated
the definition of "aquarium purposes", hampering Hawaii's aquaculture
industry.
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Accordingly, the purpose of this Act is to
support Hawaii's aquaculture industry by:
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(1)
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Exempting
aquaculture research from section 188-31, Hawaii Revised Statutes;
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(2)
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Amending the definition of "aquarium
purposes"; and
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(3)
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Defining "aquaculture research".
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SECTION
2
.
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Section 188-31, Hawaii Revised Statutes, is
amended to read as follows:
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"
�188-31
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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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(e)
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This section shall not apply to activities conducted for aquaculture
research.
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Aquaculture research
activities shall be conducted in accordance with applicable rules adopted by
the department.
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For the purposes of this subsection,
"aquaculture research" means the cultivation of and experimentation
with aquatic organisms in a controlled environment for scientific, educational,
or conservation purposes, including but not limited to breeding, growth, and
health studies.
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"Aquaculture
research" does not include activities conducted for the commercial sale or
public exhibition of aquatic life.
"
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SECTION 3.
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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 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Aquaculture;
Aquarium Fish Permit; Aquaculture Research
Description:
Exempts
persons engaging in aquaculture research from the aquarium fish permit
requirement.
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Defines aquaculture
research.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.