THE SENATE	S.B. NO.	151
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to aquarium fish.

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

     SECTION 1.  Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§188‑   Aquarium fish; taking or harvesting prohibited. (a)  Except as provided in subsection (b), it shall be unlawful for any person at any time to take or harvest aquarium fish from the coastal areas, nearshore waters, or freshwater areas of the islands of the State, for the purpose of selling the aquarium fish.

(b)  This section shall not affect any right to take or harvest aquarium fish that is customarily and traditionally exercised for subsistence, cultural, and religious purposes, subject to the right of the State to regulate such rights, or for scientific or educational research purposes.

(c)  For the purposes of this section:

"Aquarium fish" means salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes.

"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.

"Take" means to fish for, catch, capture, confine, or harvest, or to attempt to fish for, catch, capture, confine, or harvest aquatic life.

(d)  The division of aquatic resources of the department of land and natural resources shall submit an annual report on the effectiveness and enforcement of this section to the legislature not later than twenty days prior to each regular session."

     SECTION 2.  Section 188-22.9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  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:

     (1)  Any activities with a commercial purpose, as defined in section 187A‑1;

     (2)  The issuance of any commercial marine license, as defined in section 187A‑1;

    [(3) The issuance of any aquarium fish permits, pursuant to section 188‑31;

(4)] (3)  Fishing with the use of gill nets;

    [(5)] (4)  Fishing with self‑contained underwater breathing apparatus and spears; and

    [(6)] (5)  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."

     SECTION 3.  Section 188F-4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§188F-4[]]  West Hawaii regional fishery management area plan.  The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

     (1)  Designates a minimum of thirty per cent of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas [in which aquarium fish collection is prohibited];

     (2)  Establishes a day-use mooring buoy system along the coastline of the West Hawaii regional fishery management area and designates some high-use areas where no anchoring is allowed;

     (3)  Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and

     (4)  Designates areas where the use of gill nets as set nets shall be prohibited."

     SECTION 4.  Section 189-11, Hawaii Revised Statutes, is amended to read as follows:

     "§189-11  Receipts in duplicate.  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:

     (1)  The date of the issuance;

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

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

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

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

         (C)  The price per pound paid; and

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

     (4)  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.  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."

     SECTION 5.  Sections 188-31 and 188-31.5, Hawaii Revised Statutes, are repealed.

     ["§188-31  Permits to take aquatic life for aquarium purposes.  (a)  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.

(b)  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.

(c)  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.

The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d)  For the purposes of this section:

(1) "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

(2) "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.

[§188-31.5]  Aquarium fish for export; monthly count.  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.  A monthly count of the quantities taken of each individual species of aquarium fish exported shall be reported to the board."]

     SECTION 6.  Section 188-31, Hawaii Revised Statutes, notwithstanding, beginning July 1, 2011, through December 31, 2015, the department of land and natural resources division of aquatic resources shall issue no new aquarium fish permits; provided that any permit in effect on June 30, 2011, shall remain in effect through December 31, 2015.

     SECTION 7.  (a)  There is established an aquarium fishing task force consisting of representatives from the department of land and natural resources division of aquatic resources, the University of Hawaii sea grant college program, the West Hawaii Fishery Council, past and current holders of permits to take aquarium life for aquarium purposes, and others as appropriate.

     (b)  The task force shall be administratively attached to the department of land and natural resources and shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, for the replenishment of aquarium fish populations statewide, at a replenishment rate equal to at least ninety per cent of the aquarium fish catch reports for fiscal years 2008-2010, as monitored by the department of land and natural resources under section 188-31.5, Hawaii Revised Statutes.

     Once the replenishment rate meets or exceeds ninety per cent, the task force may petition the legislature for a repeal of the aquarium fish taking or harvesting ban established under this Act.

     (c)  The task force shall submit an initial report on the fish replenishment efforts to the legislature no later than twenty days prior to the convening of the regular session of 2013; interim reports in 2014 and 2015; and a final report no later than twenty days prior to the convening of the regular session of 2016.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on June 30, 2011;

provided that sections 1 through 5 shall take effect on January 1, 2016.

INTRODUCED BY:

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Report Title:

Aquarium Fish; Harvesting Prohibited

Description:

Prohibits taking or harvesting aquarium fish from the coastal areas, nearshore waters, or freshwater areas of the islands of the State; allows customary and traditional rights, research purposes; requires annual report to the Legislature; establishes task force to develop rules for ninety per cent fish replenishment; establishes five-year ban on new aquarium permits; current permits to remain in effect; permanent ban to take effect January 1, 2016.

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