THE SENATE	S.B. NO.	26
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to conservation.

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

     SECTION 1.  The purpose of this Act is to require applicants for aquarium fish permits to specify in their application the species to be collected and the collection areas and, in the case of indigenous species, to prohibit the issuance or renewal of aquarium fish permits unless a population survey has been conducted and the population of the indigenous species to be collected has been determined to be sustainable in the collection areas specified in the application.

     SECTION 2.  Section 188-31, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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[.]; provided that:

(1) The application shall specify all species to be collected under the aquarium fish permit and the areas where the collection will take place; and

(2) For indigenous species, the department shall not issue or renew aquarium fish permits unless:

(A) The department or a credible third-party has conducted a population survey of the indigenous species in the collection areas specified in the application; and

(B) The department has determined that the indigenous species has the continued ability to sustain itself successfully in the collection areas specified in the application."

     2.  By amending subsection (d) to read:

     "(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[.]; and

(3) "Indigenous species" has the same meaning as in section 195D-2."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Conservation; Aquarium Fish Permits; Indigenous Species

Description:

Requires applicants for aquarium fish permits to specify in their application the species to be collected and the collection areas.  In the case of indigenous species, the issuance or renewal of aquarium fish permits is prohibited unless a population survey has been conducted and the department has determined that the population of the indigenous species to be collected is sustainable in the collection areas specified in the application.

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