SB677.DOC

SECTION 1. Stretching for more than twelve hundred miles in the central Pacific, Hawaiian coral reefs account for about eighty-five per cent of all coral reefs in the United States. In addition to providing humans with food, reefs protect shorelines from erosion and storm damage by dissipating wave energy and limiting the impact of waves. Coral reefs are also responsible for the sandy beaches enjoyed by state residents and visitors alike, as coral fragments, shells, and calcified algae are the main components of beach sand.

Every year, aquatic life is collected on Hawaii's coral reefs and shipped to the mainland United States, Europe, and Asia for use in hobby aquariums. Because aquarium fish collectors are highly selective and often capture large quantities of individual fish of high value, the potential for over-exploitation is high. Species of interest to aquarium trade are often absent or in low numbers in areas frequented by collectors.

Many coral reef fish and invertebrates have complex relationships with the overall ecology of the reef. Their removal may affect the long-term stability of these ecosystems. For example, approximately eighty per cent of the catch of marine ornamentals is herbivorous fish. A reduction in the abundance of herbivores can cause algal overgrowth of coral, adversely impacting the health of coral reefs.

The purpose of this Act is to:

(1) Prohibit the taking or harvesting of aquarium fish for commercial sale; and

(2) Require the department of land and natural resources to annually report to the legislature regarding applications for aquarium fish permits.

SECTION 2. 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) It shall be unlawful for any person to take or harvest aquarium fish from state waters for the purpose of selling the aquarium fish.

(b) This section shall not apply to the taking or harvesting of aquarium fish for the purpose of scientific study or for display in a public aquarium operated for the benefit of public education, pursuant to section 188-31.

"Aquarium fish" means salt water fish, freshwater nongame fish, or other aquatic life used 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."

SECTION 3. Section 188-31, Hawaii Revised Statutes, is amended to read as follows:

"§188-31 Permits to take aquatic life for aquarium purposes. (a) Except as prohibited by law[,] and subject to section 188- , 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.~~] aquarium fish for the purpose of scientific study or for display in a public aquarium operated for the benefit of public education. The department shall render a decision on a completed application for an aquarium fish permit and notify the applicant of the decision within ninety days of the department's receipt of the application.

(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) Where the director determines that public participation is appropriate for the issuance of an aquarium fish permit, the director may provide public notice and an opportunity for public comments.

(d) The department shall submit an annual report to the legislature no later than February 1 of each year, which shall include a record of each aquarium fish permit application received by the department and the decision rendered for each application.

[~~(c)~~] (e) 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[.] pursuant to subsection (a).

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

[~~(d)~~] (g) For the purposes of this section:

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

[(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.

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

[~~(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. Section 188-31.5, Hawaii Revised Statutes, is repealed.

["~~[§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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	677
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII