HB873.DOC

SECTION 1. The United States Coral Reef Task Force has reported that severe over-harvesting of coral by the aquarium industry occurs in Hawaii. Hawaii's reefs are the world's third-largest source of wildlife for aquarium hobbyists. This loss of wildlife threatens Hawaii's reef environments and the socioeconomic benefits they provide, including to tourism--a crucial contributor to the State's economy, and as sustenance for local families.

The aquarium industry has operated for over fifty years with no limits on the volume of take and no limits on the number of permits. Species targeted by the industry are three to ten times more abundant in areas protected from aquarium-collecting than in areas where the industry operates, which represents the vast majority of Hawaii's coral reefs.

Regulations have thus far failed to maintain populations of crucial species at levels necessary to protect Hawaii's coral reefs. The aquarium industry primarily targets herbivorous species like the yellow tang. The species that have been most heavily collected have also experienced the greatest declines in population. As the most heavily targeted species, the population of yellow tang has now been depleted in many areas, decreasing by seventy to ninety per cent.

A decline in herbivorous fish are a known stressor to coral reefs. Recent research shows that two-thirds of Hawaii reefs are now dominated by the type of algae upon which herbivorous fish would typically feed. Abundant and diverse communities of herbivorous fish are vital for coral reefs to recover from events like the recent unprecedented coral bleaching that occurred throughout the State. Without herbivorous fish, the long-term stability of these fragile ecosystems is in jeopardy.

Fewer than one hundred of the more than two hundred individuals with commercial aquarium fish permits are actually engaged in such activity and file reports with the department of land and natural resources. Most of these nearly one hundred aquarium collectors work part-time, collecting wildlife three days per week. These part-time jobs appear to be the only identifiable economic benefit. Reported annual sales of less than $2,300,000 generate less than $100,000 in general excise taxes--far less than the amount of funding required for permit administration and adequate enforcement by the division of conservation and resource enforcement of the department of land and natural resources.

Wildlife left on reefs benefits the reefs. Restoring herbivorous fish populations is essential for the protection of Hawaii's coral reefs and the current and future socioeconomic well-being of Hawaii's people, which is tied to this unique marine environment.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188- Selling of aquatic life for aquarium purposes prohibited; penalties; fines. (a) It shall be unlawful for any person at any time to knowingly or intentionally sell or offer to sell, for aquarium purposes, aquatic life taken from any of the waters within the jurisdiction of the State.

(b) This section shall not apply to a person exercising a customary and traditional right for subsistence, cultural, or religious purposes, subject to the right of the State to regulate that right, including native Hawaiian gathering rights and traditional cultural practices as authorized by law, or as permitted by the State pursuant to article XII, section 7, of the Hawaii State Constitution.

(c) This section shall not apply to the taking of aquatic life for human consumption or for sale for human consumption, including the use of bait.

(d) This section shall not prohibit special activity permits allowed under section 187A-6; provided that the permit issued is for bona fide scientific or public display purposes.

(e) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor, and:

(1) For a first offense, shall be fined not more than $1,000 or thirty days of imprisonment, or both;

(2) For a second offense within five years of a previous violation, shall be fined not more than $2,000 or sixty days of imprisonment, or both; and

(3) For a third or subsequent offense within five years of a previous violation, shall be fined not more than $3,000 or ninety days of imprisonment, or both.

(f) In addition to any other penalty imposed under this section, a person violating this section shall be subject to:

(1) An administrative fine of not more than $1,000 for each specimen of aquatic life sold;

(2) Seizure and forfeiture of any taken specimens of aquatic life, commercial marine license, vessel, and equipment; and

(3) Assessment of administrative fees and costs, and attorney's fees and costs.

(g) 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 no later than twenty days prior to the convening of each regular session.

(h) As used in this section:

"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, for public exhibition or display, or for sale for these purposes.

"Aquatic life" means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof.

"Sell" means to transfer, prescribe, give, or deliver to another; to leave, barter, or exchange with another; or to offer or agree to do the same to another for consideration.

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

SECTION 2. 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, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to take aquatic life and 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. No person shall take aquatic life for aquarium purposes or use fine meshed traps or fine meshed nets other than throw nets to take marine or freshwater nongame fish and other aquatic life for aquarium purposes without an aquarium fish permit.

(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 taking of aquatic life and 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) "Sell" means to transfer, prescribe, give, or deliver to another; to leave, barter, or exchange with another; or to offer or agree to do the same to another for consideration."

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

SECTION 6. This Act shall take effect on January 1, 2016.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	873
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII