Bill Text: HI SB676 | 2014 | Regular Session | Introduced
Bill Title: Aquarium Fish; Permits; Taking; Prohibition
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB676 Detail]
Download: Hawaii-2014-SB676-Introduced.html
|
THE SENATE |
S.B. NO. |
676 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to AQUATIC life.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Most aquarium fish originating from the waters of the United States come from Hawaii, which is known for its rare endemic species of high value fish. However, the aquarium fish industry has been largely unregulated in Hawaii, operating without limits on its catch or the number of collectors in the State.
The aquarium industry in Hawaii focuses on juvenile reef fish and small invertebrates and exports the majority of its catch to the mainland United States. However, with expanding Asian markets, collectors are targeting more remote and deeper reefs, as evidenced by the species sold on many internet websites. Endemic species such as the bandit angelfish and the masked angelfish sell for hundreds or even thousands of dollars each, with no regulation or limit.
Aquarium collecting is having major impacts on Oahu and Hawaii reefs, and moderate impacts on Maui reefs, where over-harvesting is reducing the marine tourism industry experience. Moreover, there is concern that the continued removal of aquarium fish will not only affect target species, but will also have irreversible effects on components of the entire ecosystem. For example, the removal of large numbers of herbivores, such as yellow tang, can cause reef areas to be overrun and smothered with algae.
The purpose of this Act is to prohibit the taking of aquarium fish during the months of January, February, March, July, August, and September.
SECTION 2. Section 188-31, Hawaii Revised Statutes, is amended to read as follows:
"§188-31 Permits to take aquatic life
for aquarium purposes[.]; taking prohibited during certain months.
(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 no permit issued pursuant to this
section shall authorize the taking of marine or freshwater nongame fish or other
aquatic life for aquarium purposes during the months of January, February,
March, July, August, and September.
(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) No person shall take marine or freshwater nongame fish or other aquatic life for aquarium purposes during the months of January, February, March, July, August, and September.
[(d)] (e) 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."
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: |
_____________________________ |
|
|
|
Report Title:
Aquarium Fish; Permits; Taking; Prohibition
Description:
Prohibits the taking of aquarium fish during the months of January, February, March, July, August, and September.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
