Bill Text: HI HB2379 | 2014 | Regular Session | Introduced

Hawaii House Bill 2379 (Prior Session Legislation)

Introduced

Bill Title: Aquatic Life; Aquarium Fish Collecting Permits; Limitations

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2014-01-27 - Referred to WAL/OMH, referral sheet 7 [HB2379 Detail]

Download: Hawaii-2014-HB2379-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2379
TWENTY-SEVENTH LEGISLATURE, 2014
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. The legislature finds that Hawaii's reef fish are one of the State's most valuable resources. Protecting ocean resources is important for cultural, economic, and environmental reasons. Hawaii's reefs face many threats from overfishing, impacts of climate change, invasive species, and pollution. Wise management of ocean resources is essential in order to ensure that these resources are available to future generations.

The legislature also finds that there has been continuing controversy regarding the aquarium fishing industry's use of the State's valuable marine resources. Better regulation of the industry is needed as part of a more proactive and precautionary resource management strategy, including setting limits on the number of aquarium fish collectors in the State. This will limit the collection of aquarium fish around reefs and help to ensure that the industry complies with existing regulations.

The purpose of this Act is to establish:

(1) A limit on the number of permits that the State may issue for aquarium fish collecting;

(2) Reporting requirements for permit holders; and

(3) A statewide limited entry program for commercial aquarium fishers.

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 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) Commencing January 1, 2015, no more than one hundred permits may be issued statewide, with no more than twenty-five issued in any one county; provided that preference in issuing a permit shall be given to existing permit holders who are current with the reporting requirements of this section; provided further that a permit shall not be renewed if the permit holder is not current with the reporting requirements of this section.

[~~(b)~~] (c) 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.

(d) The department shall require that permit holders complete daily catch reports and submit the reports to the department after each day's fishing activities.

(e) The department shall require any commercial aquarium fisher to present the fisher's daily catch report for inspection upon the request of any agent of the department upon whom the board has conferred powers of police officers, or who has otherwise been authorized.

[~~(c)~~] (f) 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.~~]

(g) By no later than January 1, 2016, the department shall establish a statewide limited entry program for commercial aquarium fishers and shall adopt rules as necessary for licensing and license eligibility, fees, renewal, maintenance, transference, retirement, and revocation.

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

[~~(d)~~] (i) 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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Aquatic Life; Aquarium Fish Collecting Permits; Limitations

Description:

Requires that no more than 100 aquarium fish permits be issued statewide, and no more than 25 permits be issued in any one county. Requires permit holders to complete daily catch reports. Authorizes DLNR to establish a statewide limited entry program and rules for aquarium fish collectors.

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