Bill Text: HI HCR8 | 2012 | Regular Session | Introduced

Hawaii House Concurrent Resolution 8 (Prior Session Legislation)

Introduced

Bill Title: Aquatic Life Resolution; Kauai County Package

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - (H) Referred to WLO, JUD, referral sheet 7 [HCR8 Detail]

Download: Hawaii-2012-HCR8-Introduced.html

HOUSE OF REPRESENTATIVES	H.C.R. NO.	8
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the legislature of the state of hawaii to amend chapter 188, hawaii revised statutes, by adding a new section to be appropriately designated prohibiting the sale of aquatic life for aquarium purposes and amend existing section 188F-4 regarding the west hawaii regional fishery management area plan and section 189-11 regarding receipts in management area plan and section 189-11 regarding receipts in duplicate;

a resolution requesting the governor to issue a moratorium on the commercial take and sale of aquatic life taken for aquarium purposes from state waters; and

requesting the hawaii department of land and natural resources to adopt a rule prohibiting the commercial take and sale of aquatic life taken for aquarium purposes from state waters.

WHEREAS, article XI, section 1 of the Hawaii Constitution affirms the State's duty to conserve and protect Hawaii's natural beauty and all natural resources for the benefit of present and future generations; and

WHEREAS, Hawaii state law recognizes that "all indigenous species of aquatic life" are "integral parts of Hawaii's native ecosystems" and are natural resources of significant scientific, cultural and environmental value, and accordingly, in order to "insure the continued perpetuation of indigenous aquatic life" the Legislature charged the State with the duty to "take positive actions to enhance their prospects for survival"; and

WHEREAS, the total economic value of Hawaii's coral reef ecosystems is an estimated $34,000,000,000 annually; and

WHEREAS, Hawaii's indigenous and endemic aquatic species are being devastated by collection for aquarium purposes, significantly altering reef wildlife assemblages and corresponding coral reef and marine ecosystem balance; and

WHEREAS, the majority of aquarium-targeted aquatic life species are herbivores, providing the essential ecosystem service of protecting corals from being overgrown by algae; and

WHEREAS, endemic species, occurring nowhere else in the world and contributing to Hawaii's natural legacy, are threatened with extinction by collection for aquarium purposes; and

WHEREAS, the County of Maui has passed legislation to prevent further degradation of their reefs and aquatic life; and

WHEREAS, despite measures, such as a collection prohibition along thirty-five per cent of the west Hawaii coastline, intended to mitigate aquarium trade related species depletion, scientific research proves that collection of reef fish for aquarium purposes continues to significantly diminish targeted populations, including endemic species, and important human food species like kole (goldring surgeonfish) and paku�iku�i (achilles tang); and

WHEREAS, taking reef wildlife and disturbing reef ecosystems for decoration, entertainment, and display in corporate offices and private homes around the world is contrary to native Hawaiian values and cultural ideas, including the State of Hawaii motto, Ua mau ke ea o ka aina i ka pono, the life of the land is perpetuated in righteousness; and

WHEREAS, article XII, section 7 of the Hawaii Constitution affirms protection of native Hawaiian rights customarily and traditionally exercised for subsistence cultural and religious purposes; and

WHEREAS, a balanced marine ecosystem is important to the survival and sustainability of fishing grounds (koa) the ability to continue to fish and gather using customary and traditional methods and is a critically important element in perpetuating native Hawaiian customary and traditional practices; and

WHEREAS, the County of Hawaii has passed a resolution that, in order to prevent further degradation of their reefs and aquatic life and to protect all of Hawaii's reefs and aquatic life, urges the Legislature to enact a law prohibiting the sale of aquatic life for aquarium purposes; and

WHEREAS, in a cultural and environmentally driven tourism economy the continued protection of our reefs and its inhabitants enhances the overall cultural experience which brings millions of tourism dollars into the state coffers; and

WHEREAS, the Council of the County of Kauai urges the Governor to ensure compliance with state laws intended to protect Hawaii's natural and cultural resources by using his constitutional authority as chief executive coupled with his duty to see that the State's laws are faithfully executed to issue a moratorium on the sale of aquatic life taken for aquarium purposes from state waters; and

WHEREAS, the Council of the County of Kauai urges the Department of Land and Natural Resources and the Legislature to protect our reefs and its aquatic life and promote increasing reef fish population that will continue to enhance the overall experience of Hawaii's culture and natural resources and attract and sustain the tourist industry of our State by prohibiting the sale for aquarium purposes of aquatic life taken from state waters; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that in order to protect the reefs and aquatic life within the State of Hawaii:

(1) The Governor is urged to issue a moratorium on the commercial take and sale of aquatic life taken for aquarium purposes from state waters; and

(2) The Department of Land and Natural Resources is urged to adopt rules prohibiting the commercial take and sale of aquatic life taken for aquarium purposes from state waters while continuing to allow cultural, sustenance, or bona fide research or educational take for aquarium purposes; and

(3) The Hawaii State Legislature is urged to enact a law that prohibits the taking of aquatic life for aquarium purposes from the State's waters without a permit, provides penalties for violating this prohibition, and expands the West Hawaii Regional Fishery Management Area to include all of West Hawaii's coastal waters; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, President of the Senate, Speaker of the House of Representatives, Chairperson of the House of Representatives Committee on Finance, and Mayor of each county.