Bill Text: HI HB851 | 2019 | Regular Session | Introduced

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Bill Title: Relating To Environmental Protection.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2019-01-28 - Referred to EEP/WLH, JUD, FIN, referral sheet 6 [HB851 Detail]

Download: Hawaii-2019-HB851-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	851
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to environmental protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the commercial capture of Hawaii's reef wildlife for sale to the aquarium pet trade diminishes the full and long-term benefits provided by the State's reef environments and is incompatible with Hawaii's local values, including living in harmony, maintaining a balance with nature, having respect and responsibility for the environment, and observing native Hawaiian traditional and customary hunting and gathering rights and cultural practices.  Native Hawaiian hunting and gathering rights have been and continue to be a practice that helps to keep the aquatic life in Hawaii's reef environments plentiful.  The commercial trade is contrary to pono fishing practices, such as taking only what is needed for subsistence.

     The legislature further finds that coral reefs and the wildlife dependent upon them are public trust resources and, in 1978, the citizens of Hawaii elevated the public trust doctrine to a constitutional mandate by approving article XI, section 1, of the Hawaii State Constitution, which states, "All public natural resources are held in trust by the State for the benefit of the people."  In 2000, the state supreme court embraced the "precautionary principle" by affirming that "where there are present or potential threats of serious damage [to natural resources], lack of full scientific certainty should not be a basis for postponing effective measures to prevent environmental degradation."

     The legislature further finds that to protect Hawaii's environment, in 1988, the State prohibited the taking of sand, dead coral or coral rubble, rocks, soil, and other marine deposits.  Extending prohibitions to encompass the commercial collection and sale of reef wildlife for the aquarium pet trade is important and now needed for the preservation of the environment and the long-term survival of key reef species, to the benefit of all state residents and future generations.  The legislature recognizes that these obligations and protections are enshrined in the state constitution, specifically in article XI, section 1 and section 9, and article XII, section 7, of the Hawaii State Constitution.

     The taking of reef wildlife purely for commercial purposes cannot be reconciled with the "precautionary principle" nor the "hierarchy of priorities" policy guidelines of the department of land and natural resources.  Furthermore, this practice is neither compatible with the local values and lifestyles of Hawaii's residents, and does not significantly contribute to the quality of life or economy of Hawaii.  On the contrary, by reducing the abundance of marine life and diminishing the beauty and health of Hawaii's coral reefs, the aquarium trade degrades the value and limits the myriad benefits provided by these critically important ecosystems.

     The purpose of this Act is to prohibit all commercial capture of aquatic life for aquarium purposes, regardless of the method of collection.  This Act is intended to allow the following practices to continue:

     (1)  Issuance of special activity permits pursuant to section 187A-6, Hawaii Revised Statutes;

     (2)  Issuance of recreational permits for non-commercial capture of aquatic life for aquarium purposes, in accordance with existing laws and rulings regarding compliance with environmental assessments; and

     (3)  Captive-breeding and aquaculture efforts, as regulated by section 187A-3.5, Hawaii Revised Statutes.

     SECTION 2.  Chapter 189, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§189-    Aquatic life; commercial aquarium; prohibition.  (a)  No person shall harvest aquatic life in the State for commercial aquarium purposes.

     (b)  This section shall not apply to the issuance of a license or permit for activities permitted in sections 187A-3.5 and 187A-6; provided that the requirements of those sections are met.

     (c)  For the purposes of 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 public exhibition or display, or for the sale of 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 marine plants, including seeds, roots, products, and other parts.

     "Commercial" means to take aquatic life for profit or gain or where the aquatic life is sold, offered for sale, possessed with intent to sell, bartered, landed, or transported for sale.

     "Harvest" means the taking and retaining of aquatic life by any means whatsoever."

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

     "§188-31  Permits to take aquatic life for noncommercial 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 noncommercial aquarium purposes.

     (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 noncommercial 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] "Noncommercial 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;] scientific study; 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 noncommercial 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

          (C)  The price per pound paid; 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.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 1, 2020.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Aquatic Life; Commercial Aquarium Purposes; Prohibition

 

Description:

Prohibits the commercial capture of aquatic life for aquarium purposes.

 

 

 

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