HOUSE OF REPRESENTATIVES

H.B. NO.

2129

TWENTY-SIXTH LEGISLATURE, 2012

 

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 the aquarium fishing industry in West Hawaii is one of the most well-regulated fisheries within the State.  The establishment of the West Hawaii regional fisheries management area by the 1998 legislature has also required the department of land and natural resources to undertake many years of ongoing data collection regarding the fishes and habitat important to the fishery.  The length and depth of these studies is recognized nationwide and makes West Hawaii's reefs one of the best-understood marine ecosystems in the State.

     The legislature understands that living natural resources, such as tropical fish, have a variety of factors that determine the health and vibrancy of any individual population.  Commercial exploitation may or may not always be involved in the natural fluctuations in a population.  The decision to determine cause and effect should be made by scientists specializing in such cycles.

     The legislature further finds that the department of land and natural resources, to appropriately manage living natural resources, must often make decisions and impose temporary measures in a timeline that is inconsistent with the constraints imposed on the rulemaking process as set forth in chapter 91, Hawaii Revised Statutes.

     The purpose of this Act is to create the dynamic management of the aquarium fishing industry by enhancing the department of land and natural resources' ability to regulate the aquarium fish industry in real-time.

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

     "§188F-     Temporary management measures.  (a)  Within the management area, the board of land and natural resources may impose temporary management measures, including but not limited to:

     (1)  Bag limits;

     (2)  Periods of time when commercial aquarium take of a particular species is prohibited; and

     (3)  A moratorium on the take of a species for aquarium purposes if the board finds that overall populations of the identified aquarium species within the management area may be, or have been, jeopardized by overharvesting or other factors.

     (b)  The board shall consider the views of the department and the public at a publicly noticed board meeting when taking action to establish or lift any species management action established under this section or rule adopted pursuant to this section.  The board shall review the status of populations of species subject to the species management actions during each five year review conducted pursuant to section 188F-5, or sooner if the facts merit an earlier review.

     (c)  Violation or failure to comply with species management actions under this section shall result in loss of the fisher's commercial marine license and aquarium permit for a period of not less than one year.

     §188F-     Limited entry program.  The department shall establish a limited entry program for commercial aquarium fishers in the management area by January 1, 2014.

     §188F-     Commercial aquarium catch reports.  (a)  The department shall require that daily catch reports submitted to the department for catch within the management area shall be completed by the end of each daily fishing trip.

     (b)  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."

     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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Aquatic Life; West Hawaii Regional Fisheries Management Area

 

Description:

Authorizes DLNR to impose temporary management measures within the West Hawaii regional fisheries management area.  Requires DLNR to establish a limited entry program for commercial aquarium fishers.

 

 

 

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