HB2101

SECTION 1. The legislature finds that the capture and sale of Hawaii's native reef wildlife for ornamental display and commercial profit is unsustainable and contrary to Hawaiian values, including malama aina, aloha aina, kuleana for the surrounding environment, and pono fishing practices, such as taking only what is needed for family or community subsistence.

The legislature further finds that the 1953 territorial legislature, in enacting legislation to permit commercial aquarium fish collection using fine-meshed nets, currently codified in section 188-31, Hawaii Revised Statutes, ignored, disregarded, and effectively nullified the many traditional uses of Hawaiian reef fish by falsely stating that fish taken for aquarium display have "little or no value as food fish," and that "the species of fish for aquarium purposes is not edible".

The legislature recognizes that many species of fish targeted by aquarium collection, including lauipala (yellow tang) and kole (goldring surgeonfish), have in fact been used for subsistence and cultural purposes and have been critical to maintaining healthy reef ecosystems to support these purposes since time immemorial, up to and including the present day.

The legislature also finds that climate change and associated ecological shifts require the State to keep as many native fish on the reef as possible. Abundant populations of herbivorous reef wildlife can bolster reef resiliency against the effects of climate change by consuming algae that bloom and can smother reefs following ocean heat waves or changes in ocean acidity. Reefs provide vital ecosystem benefits, reducing the impact of extreme weather events and high surf by moderating onshore erosion, protecting human infrastructure, and mitigating harm to flora and fauna. Moreover, on-reef tourism activities, including snorkeling and diving, are a vital part of Hawaii's nature-based tourism economy, which is driven by healthy and vibrant ecosystems.

The legislature notes that in 1988, the State prohibited the taking of sand, dead coral or coral rubble, rocks, soil, and other marine deposits. Extending these prohibitions to encompass the commercial collection and sale of reef wildlife for the aquarium pet trade is now necessary to protect and conserve Hawaii's invaluable natural resources for present and future generations, including traditional Native Hawaiian cultural practices that depend on them. The legislature further notes that these obligations and protections are enshrined in article XI, sections 1 and 9, and article XII, section 7 of the Constitution of the State of Hawaii.

Accordingly, the purpose of this Act is to prohibit the capture and sale of aquatic life for commercial aquarium purposes, regardless of the method of collection.

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

"§188- Harvesting aquatic life for commercial aquarium purposes; prohibition. (a) No person shall harvest aquatic life from state marine waters for commercial aquarium purposes.

(b) Nothing in this section shall be construed to:

(1) Affect:

(A) Captive-breeding and aquaculture activities pursuant to section 187A-3.5; or

(B) The issuance of special activity permits authorizing the capture and take of aquatic life for scientific, educational, management, or propagation purposes pursuant to section 187A-6; or

(2) Prohibit the:

(A) Exercise of traditional and customary practices;

(B) Lawful taking of fish for consumption or bait; or

"Commercial aquarium purpose" means the taking of marine life for profit, gain, or as a means of livelihood for sale into the aquarium trade to be held in a state of captivity as a pet or for ornamental display."

SECTION 3. Section 188-22.9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§188-22.9[]] Ha`ena community-based subsistence fishing area; restrictions; regulations. (a) There is designated the Ha`ena community-based subsistence fishing area on the northwestern coast of Kauai, which shall consist of all state waters and submerged lands bounded by:

(1) The shoreline of the Ha`ena district;

(2) A line that follows an imaginary extension of the boundary between Hae`na state park and Na Pali state park that extends seaward for one mile from the shoreline;

(3) An irregular line one mile offshore that is parallel to the contours of the shoreline; and

(4) A line that follows an imaginary extension of the boundary between Hae`na and Wainiha, as specified in the tax map of the county of Kauai, that extends seaward for one mile from the shoreline.

(b) In addition to the provisions of this chapter, the following uses or activities shall be regulated in the Ha`ena community-based subsistence fishing area:

(1) Any activities with a commercial purpose, as defined in section 187A-1;

(2) The issuance of any commercial marine license, as defined in section 187A-1;

[~~(3)~~ ~~The issuance of any aquarium fish permits, pursuant to section 188-31;~~]

(4) Fishing with the use of gill nets;

(5) Fishing with self-contained underwater breathing apparatus and spears; and

(6) Any other use or activity that the department of land and natural resources, in consultation with the inhabitants of the ahupua`a of Ha`ena and other interested parties, deems appropriate.

(c) The department of land and natural resources, as soon as practical, shall consult with as broad a base as possible, group of inhabitants of the ahupua`a of Ha`ena and other interested parties to establish rules for the Ha`ena community-based subsistence fishing area, to include but not be limited to:

(1) A determination of fishing practices that are customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion in the fishing area;

(2) A management plan recognizing existing marine activities permitted by the department of land and natural resources and containing a description of specific activities to be conducted in the fishing area, including evaluation and monitoring processes and methods of funding and enforcement;

(3) Limits on the harvest of aquatic life, as those terms are defined in section 187A-1, in the fishing area;

(4) The establishment of no harvesting zones within the fishing area without depriving ahupua`a inhabitants of access to traditional sources of subsistence; and

(5) A process for the expansion of the fishing area to include other ahupua`a.

The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purpose of this section."

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

[~~(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, Hawaii Revised Statutes, is repealed.

["~~§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) 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) 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 6. 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 7. 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 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________By Request

HOUSE OF REPRESENTATIVES	H.B. NO.	2101
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII