HB2101 HD1

HOUSE OF REPRESENTATIVES	H.B. NO.	2101
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL AQUARIUM COLLECTION.

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

SECTION 1. The legislature finds that the capture and sale of Hawaii's native reef wildlife for ornamental display and commercial profit are 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 in reef ecosystems 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 harvest of aquatic life for commercial aquarium purposes, regardless of the method of collection, in counties with a population greater than 200,000 and less than 300,000.

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 in counties with a population greater than 200,000 and less than 300,000.

(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 rights protected pursuant to article XII, section 7, of the state constitution;

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

(c) As used in this section, "commercial aquarium purpose" means the taking of aquatic 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. 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 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. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.