STAND. COM. REP. NO. 2602

Honolulu, Hawaii

RE: S.B. No. 2078

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2078 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish a criminal penalty and monetary fines for aquarium fishing violations; and

(2) Clarify that each fish or aquatic life specimen taken in violation of certain fishing laws regarding aquarium fish and the possession and use of prohibited explosives, electrofishing devices, and poisonous substances constitutes a separate offense.

Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council, Koʻolau Foundation, Sierra Club of Hawaiʻi, Kuaʻāina Ulu ʻAuamo, and Moana Ohana.

Your Committee received comments on this measure from the Department of Land and Natural Resources and Office of Hawaiian Affairs.

Your Committee finds that the Environmental Court of the First Circuit of Hawaii has ruled, in part, that the issuance of aquarium fishing permits is subject to the Hawaii Environmental Policy Act and, therefore, an environmental impact statement must be completed before the Department of Land and Natural Resources approves or renews additional aquarium fishing licenses and permits. In January 2021, the Department clarified that, in addition to not approving or renewing commercial marine licenses for aquarium fishing without a complete environmental review process, licensees could no longer collect aquarium fish. This measure will align with the Court's ruling and further protect aquarium fish and other aquarium resources in the State's nearshore waters through increasing fines for illegal activities related to aquarium fishing.

Your Committee has amended this measure by:

(1) Inserting language clarifying that rules adopted by the Department of Land and Natural Resources pursuant to section 190-3, Hawaii Revised Statutes, may regulate aquarium fish permits;

(2) Amending section 1 to reflect its amended purpose; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2078, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2078, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,

________________________________

CHRIS LEE, Chair