STAND. COM. REP. NO. 2984

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 Judiciary, to which was referred S.B. No. 2078, S.D. 1, 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) Clarify 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) Establish a criminal penalty and monetary fines for aquarium fishing violations; and

(3) 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 the Hawaiʻi County Council; Hawaii Island Aha Moku; Hawaiʻi Reef and Ocean Coalition; For the Fishes; Kuaʻāina Ulu ʻAuamo; Puakō for Reefs; Earthjustice; Ocean Janitors Hawaii; Hawaiʻi Ocean Legislative Task Force; Hoʻāla Kealakekua Nui, Inc.; Moana Ohana; HULI PAC; The Nature Conservancy, Hawaiʻi and Palmyra; Koʻolau Foundation; Sierra Club of Hawaiʻi; two members of the Hawaiʻi County Council; and seventeen individuals.

Your Committee received testimony in opposition to this measure from five individuals.

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

Your Committee finds that the State's coastal waters are foundational to its culture, subsistence practices, tourism industry, and overall environmental health, and that aquarium fish species play a vital role in maintaining the coral reefs that sustain the State's nearshore ecosystems. Your Committee also finds that a 2020 ruling by the Environmental Court of the First Circuit of Hawaii required an environmental review before any issuance or renewal of aquarium fishing permits. The Department of Land and Natural Resources implemented the ruling, and in 2021, clarified that those with existing commercial marine licenses could no longer collect aquarium fish. This measure further clarifies the Department's rulemaking authority and strengthens penalties for violations, thereby reinforcing the State's responsibility to protect coastal ecosystems for present and future generations.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2078, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair