SECTION 1. The legislature finds that the commercial
capture of Hawai'i's reef wildlife for sale to the aquarium pet
trade is incompatible with kanaka maoli values such as living in
harmony and balance with nature, malama 'aha, kuleana for the
surrounding environment, the concept of aloha 'aha, and other
Native Hawaiian traditional and customary gathering rights and
cultural practices. The commercial trade is contrary to pono
fishing practices, such as taking only what is needed for
subsistence.
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The legislature further finds that in 1988 the State
prohibited the taking of sand, dead coral or coral rubble,
rocks, soil, and other marine deposits. Extending prohibitions
to encompass the commercial collection and sale of reef wildlife
for the aquarium pet trade is now needed to protect the
traditional cultural practices of kanaka maoli and kama'aina, and
the preservation of natural resources for the benefit of all
state residents. The legislature recognizes that these
obligations and protections are enshrined in the state
constitution, specifically in article XI, section 1,
conservation and development of resources, article XI, section
9, environmental rights, and article XII, section 7, traditional
and customary rights.
The purpose of this Act is to prohibit all commercial
capture of aquatic life for aquarium purposes, regardless of the
method of collection. This Act is intended to allow the
following practices to continue:
(1) Issuance of special activity permits pursuant to
section 187A-6, Hawaii Revised Statutes;
(2) Issuance of recreational permits for non-commercial
capture of aquatic life for aquarium purposes, in
accordance with existing laws and rulings regarding
compliance with environmental assessments; and
(3) Captive-breeding and aquaculture efforts, as regulated
by section 187A-3.5, Hawaii Revised Statutes.
Nothing in this Act should be construed to prohibit the
exercise of traditional and customary practices, the lawful
taking of fish for consumption or bait, or the lawful management
or taking of aquatic life from fishponds.
