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Friday, November 22, 2024

DLNR: Response to Latest Court Ruling on Aquarium Fishing in Hawai‘i

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Department of Land and Natural Resources issued the following announcement on Nov. 30.

The  Department of Land and Natural Resources is taking immediate steps to  comply with a new order issued late Friday from the First Circuit Court,  requiring Chapter 343 environmental review for issuance of new or  renewed annual commercial marine licenses (CMLs) to be used for aquarium  fishing purposes under HRS 189-2.  

This is in addition to the Hawaiʻi Supreme Court’s 2017 ruling requiring Chapter 343 environmental review for issuance of fine-mesh net permits used for aquarium fishing under HRS 188-31. “The court agrees with DLNR that Umberger did not specifically address or resolve the issue of whether HRS 189-2 permits are an “action” for purposes of HEPA.”

Immediately,  the DLNR Division of Aquatic Resources (DAR) will not renew or issue  new CMLs without a condition prohibiting the taking of marine life for  aquarium fishing purposes until  

Chapter 343 environmental review is completed.  

41 commercial marine licensees of the approximate 3,000 CMLs currently report aquarium catch. 

The  court declined to issue an injunction at this time stopping aquarium  fishing under existing CMLs, which are issued for a year at a time. “The  court therefore declines to issue an injunction at this time, without  prejudice. Plaintiffs may file a further motion requesting injunctive  relief if they so choose.” 

The court recognized that an immediate ban would “cause economic hardship to aquarium fishers, their families, employees, and vendors” particularly now, during the pandemic. 

DLNR  Director Suzanne Case pointed to several high-profile aquarium fishing  enforcement busts on Hawai‘i island this year that were the result of  tips from concerned community members. These cases are still in the  courts and DLNR civil violation systems.  In the meantime,  DLNR is encouraging anyone who suspects illegal aquarium fishing to  report it immediately to the DLNR 24-hour violation hotline or via the  free DLNRTip app. “We continue to take illegal aquarium fishing  seriously.  We want people to continue to report any illegal activity,” Case said. 

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To report illegal activity: 643-DLNR (3567) or download free DLNRTip app 

Original source can be found here.

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