Last month, the Environmental Court opened the door to the Board of Land and Natural Resources considering up to seven permits for aquarium species collection in the West Hawaiʻi Regional Fishery Management Area.
When it does, opponents will be there. And they’re going after aquarium fish dealers, as well.
On January 13, the Land Board heard from opponents of a revocable permit for Hawaiian Sealife, Inc., which sought to rent warehouse space at the Honolulu airport for its live tropical fish import/export business and wholesale made-in-Hawaiʻi products.
The proposed rent was to be about $6,000 a month plus about $1,400 for utilities.
Perhaps not expecting any controversy for the permit, which the state Department of Transportation recommended for approval, no representatives from Hawaiian Sealife, including owner Richard Xie, attended the Land Board meeting.
Public testimony, however, was all in opposition.
Robert Wintner, founder of Snorkel Bob’s dive shops, claimed that Hawaiian Sealife is the biggest exporter of reef wildlife in Hawaiʻi and that it may be exporting far more fish from Hawaiʻi than the state realizes.
Inga Gibson, testifying on behalf of For the Fishes and Pono Advocacy, added that she had concerns about whether the state Division of Aquatic Resources had ever completed an audit of Hawaiian Sealife’s dealings with local aquarium collectors.
She asked that the Land Board defer action on the permit until DAR could answer questions on the audit that she said it was supposed to have conducted years ago.
“I have grave concerns regarding some activities regarding this warehouse. … The audit would compare all of his prior dealer reports, who he purchased fish from, how many fish, species, dates, comparing to collectors who sold to Mr. Xie. … It’s the only way to attempt to verify what’s taken from our reefs and shipped out,” she said.
Some Land Board members pointed out that it was the DOT’s responsibility, or kuleana, to make sure that its tenants comply with all applicable laws. But board member Aimee Barnes said, “I also think it’s our kuleana to make sure you’re fulfilling your kuleana.” She went on to suggest giving the DOT and DAR some time to confer on whether the proposed permittee is in compliance.
Interim board chair Dawn Chang also wanted to defer the matter, mainly because no one from Hawaiian Sealife was present to answer the board’s questions and the concerns raised by the public.
The board ultimately deferred the matter. To the DOT, Chang said, “My parting words to you: the applicant should be here. … They should be prepared to address those [public concerns].”
Legislation
Bills have been introduced in both the state House and Senate seeking a ban on commercial aquarium collection, regardless of the type of gear used. The House bill, HB 910, had not yet had a hearing as of press time. A hearing on the Senate bill, SB 505, had been scheduled for January 30, but pushed back to February 3.
Land Board chair and Department of Land and Natural Resources director Dawn Chang submitted testimony that seemed to support the status quo.
She noted that the DLNR’s management of the West Hawaiʻi Regional Fishery Management Area has increased populations of two of the most heavily fished aquarium species, yellow tang and goldring surgeonfish (kole). Populations of those species, “which together accounted for 91% of the total FY2017 aquarium catch, increased significantly within FRAs between 1999/2000 (when FRAs were first implemented) and 2021/2022,” she wrote.
“If the goal is resource sustainability and environmental protection, the department believes that the environmental review process, the permit application and review process, and the community engagement process should be allowed to proceed to determine whether commercial aquarium collection is appropriate or inappropriate in Hawaiʻi,” she stated.
However, she added, the DLNR recognizes that “there may be other reasons to prohibit commercial aquarium collection based on cultural or social values, which the Legislature must consider.”
The bill, introduced by Sen. Mike Gabbard, states that the Legislature must take action to protect the herbivorous fishes that help protect the state’s coral reefs from the harmful effects of climate change.
“The aquarium pet trade has removed some herbivorous fish species by upwards of 80 percent of their population in many areas, directly impacting food fishers and leading to the potential extinction of some fish species. Further, the [DLNR] estimates it costs taxpayers upwards of $500,000 every year to manage the aquarium pet trade, yet the trade annually generates less than $25,000 in revenue for the state,” the bill states.
The bill would allow the continuation of non-commercial capture of aquatic life for aquarium purposes, as well as captive-breeding, aquaculture, and special activity permits.
— Teresa Dawson
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