The Hawaii Supreme Court says issuing state permits for commercial aquarium fish collection from Hawaiian waters is subject to environmental review procedures under state law.
Wednesday’s unanimous ruling by the state’s high court justices puts
a freeze on the local aquarium fish industry because the state Department
of Land and Natural Resources, the state agency that has been issuing the permits for decades, has never studied the impact of aquarium fish collection, as required by state environmental laws.
Individuals and organizations that sued in
2012 to stop DLNR from
issuing permits are cheering the ruling. Local
diver Rene Umberger, a plaintiff in the lawsuit, says Hawaii’s near-shore reefs and fish populations have been massively impacted by the commercial collection of native fish for mainland aquariums.
“We are ecstatic these reef ecosystems will
finally get some reprieve,” Umberger said.
Earthjustice lawyer Summer Kupau-Odo says the ruling requires a lower state judge to issue an injunction ordering DLNR
to stop issuing permits.
A renewable $50 annual permit authorizes the commercial collection
of an unlimited number
of fish or other aquatic
life from state coastal waters.
“It will put the brakes on the local collection of aquarium fish until DLNR does an environmental assessment,” Kupau-Odo said.
State Attorney General Doug Chin said in a written statement that the state is reviewing Wednesday’s ruling, which he says overturns more than 60 years of previously unchallenged action by DLNR.
Wednesday’s ruling does not prevent DLNR from continuing to issue free recreational permits that authorize the collection of up to 1,825 fish or aquatic life.
Kupau-Odo said commercial collectors have a greater impact because they use sophisticated technology and techniques.
Local aquarium fish collector and supplier Randy Fernley, owner of Coral Fish Hawaii, said he is reserving an opinion on the ruling until he has completed a legal review of it.
One of his customers, however, found the ruling shocking.
“That’s going to hurt our business drastically,” said Chris Otis, owner of Indoor Oceans.
Otis installs custom fish tanks, stocks and maintains them. His customers include Bishop Museum and Shriner’s Hospital for Children.
State lawmakers approved a bill earlier this year that would have required DLNR to stop issuing new aquarium fish permits, restrict the renewal or transfer of existing ones and to propose legislation to establish a policy for sustainable collection and process for
determining limits for certain species.
Gov. David Ige vetoed the bill.