House advances state bill banning commercial aquarium fishing in Hawaiʻi County waters

The state House of Representatives passed an amended bill on Wednesday banning the harvest in Hawaiʻi County of aquatic life for commercial aquarium purposes, with the measure to be considered next week by the Senate.

House Bill 2101 originally called for the ban to cover the entire state, but it was amended to counties with populations between 200,000 and 300,000, which only applies to Hawaiʻi County.

The bill and its amendment do not impact captive-breeding and aquaculture activities or capturing aquatic life for scientific, educational, management or propagation purposes.

The bill would prohibit the capture and sale of aquatic fish from Hawaiʻi’s native wildlife in the amended area for profit, gain or as a means of livelihood for the aquarium trade, where they are kept in captivity as pets or for ornamental purposes.

According to the bill, capturing fish for non-subsistence purposes is contrary to Hawaiian values.

In January, the Hawaiʻi County Council listened to public testimony and passed a resolution urging state lawmakers to prohibit the harvest of aquatic life from state marine waters for commercial aquarium purposes.

“It just totally violates all the things that we were brought up in, in terms of how to manage our resources,” said subsistence fisherman Charles Young in his testimony to the Hawaiʻi County Council. “It is contrary to the responsible use of a public trust resource.”

Former aquarium fish harvester Kekoa Alip said he abandoned the practice after witnessing its damage.

“I strongly believe that there is a need to conduct proper consultation with our local community on the potential ecological effects,” Alip said during testimony to the County Council. “Habitat destruction, species depletion, coral stress, reduced biodiversity, disruption of breeding cycles, chemical pollution, increased susceptibility to invasive species, and long-term recovery challenges.”

Beyond cultural motives, the bill also hinges on conserving Hawaiʻi’s natural resources, arguing that herbivorous reef species, such as lauʻipala (yellow tang) and kole (goldring surgeonfish), can enhance reef resilience to climate change.

However, the state Department of Land and Natural Resources testified that measures addressing sustainability concerns have been underway since the Hawaiʻi Supreme Court ruled in 2017 that aquarium fish permits are subject to environmental review.

Since that ruling, aquarium collectors from Oʻahu and West Hawaiʻi must prepare environmental assessments and impact statements to analyze the effects of aquarium collecting.

The Department of Land and Natural Resources indicated that compliance with the Hawaiʻi Environmental Policy Act has significantly reduced the number of eligible aquarium collectors.

In testimony to the State Legislature, the department mentioned developing rules to regulate the commercial aquarium fishery.

These rules would mandate a commercial aquarium fishing permit, a limited whitelist of species eligible for harvest, total annual catch limits for each species, area restrictions and reporting requirements.

Supporters of the ban doubt the agency has the ability to effectively enforce the proposed rules.

A hearing representative noted that allowing aquarium fishing would add to marine officers’ regulatory burden but did not specify enforcement strategies.

Eric Koch, a commercial fisher from Hawaiʻi Island, expressed confusion and frustration with the proposal, stating that the Hawaiʻi Environmental Policy Act already imposes regulatory requirements on fishers.

“Is this how the system is supposed to work? Seems unethical and inhumane. This fishery provides great livelihoods for many local families throughout Hawaiʻi,” Koch said. “The science is clear. The management is solid. Don’t ban us after we’ve been put through hell.”

Patrick Rich, a self-proclaimed reef aquarium guy in Hilo, stated that he was angry when the state closed reef fishing for aquariums, but has since accepted and adapted to the change.

“I’m okay with not having an abundance of cheap fish in my aquarium,” Rich said. “I’d much rather have an empty tank and see (Sailfin tangs) the size of a manhole cover in the wild. We have successfully bred Mandarin gobies in captivity, so why isnʻt the industry 100 percent captive breed by now? There is no excuse.”