Report Title:

Fishing; Aquarium Purposes

 

Description:

Prohibits the taking of specific marine or freshwater nongame fish and other aquatic life for aquarium purposes, and any species or genus of marine or freshwater nongame fish and other aquatic life that is determined, by rules, to be unsuitable for aquarium purposes.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

65

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to fishing.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 188-31, Hawaii Revised Statutes, is amended to read as follows:

"§188-31 Permits to take aquatic life for aquarium purposes. (a) Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.

(b) Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.

(c) It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.

The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d) Pursuant to subsections (a) and (b), no person shall take any species or genus of marine or freshwater nongame fish and other aquatic life that is determined, by rules, to be unsuitable for aquarium purposes, including:

(1) Exallius brevis;

(2) Zanclus cornutus;

(3) Canthigaster coronata;

(4) Labroides phthirophagus;

(5) Anampres chrysopholalus;

(6) Stethojulius baltea;

(7) Macropharygodon geoffroy;

(8) Holocanthus arcuatus;

(9) Chaetodon ephippium Cuvier;

    (10) Chaetodon multicintus;

    (11) Chaetodon quadriaculatus;

    (12) Chaetodon reticulatus;

    (13) Chaetodon unimaculatus;

    (14) Chaetodon trifaciatus; and

    (15) Any fishes of the genus Hippocampus.

   [(d)] (e) For the purposes of this section:

(1) "Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and

(2) "Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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