01/05/18 – Hawai‘i Supreme Court Decision Stops West Hawai‘i Fishing Permits Pending An Environmental Review

Posted on Jan 5, 2018 in Aquatic Resources, News Releases

DEPARTMENT OF LAND AND NATURAL RESOURCES
News Release

DAVID Y. IGE
GOVERNOR
SUZANNE D. CASE
CHAIRPERSON

For Immediate News Release January 05, 2018

HAWAIʻI SUPREME COURT DECISION STOPS WEST HAWAIʻI FISHING PERMITS
PENDING AN ENVIRONMENTAL REVIEW

(Honolulu) – DLNR announced today that after applying a Hawai‘i Supreme Court ruling from last year to an existing DLNR rule, no aquatic life may be taken for commercial aquarium purposes off West Hawai‘i until an environmental review is completed.

The court ruled on September 6, 2017, that an environmental review must first occur before permits can be used to catch aquatic life for the commercial aquarium trade.  Following that ruling, State Circuit Court Judge Jeffrey P. Crabtree terminated and canceled all fine mesh net permits. DLNR rules state that a Hawai‘i State Aquarium Permit is also required to take any aquatic life from waters off of West Hawai‘i for commercial aquarium purposes.

“Although the state permit referenced in the rules is not defined, the intent of the Supreme Court decision is clear,” said Bruce Anderson, Administrator of the DLNR Division of Aquatic Resources.

“As a result of these court decisions it is clear that fine mesh nets cannot be used anywhere in  Hawai‘i in the commercial aquarium trade until the environmental review process has been completed.  Given the intent of the court ruling, any taking of aquarium fish or other animals for the commercial pet trade in West Hawai‘i is prohibited until the environmental review has been completed,” said Anderson.

Dan Dennison
Senior Communications Manager
(808) 587-0407