The Latest on Commercial Aquarium Collection in Hawai‘i - Earthjustice

News Release from EarthJustice, Oct 10, 2024

We've been working with reef advocates and Native Hawaiian cultural practitioners for 12 years to challenge commercial aquarium collection in court and before the state. We'll keep at it until Hawai‘i’s reef ecosystems can thrive for generations to come.

Hawai‘i communities have long opposed collection of wild reef fish for the aquarium pet trade. Commercial collectors target juvenile indigenous and endemic fish species, including species that feed local communities, chasing schools and individuals into fine-meshed nets where they cannot escape. The fish are then bagged, shipped, and sold to pet stores around the world. Evidence suggests that most fish captured for home aquariums die within the first year of captivity. Left in the wild, these species would live much longer. In some cases, like the Yellow Tang, these species can live more than 40 years. Due to its harmful effects on fish populations, reef ecosystems, and other community needs, Earthjustice has been representing community groups for over a decade to challenge the harmful practice of commercial aquarium collection in court.

What is the Status of Commercial Aquarium Collection in Hawai‘i?

Because of our Hawai‘i Supreme Court victory in the Umberger case back in 2017, commercial aquarium collection in Hawai‘i is prohibited without first completing a two-step process: (1) conducting environmental review under the Hawai‘i Environmental Policy Act, and then (2) obtaining the relevant permits from the Hawai‘i Board of Land and Natural Resources. The aquarium pet industry has begun — but not yet completed — this process for West Hawai‘i Island and O‘ahu. Thus, commercial aquarium collection remains illegal across Hawai‘i at this time.

But the industry isn’t backing down. It continues to press forward in the hopes of resuming its decades-long practice of extracting hundreds of thousands of native reef fish from Hawai‘i’s reefs each year, at the expense of Hawai‘i’s reef ecosystems and Native Hawaiian cultural practices.

West Hawai‘i

The aquarium pet industry has finished the environmental review process to seek up to seven commercial aquarium permits for collection in West Hawai‘i. By a 4-1 majority, the Hawai‘i Supreme Court ruled that the industry’s West Hawai‘i environmental impact statement was legally valid.

However, the Board of Land and Natural Resources has yet to issue any permits. In August 2024, we requested a contested case hearing (i.e., an administrative trial) to challenge the Board staff’s proposed permit terms and conditions, and we are awaiting a decision. The Board will decide whether to hold a contested case before it proceeds with permitting decisions, including whether to issue any permits at all and, if so, what terms and conditions would apply.

O‘ahu

The aquarium pet industry has not completed the environmental review process for commercial aquarium collection on O‘ahu. Instead, the Board rejected the aquarium pet industry’s environmental impact statement in 2021.

The industry has been working on revising the O‘ahu environmental impact statement. Once a revised statement is published, the public will have 30 days to provide comments. After that, a final statement will be published, and the Board will decide whether to accept or reject it.

Current Status of Commercial Aquarium Collection in Hawai‘i

But wait a minute, didn’t the Board unanimously vote to begin rulemaking to ban commercial aquarium collection back in December 2023?

Yes. This is extremely frustrating. It makes no sense for the Board and its staff to move forward to consider permits when the Board has already voted to begin the rulemaking process to ban commercial aquarium collection statewide. Some Board members are now claiming that the Board lacks legal authority to adopt such a ban, contrary to state law. We are challenging these invalid legal views in another proceeding.

Couldn’t the Hawai‘i Legislature ban commercial aquarium collection instead?

Yes. A ban could be adopted either by the Board through rulemaking or by the Legislature via statute.

What are the ongoing legal battles challenging the aquarium pet trade?

Aquarium Ban Rule: A petition to affirm the Board’s authority to ban commercial aquarium collection by rulemaking.
Status: Filed — awaiting a Board hearing or decision
Region affected: Statewide
Aquarium Permits: A request for a contested case hearing to challenge proposed permit terms and conditions.
Status: Filed — awaiting a Board decision
Region affected: West Hawai‘i
Environmental Review: Environmental Impact Statement for commercial aquarium collection on O‘ahu.
Status: Awaiting a a revised draft EIS, subject to 30-day public comment period followed by final EIS and Board decision to approve or reject
Region affected: O‘ahu