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HomeMy WebLinkAboutResolution No. 2026-21, Draft 1COUNTY COUNCIL COUNTY OF KAUA'I ~es O I utt On No. 2026-21, Draft 1 RESOLUTION URGING THE STATE BOARD OF LAND AND NATURAL RESOURCES TO DIRECT THE DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION OF AQUATIC RESOURCES, TO ADOPT RULES, OR ALTERNATIVELY URGING THE HAWAl'I STATE LEGISLATURE TO ENACT LEGISLATION, PROHIBITING THE HARVEST OF AQUATIC LIFE FROM STATE MARINE WATERS FOR COMMERCIAL AQUARIUM PURPOSES WHEREAS, Hawai'i's coral reef ecosystems are of immeasurable importance to the people, culture, and economy of the islands, supporting biodiversity, subsistence, and traditional Native Hawaiian practices tied to the principle of aloha 'iiina (care for the land and sea); and WHEREAS, Hawai'i's coral reefs are being pushed to their limits due to rising ocean temperatures, repeated bleaching events, and human pressures; and WHEREAS, herbivorous reef fish such as but not limited to yellow tang (Zebrasoma jlavescens) and orangespine unicornfish (Naso lituratus) play critical ecological roles in controlling algal growth, maintaining coral resilience, and sustaining subsistence fisheries; and WHEREAS, fish collected for the aquarium trade are frequently subjected to severe stress and internal injuries, especially when brought to the surface rapidly, which can lead to immediate or delayed death as recovery often requires extended, low-stress conditions that are rarely provided in commercial handling; and WHEREAS, since 2021, commercial aquarium collection has been prohibited throughout the State; and WHEREAS, based on various court proceedings, the Board of Land and Natural Resources (BLNR) is planning to resume issuing aquarium fish permits; and WHEREAS, the State Department of Land and Natural Resources (DLNR), Division of Aquatic Resources (DAR), has proposed new administrative rules to reopen aquarium fish collection in West Hawai'i, allowing collectors to remove various native species from the region with an annual permit; and WHEREAS, even with past efforts to address concerns about reef protection, the current proposal from DAR has moved forward without the depth of community dialogue, cultural consideration, or independent scientific evaluation that many believe is necessary, raising questions about whether the process aligns with Hawai'i's constitutional responsibilities to safeguard natural resources, uphold the 1 right to a healthy environment, and protect traditional and customary Native Hawaiian practices; and WHEREAS, the Association of Hawaiian Civic Clubs, with nearly 4,000 members, approved a resolution at its 66th annual convention to include as part of its 2026 Legislative Package to the Hawai'i State Legislature a proposed bill to enact a permanent statewide ban on commercial aquarium collection, affirming that Hawai'i's reef ecosystems must be managed under the public trust doctrine for the benefit of future generations rather than private profit; and WHEREAS, several groups supported several bills during the 2026 legislative session seeking to curtail or ban collection of aquarium fish, including the Office of Hawaiian Affairs, Hawai'i County Council, Earthjustice, the Nature Conservancy, Sierra Club of Hawai'i, Hawai'i Reef and Ocean Coalition, and For the Fishes; and WHEREAS, in April 2026, the Hawai 'i First Circuit Environmental Court ruled that the BLNR and DLNR have the legal authority to enact a complete, statewide ban on commercial aquarium collection; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE OF HAWAI'I, that the Council urges the Board of Land and Natural Resources to direct the Department of Land and Natural Resources, Division of Aquatic Resources, to adopt rules prohibiting the harvest of aquatic life from State marine waters for commercial aquarium purposes. BE IT FURTHER RESOLVED, that, alternatively, the Council urges the Hawai'i State Legislature to enact legislation prohibiting the harvest of aquatic life from State marine waters for commercial aquarium purposes. BE IT FINALLY RESOLVED, that the County Clerk shall forward a copy of this Resolution to Honorable Governor Josh Green, M.D., all Legislators of the Hawai'i State Legislature, all Mayors and Council Chairpersons within Hawai'i, and the Chairperson of the Board of Land and Natural Resources. Introduced by: /s/ FERN HOLLAND V: \RESOLUTIONS\2024-2026 TERM\Resolution No 2026-21 Draft 1 Aquatic Life for Commercial Aquarium Purposes JA_dmc.docx %eve ~ulosan X Qtarbalbo X Qtowben X ~ollanb X Jkanesbiro X Jkuali'i X l\apo?o X m:otal 7 §!ap Qrxcuseb 3Recuseb 0 0 0 QCertificate <!&f ~boption We berebp certifp tbat l\esolution ~o. 2026-21, Draft 1 was abopteb bp tbe Qtouncil of tbe Qtountp of Jkaua'i, ~tate of ~awai'i, J!Ibu'e, Jkaua'i, ~ahlai'i, on July 8, 2026. Qtbairman & i)resibing ®fficer ~ateb July 8, 2026 2