Hawaii Supreme Court Ruling Halts Aquarium Fishery

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S-t-r-e-t-c-h

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Reversing decisions of the lower courts, Hawaii’s Supreme Court ruled that commercial aquarium fish collection is subject to HEPA requirements, and as such, issued an injunction to halt the collection of aquarium fishes until the proper environmental review is conducted.

So, this is basically a stop order until an environmental impact study is complete. It's not a forever ban.
 

mpedersen

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Yes, that is my current understanding. What I do not yet have a handle on is how this injunction will be put into effect (eg. did it literally start today), and what steps the DLNR will now undertake in order to comply with the court's ruling. Those questions were put out to the DLNR overnight, along with others closer to the story, and I hope to have follow-up information on the CORAL website in the coming days.
 

becks

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Can anyone care to explain it in laymen terms, DLNR, plantifs etc???

I thought there was enough scientific evidence that illustrated that the aquarium trade was sustainable??? Or is this about issuing licenses????
 

mpedersen

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Can anyone care to explain it in laymen terms, DLNR, plantifs etc???

DLNR - Department of Land & Natural Resources (Hawaii). Plaintiffs = people and organizations who filed the lawsuit against the state agency (DLNR) in 2012

I thought there was enough scientific evidence that illustrated that the aquarium trade was sustainable??? Or is this about issuing licenses????

There is a hefty amount of data on the fishery, which is what has led prominent marine scientists to support the notion that Hawaii's is the most well-managed marine aquarium fishery in the world. Eg. https://www.reef2rainforest.com/201...arium-fishery-regulated-valuable-sustainable/

Furthermore, anytime I see mentions of the fishery in Hawaii being "unlimited" or "unregulated" I cringe because those statements are demonstrably false, one only needs to point to the laws and regulations themselves to disprove it, yet this misinformation persists.

I'm NOT a lawyer, but as I understand it, the crux of the argument was that the DLNR felt that it was not required to conduct the HEPA environmental review to issue marine aquarium commercial fishing licenses. The court determined otherwise. So as I understand it, the fishery is now closed until the DLRN complies and has the review done..or they somehow otherwise contest this latest ruling and get the injunction overturned.
 

shred5

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What about shipping them worldwide from Hawaii? What's there survival rate then?

Most are shipped to the United states due to proximity.

Yellow tangs are collected elsewhere but in less quntities they just are not usually shipped to the United states, they would be more expensive than from Hawaii do to shipping.
 

becks

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DLNR - Department of Land & Natural Resources (Hawaii). Plaintiffs = people and organizations who filed the lawsuit against the state agency (DLNR) in 2012



There is a hefty amount of data on the fishery, which is what has led prominent marine scientists to support the notion that Hawaii's is the most well-managed marine aquarium fishery in the world. Eg. https://www.reef2rainforest.com/201...arium-fishery-regulated-valuable-sustainable/

Furthermore, anytime I see mentions of the fishery in Hawaii being "unlimited" or "unregulated" I cringe because those statements are demonstrably false, one only needs to point to the laws and regulations themselves to disprove it, yet this misinformation persists.

I'm NOT a lawyer, but as I understand it, the crux of the argument was that the DLNR felt that it was not required to conduct the HEPA environmental review to issue marine aquarium commercial fishing licenses. The court determined otherwise. So as I understand it, the fishery is now closed until the DLRN complies and has the review done..or they somehow otherwise contest this latest ruling and get the injunction overturned.

So this is the anti aquarium trade lobbying for more restrictive laws, then the DLNR will file the required paperwork...the suspension will be lifted, then they will try to lobby against something else, until their agenda is achieved
 

Humblefish

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I'm just gonna say it, I'm tired of this idiocy. Its one thing if a particular species is considered endangered or vulnerable, but to target the entire industry like this is ridiculous. The only thing it will accomplish is more fish will now be collected from countries with looser regulations.
 

reef_ranch

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I'm NOT a lawyer, but as I understand it, the crux of the argument was that the DLNR felt that it was not required to conduct the HEPA environmental review to issue marine aquarium commercial fishing licenses. The court determined otherwise. So as I understand it, the fishery is now closed until the DLRN complies and has the review done..or they somehow otherwise contest this latest ruling and get the injunction overturned.

You are correct in your understanding of the argument. And while the Hawaii Supreme Court ruled that a HEPA environmental review must occur before any commercial permits are issued, it left open the door for DLNR to conduct one review to apply to all aquarium collection activities. Assuming a group of collectors get together to fund a review, and the findings accepted by the DLNR are consistent with the science it relied on to issue permits in the first instance, it will issue the same permits all over again. I'm sure there will be a lawsuit challenging the HEPA review, but unless an injunction is issued freezing permits issued after the HEPA review, we should see commercial collecting again in Hawaii before too long. So it is a loss for the aquarium industry, but given the studies I've read about the sustainability of the aquarium fish population, I doubt its a permanent one.

As to any further review of this decision, I did not see any US constitutional issues raised or decided. If that is the case then there won't be any further appeal; the Hawaii Supreme Court has the last say on the meaning of Hawaiian law.
 

lauderdalestunner

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I collected on the south west coast of Oahu in the early 90's and this will have huge affects on the local population especially on the big island where you get more yellow tangs. The collection business was growing fast back then and not sure what it's like today but remember all these guys have boats, dive equipment, holding facilities and family to take care of. The prices on the other species is likely to make up some of the difference I'd assume.
 

becks

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I'm not sure how much money the aquarium trade generates in Hawaii, but i can't see it wanting to loose that revenue, as there is a huge knock on effect for business that supply those within the industry too. I also imagine a lot of companies world wide within the industry would fund any support groups.
 

FlyinBryan

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This is bad news all the way around. These fish are not going extinct and they can't be captive bread -- period. This is going to result in an over population of yellow tangs, loss of great jobs. It's totally unnecessary. Where can I send a lot of $$$ to help with the appeals process?? I think it'd go to the 9th circus so we'll have to take this to all the way to the Supremes. That's going to take time and $$$. Bad news.
 

Big G

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It's the "Puppy mill" thing. Been saying it for awhile now that the way fish are treated by some wholesalers and some of their suppliers and ultimately by some consumers, was not good for the hobby. It's become far too common and "accepted" for people to wander into places like Petco, et. al. and find tanks dirty and floating, decaying fish. Show people enough pictures of dead and dying animals and they will react.
 

Amoo

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It's also a punish the masses for the actions of a few thing, typical ruling for the 9th though so no surprise here.
 

Brew12

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You are correct in your understanding of the argument. And while the Hawaii Supreme Court ruled that a HEPA environmental review must occur before any commercial permits are issued, it left open the door for DLNR to conduct one review to apply to all aquarium collection activities. Assuming a group of collectors get together to fund a review, and the findings accepted by the DLNR are consistent with the science it relied on to issue permits in the first instance, it will issue the same permits all over again. I'm sure there will be a lawsuit challenging the HEPA review, but unless an injunction is issued freezing permits issued after the HEPA review, we should see commercial collecting again in Hawaii before too long. So it is a loss for the aquarium industry, but given the studies I've read about the sustainability of the aquarium fish population, I doubt its a permanent one.

As to any further review of this decision, I did not see any US constitutional issues raised or decided. If that is the case then there won't be any further appeal; the Hawaii Supreme Court has the last say on the meaning of Hawaiian law.
An argument could be made that this impacts interstate trade since Hawaii is the main US supplier for ornamental marine fish. The federal courts could possibly get involved for that reason.
 

A Toadstool Leather

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Honestly I would be ok with the collection of endangered corals/ fish being stopped but this is taking it too far. Well regulated collection can be sustainable imo.
 

MnFish1

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I read a lot of posts here that go like this. I had a .......... (fill in the blank) die (often times several examples/species) because of an unexpected problem (power outage, etc etc) - ....... (fill in the blank). I hope that the fact that some of these fisheries are going to be more difficult will lead to more careful and scientifically based reef aquarium keeping. Perhaps this will cause 'reefers' to value their livestock a bit more, be a bit more careful, learn more before buying.

I dont mean this to be an offensive post, but so many post 'excuses' as to why they lost this or that coral/fish (I had a great xxxxx acropora but then my heater malfunctioned). I hope some of the new restrictions lead everyone to realize the things in their tanks are living, are scarce, and are irreplaceable. I hope it also leads to a more scientific and less anecdotal philosophy to taking care of these animals in general and on the forums.
 

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