HI HB459

Requires the Department of Land and Natural Resources to develop and maintain an aquarium collecting white list for each county specifying which aquatic species may be legally collected, possessed, or sold for aquarium purposes.

Restricts white list eligibility to species that can survive at least 180 days in captivity, demonstrate stable or increasing population trends in their collection areas, and are not endemic to Hawaii.

Limits annual collection of any species in a county to the average annual collection amounts from 2005-2007 and prohibits collection if removal would negatively impact reef ecosystems such as through algae overgrowth or parasite overload.

Establishes penalties of $1,000 per specimen collected, possessed, or sold in violation, plus criminal penalties ranging from $1,000 and 30 days imprisonment for first violation to $3,000 and 90 days imprisonment for third or subsequent violations within five years.

Takes effect June 1, 2011, and allows the department to recognize native Hawaiian traditional and customary rights regarding marine resources for subsistence, cultural, or religious purposes.