HI HB459

Department of Land and Natural Resources shall 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.

Species included on the white list must survive in captivity for at least 180 days and demonstrate stable or increasing population trends based on published studies; endemic Hawaiian species are prohibited from the list.

Collection of any whitelisted species in a county cannot exceed the average annual collection amounts from 2005-2007 based on department records.

Violators face $1,000 fines per specimen collected illegally; criminal penalties range from $1,000 fine and/or 30 days imprisonment for first offense, up to $3,000 fine and/or 90 days imprisonment for third or subsequent violations within five years.

Act takes effect June 1, 2011; department may recognize native Hawaiian traditional and customary rights for subsistence, cultural, or religious marine resource use.