§188-31 Permits to take aquatic life for aquarium purposes.

309 words·~1 min read·/hi/chapter-188/188-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as prohibited by law, the department, upon receipt of a written application, may issue an aquarium fish permit, not longer than one year in duration, to use fine meshed traps, or fine meshed nets other than throw nets, for the taking of marine or freshwater nongame fish and other aquatic life for aquarium purposes.

(b)Except as prohibited by law, the permits shall be issued only to persons who can satisfy the department that they possess facilities to and can maintain fish and other aquatic life alive and in reasonable health.

(c)It shall be illegal to sell or offer for sale any fish and other aquatic life taken under an aquarium fish permit unless those fish and other aquatic life are sold alive for aquarium purposes.

The department may adopt rules pursuant to chapter 91 for the purpose of this section.

(d)For the purposes of this section:

(1)"Aquarium purposes" means to hold salt water fish, freshwater nongame fish, or other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition or display, or for sale for these purposes; and

(2)"Aquarium fish permit" means a permit issued by the board for the use of fine mesh nets and traps to take salt water fish, freshwater nongame fish, or other aquatic life for aquarium purposes. [L 1953, c 124, §§1, 2, 3; RL 1955, §21-64; am L 1961, c 30, §§1, 2 and c 132, §2; HRS §188-31; am L 1979, c 154, §1; gen ch 1985; am L 1992, c 96, §2]

Case Notes

Commercial aquarium collection under this section and the department of land and natural resources' administrative rules is subject to the requirements of the Hawaii environmental policy act. 140 H. 500, 403 P.3d 277 (2017).