West Hawaii’s Coastline Reopens to Aquarium Fish Collection After Court Ruling

In a decisive ruling, the Hawaii Supreme Court ruled 4-1 to allow commercial aquarium fish collection to resume along the West Hawaii shoreline. This area, known as the West Hawaii Regional Fishery Management Area, had been at the center of a legal battle over the environmental effects of the aquarium fish trade.¹ The recent ruling clears the way for the State Board of Land and Natural Resources (BLNR) to issue new permits for aquarium fish collection. However, the practice has remained controversial due to its potential impact on native reef fish populations.

The Struggle Between the Aquarium Fishing Industry and Ecosystem Preservation

The history of commercial fishing in Hawaii reflects a major shift from traditional Native Hawaiian practices to a more modern, regulated industry, including the controversial aquarium trade. This shift became particularly noticeable in 2017 when the pet industry submitted an Environmental Impact Statement (EIS) to continue commercial aquarium fishing. Initially rejected by the BLNR, the EIS was revised and resubmitted following public comments. Despite objections, the BLNR ultimately accepted the EIS via a tied vote.

Environmental groups, represented by Earthjustice, filed a lawsuit in the Environmental Court for the First Circuit, challenging the BLNR’s default acceptance of the revised EIS. They sought to enforce the Hawaii Environmental Policy Act (HEPA), arguing that the revised EIS fell short of disclosing and mitigating the damage this industry could cause to Hawaii’s reef ecosystems. However, both the environmental and appellate court ruled against the plaintiffs. The Hawaii Supreme Court ultimately upheld the BLNR’s decision, finding that the revised EIS complied with HEPA. This ruling is paving the way for aquarium fish collection to resume in West Hawaii, allowing the BLNR to move ahead with considering issuing new permits.

Environmental advocates are deeply concerned about the ruling’s potential consequences. Executive Director of For the Fishes, Rene Umberger, expressed her disappointment stating: “We are very concerned that today’s ruling will open the floodgates to destructive levels of commercial aquarium harvesting in Hawai’i’s waters.”² She further criticized the court for approving an EIS that she believes fails to properly address the known environmental harm caused by the aquarium trade.

Meanwhile, aquarium fishers have also voiced frustration over the lengthy permitting process. For example, local fishers expressed dissatisfaction at a BLNR public meeting on August 23, 2024, arguing that they have been prevented from earning a living for too long.³ Jim Lovell, a longtime Kona aquarium fisherman stated, “All we’ve ever done is said, ‘How do we comply?’… And we’ve been constantly told that if we complete the process, we could get our jobs back and our livelihood back. It’s been seven years now.” Fishers like Lovell feel they have been unfairly held back by legal challenges from environmental groups like Earthjustice, who remain committed to delaying the permitting process to defend Hawaii’s reefs.

Conclusion

Despite the court’s decision, the future of new permits remains uncertain. A contested case hearing has been requested by environmental groups, including Hawaiian community members, which is further delaying the BLNR’s decision on pending permits. For now, commercial aquarium collection remains illegal in all other Hawaiian coastal waters. The fate of Hawaii’s coastal ecosystems hangs in the balance, as both commercial fishers and conservationists watch closely for the BLNR’s next move.

¹ Kaupiko v. Bd. of Land and Nat. Res., 2024 WL 3964270 (Haw. Aug. 28, 2024).
² Press Release, Hawai’i Supreme Court Fails to Protect Coastal Reef Fish, Earthjustice (Aug. 28, 2024).
³ Bd. of Land and Nat. Res., 08.23.24 Board of Land and Natural Resources Meeting, YouTube (Aug. 23, 2024).