Governor Josh Green, M.D. | DLNR/Dept. of the Attorney General Joint Release-Judge Lifts West Hawaii Fishing Injunction
DLNR/Dept. Attorney General’s Joint Release Judge Overturns West Hawaii Fishing Injunction
Posted on January 30, 2023 in Current Department News, Newsroom
(HONOLULU) – Judge for the District Court of Hawaii Jeffrey P. Crabtree today vacated an injunction in a case filed by opponents of commercial aquarium fisheries requiring the issuance or renewal of aquarium fish permits to commercial collectors under the revised statutes of Hawaii (HRS) Section 188 prohibited -31 in the West Hawaii Regional Fisheries Management Area (WHRFMA). An injunction regarding the issuance or renewal of aquarium fish permits in the rest of the state of Hawaii remains in effect.
The injunction in which Umberger Case cleared due to completion of an environmental review under the Hawaii Environmental Policy Act (HEPA) for the WHRFMA.
During the hearing, Assistant Attorney General Melissa Goldman, the state’s lead attorney, reminded the parties and the public that aquarium fisheries play a role in western Hawai’i Not Permitted solely because the injunction relating to the issuance or renewal of aquarium fish permits to commercial collectors under Hawaii Revised Statutes § 188-31 for West Hawaii is vacated. No aquarium fishing permits have yet been considered or issued by the Department of Land and Natural Resources (DLNR) for the WHRFMA, and the lifting of the injunction in the WHRFMA does not permit the immediate resumption of commercial aquarium fishing, either at the WHRFMA or elsewhere in Hawaii.
In response to today’s ruling, Assistant Attorney General Goldman stated, “Today’s decision returns management of the state’s aquatic resources in the West Hawaii Regional Fisheries Management Area to the DLNR after the West Hawaii environmental assessment process is complete. Today’s decision itself does not allow for aquarium fishing. This issue can now be addressed by the DLNR, which is tasked with managing the state’s water resources.”
Anyone engaging in commercial aquarium collection without the required permit in the West Hawaii County or elsewhere in the state will be reported and DLNR will pursue enforcement to the fullest extent permitted by law.
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