HomeMy WebLinkAboutCOM 0730.043 2008-2010 Pete Hoffmann -�� Phone No. Hilo: (808) 961 -8027
�p °•...',-'1, ' ' .''' Phone No Waimea: (808) 887 -2043
Councilman " \,I,;;?*.. .
District 9 - North and South Kohala A,'' ' Fax No.: (808) 887 - 2072
: . I : E -Mail: phoffmann@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building Holomua Center
25 Aupuni Street 64 -1067 Mamalaho Iighway, Suite C -5
Hilo, Hawai`i 96720 Waimea, / wai `i 970
TO: J Yoshimoto, Chair
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and Members of the Hawai`i County Council ,
FROM: ete Hoffmann, Council Member _,
Date: August 9, 2010 - .,
Subject: Proposed Amendments to Resolution No. 308 -10; Relating to Management of the
West Hawai`i Aquarium Fishery
Please find attached proposed amendments to Resolution No. 308 -10.
The amendments are illustrated below via Ramseyer format; material to be deleted is bracketed
and stricken through, material to be added is underscored. The proposed amendments read as
follows:
1. Amending the title to read:
"RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL
RESOURCES, DIVISION OF AQUATIC RESOURCES, TO ADOPT RULES
['._ . „ „ . - . : - - • _ . - • . . ' . - -. ! - • -1 FOR THE
SUSTAINABLE MANAGEMENT OF THE WEST HAWAII AQUARIUM FISHERY
INCLUDING ADAPTIVE MANAGEMENT OF FISH REPLENISHMENT AREAS,
ESTABLISHMENT OF AN AQUARIUM FISH SPECIES' "WHITE LIST," AND THE
POSSIBILITY OF A LIMITED ENTRY PROGRAM."
2. Amending the 2 WHEREAS clause to read:
"WHEREAS, although equipment costs can be significant, entry into this lucrative fishery is
presently unlimited, the required aquarium fish permit is free, and a commercial marine license is
only $50 per year; and"
3. Deleting the 3 WHEREAS clause in its entirety:
«[ . - . ., • • - -- ... - - . -- , - -. • . ' `' -- : . e .. • . - : :
Serving the Interests of the People of Our Island Comte. OW. 790.
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Ref. To: ( CA i
Hawai`i County Is An Equal Opportunity Provider And Employer Ref. Date „ 9 219
August 9, 2010
Page 2
4. Amending WHEREAS clauses four through nine to read:
"WHEREAS, as reported in the Division of Aquatic Resource's recent Five Year Report
to the Legislature:
[ 1. Yellow tang populations in the open areas have declined 47% over the past decade;]
[2] L Over the [same period of time,] past decade, the number of collectors has
increased by 19% and the total catch has increased by 25 %; and
[3-.1 2. Open areas have less than 30% of the number of yellow tangs as compared to the
protected areas; and
WHEREAS, the recent dumping of over 600 tropical fish, mainly yellow tang, and
reports of ongoing poaching prove that [the] our marine aquarium fish industry [needs] could
benefit from better management and protection from irresponsible fishers, whether legal permit
holders or illegal dealers; and
WHEREAS, it is believed that [this unique and precious resource cannot sustain such
growth] without ample protection and regulation, this unique and precious resource will not be
sustainable; and
WHEREAS, the Hawai`i County Council recognizes that [there is a need-to-mere
effectively manage] the effective management of the West Hawai`i aquarium industry can be
achieved through several different management approaches; and
WHEREAS, the West Hawai`i Fisheries Council (WHFC) has recently submitted a
number of recommended rule amendments to the Department of Land and Natural Resources,
which include a variety of management proposals [that will protect the tropical fish resource
without unduly restricting the tropical fish trade business]; and
WHEREAS, [these rule amendments] possible approaches and guidelines, among others,
can include:
1. The implementation of adaptive management of the Fish Replenishment Areas, which
specifically allows a reef area at Pebble Beach, South Kona, to be closed to aquarium
collecting while opening a similarly sized area [at K auhou for limited collecting (by
lottery)] to be determined in concert by representatives of the Big Island Association
of Aquarium Fishermen and the WHFC, thus maintaining a balanced proportion of
open -to- closed fish collection areas; or
2. The creation of a tropical fish "white list" specifying which species can be collected
for the aquarium trade, subject to review on an annual basis [and a bag limit for large
- . . - • :]; [and] or
3. [ - .... . • .. -- - - ....`' . -- . -
August 9, 2010
Page 3
reefs and their marine life, and provides economic incentive to fishers to promote
good stewardship of the reefs; and] The establishment of a bag limit for large,
reproductively mature yellow tang, and in order to protect the breeder stocks and
sustain the industry, a ban on the taking of yellow tang over five inches; or
4. While awaiting determination of the legality of establishing Limited Entry regulations
for the aquarium industry in West Hawai`i, a one -year moratorium on the issuance of
fish licenses will be in effect; and"
5. Amending the enacting clause to read:
"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges the Department of Land and Natural Resources, Division of Aquatic Resources, to
adopt [ - .. _ . . - . . - - , .... .. - - - ... ' `' - • - - • , -
include include-Limited Entry regulations,] management approaches and guidelines listed above which
include adaptive management of Fish Replenishment Areas, [and] a list specifying which
tropical fish are allowed for collection and trade[.-], establishment of a bag limit and a ban on
yellow tang over five inches long, and a one year moratorium on the issuances of fish licenses
upon adoption by the Department of Land and Natural Resources."
6. Amending the final clause to read:
"BE IT FINALLY RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the County Clerk shall forward copies of this resolution to the Chairperson of the
State Department of Land and Natural Resources; the Administrator of the Division of Aquatic
Resources; the members of Hawai`i State Legislature; the members of County Council of Kaua`i,
Maui, and the City and County of Honolulu; the Honorable William P. Kenoi, Mayor, County of
Hawaii; the Honorable Bernard P. Carvalho, Jr., Mayor, County of Kaua`i; the Honorable
Charmaine Tavares, Mayor, County of Maui; and the Honorable [ ,] Mayor[ of
the City and County of Honolulu."
A draft copy of Resolution No. 308 -10, Draft 2, is attached with these amendments incorporated.
Thank you.
PH /kf
att.
RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL
RESOURCES, DIVISION OF AQUATIC RESOURCES, TO ADOPT RULES FOR THE
SUSTAINABLE MANAGEMENT OF THE WEST HAWAII AQUARIUM FISHERY
INCLUDING ADAPTIVE MANAGEMENT OF FISH REPLENISHMENT AREAS,
ESTABLISHMENT OF AN AQUARIUM FISH SPECIES' "WHITE LIST," AND THE
POSSIBILITY OF A LIMITED ENTRY PROGRAM.
WHEREAS, the marine aquarium fishery in the State of Hawai`i is one of the most
economically valuable commercial inshore fisheries and the majority of the catch and value
comes from West Hawai`i; and
WHEREAS, although equipment costs can be significant, entry into this lucrative fishery
is presently unlimited, the required aquarium fish permit is free, and a commercial marine license
is only $50 per year; and
WHEREAS, as reported in the Division of Aquatic Resource's recent Five Year Report
to the Legislature:
1. Over the past decade, the number of collectors has increased by 19% and the total
catch has increased by 25 %; and
2. Open areas have less than 30% of the number of yellow tangs as compared to the
protected areas; and
WHEREAS, the recent dumping of over 600 tropical fish, mainly yellow tang, and
reports of ongoing poaching prove that our marine aquarium fish industry could benefit from
better management and protection from irresponsible fishers, whether legal permit holders or
illegal dealers; and
WHEREAS, it is believed that without ample protection and regulation, this unique and
precious resource will not be sustainable; and
WHEREAS, the Hawai`i County Council recognizes that the effective management of
the West Hawai`i aquarium industry can be achieved through several different management
approaches; and
WHEREAS, the West Hawai`i Fisheries Council (WHFC) has recently submitted a
number of recommended rule amendments to the Department of Land and Natural Resources,
which include a variety of management proposals; and
WHEREAS, possible approaches and guidelines, among others, can include:
1. The implementation of adaptive management of the Fish Replenishment Areas, which
specifically allows a reef area at Pebble Beach, South Kona, to be closed to aquarium
collecting while opening a similarly sized area to be determined in concert by
representatives of the Big Island Association of Aquarium Fishermen and the WHFC,
thus maintaining a balanced proportion of open -to- closed fish collection areas; or
2. The creation of a tropical fish "white list" specifying which species can be collected
for the aquarium trade, subject to review on an annual basis; or
3. The establishment of a bag limit for large, reproductively mature yellow tang, and in
order to protect the breeder stocks and sustain the industry, a ban on the taking of
yellow tang over five inches; or
4. While awaiting determination of the legality of establishing Limited Entry regulations
for the aquarium industry in West Hawai`i, a one -year moratorium on the issuance of
fish licenses will be in effect; and
WHEREAS, the Hawai`i County Council believes that while this industry contributes to
the economic health of the Island of Hawaii, it should not be at the expense of our island
resources and other ocean oriented businesses; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges the Department of Land and Natural Resources, Division of Aquatic Resources, to
adopt management approaches and guidelines listed above which include adaptive management
of Fish Replenishment Areas, a list specifying which tropical fish are allowed for collection and
trade, establishment of a bag limit and a ban on yellow tang over five inches long, and a one year
moratorium on the issuances of fish licenses upon adoption by the Department of Land and
Natural Resources.
BE IT FINALLY RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAI'I that the County Clerk shall forward copies of this resolution to the Chairperson of the
State Department of Land and Natural Resources; the Administrator of the Division of Aquatic
Resources; the members of Hawai`i State Legislature; the members of County Council of Kaua`i,
Maui, and the City and County of Honolulu; the Honorable William P. Kenoi, Mayor, County of
Hawai`i; the Honorable Bernard P. Carvalho, Jr., Mayor, County of Kaua`i; the Honorable
Charmaine Tavares, Mayor, County of Maui; and the Honorable Mayor of the City and County
of Honolulu.
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