HomeMy WebLinkAboutCOM 0730.044 2008-2010 Pete Hoffmann oF; Phone No. Hilo: (808) 961 -8027 • '�' '' � Phone No. Waimea: (808) 887 -2043
Councilman f !
District 9 - North and South Kohala Fax No.: (808) 887 - 2072
*c�� * - E -Mail: phoffmann@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center
25 Aupuni Street 64 -1067 Mamalahoa Highway, Suite C -5
Hilo, Hawaii 96720 Waimea, Hawaii 96743
TO: J Yoshimoto, Chair
and Members of the Hawai`i County Council
FROM Pete Hoffmann, Council Member • �, ,
I
Date: August 17, 2010 i •
Subject: Proposed Amendments to Resolution No. 308 -10; Relating to ManagementAf 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
e „ „ .. . - . ' , - _. e - FOR THE
SUSTAINABLE MANAGEMENT OF THE WEST HAWAII AQUARIUM FISHERY
INCLUDING ADAPTIVE MANAGEMENT OF FISH REPLENISHMENT AREAS,
[ESTABLISHMENT] MAINTENANCE OF AN AQUARIUM FISH SPECIES' "WHITE
LIST," AND THE POSSIBILITY OF A LIMITED ENTRY PROGRAM."
2. Amending the 2 WHEREAS clause to read:
"WHEREAS, 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:
andl" /L
Serving the Interests of the People of Our Island Comm. No. 30 • T
Ref. To Pis:r al IAA
Hawai`i County Is An Equal Opportunity Provider And Employer Ref. Date - l la 1 it 7 Q ¶ 1
August 17, 2010
Page 2 of 3
4. Amending WHEREAS clauses four through nine to read:
"WHEREAS, as reported in the Division of Aquatic Resource's [recent Vie] Ten Year
Report to the [Legislature] Twenty -Fifth Legislature Regular Session of 2010:
1. Yellow tang populations in the open areas have declined [4] over the past decade[;]
and open areas have less yellow tang as compared to the Marine Protected Areas; and
2. Over the same period of time, the number of collectors has increased by 19% and the
total catch has increased by 25 %; and
[ .e - .. . - ! . - ., _ . .. .
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 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 nee to more
- - • - . .:-] 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 f
. .. - .. • . - .. - - ]; 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 [. . • • • . --
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;
2. The [creation] maintenance of a tropical fish "white list" specifying which species
can be collected for the aquarium trade [and a bag limit for large reproductively
August 17, 2010
Page 3 of 3
mature yellow tang], based on scientific data, subject to review, per the administrative
rule - making process; • 3. [ - - - - -- • . --- • - -- _ - - ... -- . -
good stewardship of the reefs; and] The establishment of a bag limit for large ( >5 "),
reproductively mature yellow tang, in order to protect the breeder stocks and sustain
the aquarium fishery; and
4. While awaiting determination of the legality of establishing Limited Entry regulations
for the aquarium industry in West Hawai`i, the feasibility of a one -year moratorium
on the issuance of commercial aquarium fish permits will be explored; 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 [ .... . - . - - - , :::: -. -- -' -- '- -' -
• .. -- - - . • : - ,] 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[:], the establishment of a bag limit for large,
reproductively mature yellow tang, and the feasibility of a one -year moratorium on the issuance
of commercial aquarium fish permits will be explored 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 Hawaii 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 to Mr. Kirk Caldwell, [
Hance] Acting 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,
MAINTENANCE 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, entry into this lucrative fishery is presently unlimited; and
WHEREAS, as reported in the Division of Aquatic Resource's Ten Year Report to the
Twenty -Fifth Legislature Regular Session of 2010:
1. Yellow tang populations in the open areas have declined over the past decade and open
areas have less yellow tang as compared to the Marine Protected Areas; and
2. Over the same period of time, the number of collectors has increased by 19% and the
total catch has increased by 25 %; 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 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;
2. The maintenance of a tropical fish "white list" specifying which species can be
collected for the aquarium trade, based on scientific data, subject to review, per the
administrative rule- making process;
3. The establishment of a bag limit for large ( >5 "), reproductively mature yellow tang,
in order to protect the breeder stocks and sustain the aquarium fishery; and
4. While awaiting determination of the legality of establishing Limited Entry regulations
for the aquarium industry in West Hawai`i, the feasibility of a one -year moratorium
on the issuance of commercial aquarium fish permits will be explored; and
WHEREAS, the Hawai`i County Council believes that while this industry contributes to
the economic health of the Island of Hawai`i, 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, the establishment of a bag limit for large, reproductively mature yellow tang, and the
feasibility of a one -year moratorium on the issuance of commercial aquarium fish permits will be
explored upon adoption by the Department of Land and Natural Resources.
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
Hawai`i; the Honorable Bernard P. Carvalho, Jr., Mayor, County of Kaua`i; the Honorable
Charmaine Tavares, Mayor, County of Maui; and to Mr. Kirk Caldwell, Acting Mayor of the
City and County of Honolulu.
2