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Committee defers bill banning night spearfishing and commercial sale of spearfish; Native gathering rights and reef conservation debated

February 01, 2025 | Senate Committee on Water and Land, Senate, Legislative , Hawaii


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Committee defers bill banning night spearfishing and commercial sale of spearfish; Native gathering rights and reef conservation debated
The Senate Committee on Water and Land deferred SB 244 on Feb. 5 after extended public testimony and agency comments that highlighted a clash between conservation goals and customary fishing practices.

The bill would prohibit commercial sales of parrotfish taken by spearing and ban spearfishing for parrotfish in state waters after sunset and before sunrise. Ted Bolen of the Hawaii Reef and Ocean Coalition testified in support, arguing parrotfish are "very important" to coral preservation because they eat algae that smothers reefs. "Parrotfish ... chew up and eat the algae and other things that smother the coral and kill it," Bolen said, urging limits on taking parrotfish to protect reef health.

On Zoom, Godfrey Akaka, who said he represents the Native Hawaiian Gathering Rights Association, testified in opposition and framed night diving and spearfishing as customary gathering practices. "Catching fish and eating fish, preparing fish for our families in our backyard is our traditional and customary practice," Akaka said, arguing that night diving is "a very important form of gathering for people." Akaka urged lawmakers to reject the bill.

Other commenters echoed both sides. A testifier identified as Clayton Kubo argued night diving is a valid gathering method and opposed the bill; another speaker, identified as Kim, said the bill would ban a precise traditional method of take and urged management focus on quotas and habitat, not methods. DLNR Administrator Bridal Nielsen said the Division of Aquatic Resources recently completed statewide rulemaking for herbivores, established bag limits and had also adopted a night-spearfishing ban in a specific bay after community concern.

The committee record shows the chair recommended deferral of SB 244. The record notes the bill attracted written support and opposition and further stakeholder engagement was needed.

Why it matters: The debate highlights tensions between reef conservation measures aimed at protecting herbivorous fish that support coral health and protections for customary and traditional gathering rights. The outcome postpones a statewide legislative decision while leaving room for rulemaking and localized management actions.

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