Committee advances SB2078 to toughen aquarium-fish penalties after weeks of calls for a statewide ban

SB2078, a bill that adds criminal monetary penalties for aquarium-fish violations and treats each specimen unlawfully taken as a separate offense, moved forward in the Senate Committee on Water, Land, Culture and the Arts after hours of testimony from state agencies, community groups and conservation organizations.

The chair introduced the measure as one that would give the Department of Land and Natural Resources (DLNR) stronger enforcement tools, and DLNR staff said they stood on their written testimony while offering procedural and operational comments. DLNR explained that criminal cases would normally go to the courts first and that subsequent civil penalties are typically considered by the Board of Land and Natural Resources.

Why it matters: multiple native Hawaiian organizations, neighborhood boards and conservation groups urged the committee to go beyond steeper fines and adopt a full statewide ban on commercial aquarium collection. Lena Alalei of the Office of Hawaiian Affairs told the committee OHA supports increased penalties but has a “position of comment” because, she said, the bill should be amended to prohibit commercial aquarium practices statewide; several island civic clubs and county governments have similarly adopted bans or called for legislative action.

What supporters said: witnesses from For the Fishes, Sierra Club, Hui Aloha Kiholo and community leaders described localized reef declines, cultural harms from removing fish from nearshore ecosystems, and enforcement limits that make permitting an ineffective safeguard. Renee Amberger of For the Fishes said legal aquarium collection can provide cover for illegal poaching and urged a full ban as the most enforceable approach.

DLNR’s technical testimony and enforcement context: DLNR told the committee it is in the middle of chapter-91 rulemaking, has gone to the small-business review board and expects to return to the BLNR for final action after public hearings. DLNR said only seven collectors have so far completed the environmental-impact statement process and would be eligible for permits if the board authorizes them. The department also explained the mechanics of the bill’s penalty language: the measure’s structure treats each specimen taken in violation as a separate offense; the draft schedule cited in committee set a $200 first-offense fine, $400 for a second offense and $1,000 for third or subsequent offenses per specimen, which DLNR and committee members noted could yield large total fines for multiple specimens.

Outstanding questions and next steps: committee members asked whether upgrading penalties from petty misdemeanor to misdemeanor could create judicial bottlenecks, and whether the proposed penalties conflict with proposed rules for permitted collectors. DLNR said criminal prosecutions would go to court, then the board could pursue civil penalties. Chair amendments adopted later in the session clarify that the Board of Land and Natural Resources retains discretion—via rulemaking under HRS section 190‑3—to enact prohibitions where appropriate; the committee voted to pass SB2078 with amendments and send it forward for further consideration.

The committee recorded its recommendation to pass SB2078 with amendments and noted the measure’s preamble and technical language would be revised to reflect the board’s rulemaking authority. The bill will continue through the legislative process with committee amendments and a committee report.