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Saturday, September 9, 2017
Supreme Court: Aquarium Fisheries Sacrificed on Altar of Tourism
By Selected News Articles @ 3:50 PM :: 6405 Views :: Environment, Small Business

Editor's Note: The purpose of the Supreme Court is to give the enviros whatever they ask for.  Why?  Because the enviros are agents of the State’s #1 industry—tourism and land development.  For instance, in the fight against aquarum fishing, the leaders were dive tour operators who won arguing that their tourism use of the resource was superior to non-tourism uses.  Tourism in turn creates demand for luxury condos, thus benefitting A&B, KSBE and other highly infuential landowners and developers.  

'Environmental' question: When tourism has swept aside all other activities in Hawaii, what will be left to tour?

Read:  How A&B Wins Big From Environmental Litigation and Enviros win 90% in Hawaii Supreme Court.

  *   *   *   *   *

DLNR STATEMENT ON COMMERCIAL AQUARIUM FISHING RULING

News Release from DLNR, Sep 7, 2017

The Department of Land and Natural Resources (DLNR) has long issued annual commercial and recreational aquarium fish permits, pursuant to HRS §188-31 and administrative rules, authorizing the use of fine meshed traps or nets to take aquatic life for aquarium purposes.  On Wednesday, the Hawai‘i Supreme Court ruled that aquarium collection using fine meshed traps or nets is subject to the environmental review procedures provided in the Hawai‘i Environmental Policy Act (HEPA).  The issue has been remanded to the circuit court for further proceedings.

In light of the ruling, until further guidance is received, DLNR has discontinued issuance of new aquarium fish permits and renewal of existing aquarium fish permits.

  *   *   *   *   *

State Supreme Court Finds Excuse to Shut Down Aquarium Fisheries Statewide

CB: The state Supreme Court has ordered a stop to the commercial collection of aquarium fish in Hawaii pending an environmental review.

In a unanimous 73-page decision Wednesday, the justices ruled against the Department of Land and Natural Resources, vacating prior court rulings and directing the Circuit Court to issue a prohibitory injunction.

The court found that the commercial collection of fish for the aquarium trade is an “action” that is subject to the state environmental review process as laid out under the Hawaii Environmental Policy Act….

(Your Lords) Rene Umberger, Mike Nakachi, Ka’imi and Willie Kaupiko, the Conservation Council for Hawaii, the Humane Society of the United States and the Center for Biological Diversity (superior beings, all) initially filed the complaint in October 2012. They appealed an unfavorable Circuit Court order in 2013 and later an Appeals Court ruling before reaching the state’s highest court…..

read … Commercial Catching Of Aquarium Fish Halted By Hawaii Supreme Court

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