Many have asked for updates on Hawaii’s aquarium pet trade and the cases against the remaining three, of six, who were charged in 2020 with the illegal capture of more than 1,100 reef animals and 571 violations of law.
Most recall the headlines about the two female divers abandoned in West Hawaii waters by long-time aquarium collector Stephen Howard, which prompted an emergency search and rescue by four state and federal enforcement agencies. Howard and his wife, Yukako Toriyama, who was one of the divers, were charged with 235 counts. They both failed to appear in court, thus a bench warrant was issued for Howard’s arrest, which still stands. It’s believed they’ve both left the country— facing upwards of $507,000 in criminal and civil fines for their offenses. The state has yet to see a penny.
The third collector, Jason Beevers, facing 344 counts for illegally capturing 336 animals, and potentially hundreds of thousands of dollars in fines, was able to get a paltry $4,000 plea deal and retain his fishing license. He then proceeded to falsely tell the judge that his arrest was due to miscommunication and that he had been working for UH-Hilo’s aquaculture program during his offense. DLNR’s Division of Aquatic Resources (DAR) has yet to investigate this false claim to the court, or take action on his civil case before the Board of Land and Natural Resources.
Ironically, the above two scenarios intertwined recently in West Hawaii, where commercial aquarium collection remains closed under court order. In March, DAR issued a special activity permit, which allows for otherwise illegal activities (i.e. aquarium fish collection), to a new ornamental fish aquaculture venture. The permit went through a vigorous review process rightfully stipulating what animals could be collected, when, where, how and by whom.
However, on March 28, when the new venture set out to collect the yellow tangs approved under the permit, the operation immediately generated complaints from the community, who recognized a long time Kona aquarium collector with collection gear on the vessel. This prompted a response by law enforcement agencies as all signs pointed to an illegal poaching operation — yet again.
But, unlike the others poaching cases, this one didn’t make any headlines. As it turns out, the permittee violated numerous permit conditions, most seriously, allowing at least one individual to collect unlawfully. They also failed to post the required signage on their boat, vehicles and gear, which led the community to rightfully report the suspect activity.
To date, DAR has yet to respond to our requests for explanation, and how the permittee and illegal collector will be held accountable.
Unfortunately, it’s unlikely any of the above offenders will be held to account, now or into the future. House Water & Land Chair Rep. David Tarnas (North Kona and Kohala) continues to obstruct all efforts at the state Legislature to close the aquarium pet trade once and for all. He passes the buck to DAR which by all accounts, seems unable to even regulate the collection of a handful of reef animals under a special permit, let alone the hundreds of thousands of our reef animals who were reported, after the fact, to be taken annually by the pet trade prior to the court closure. Further, Rep. Tarnas put forward a bill, now en route to the Governor, that lowers fines involving aquatic resource violations. The bill, HB1653, reduces current aquatic resource violations and poaching fines from up to $1,000, to a maximum of $250, per offense.
Nothing will change without continued public pressure on both DLNR and elected officials. Another penny should not be spent on attempting to regulate a trade that the state has time and again shown it is unable to manage, and that a majority of residents have made clear over decades, has no place in Hawaii.
Rene Umberger is executive director of For the Fishes and Mike Nakachi is captain of Moana Ohana.
