Umberger v. Department of Land and Natural Resources.

OPINION OF THE COURT BY

POLLACK, J.

For a nominal fee per year, the Department of Land and Natural Resources (DLNR) authorizes the collection of fish or other aquatic life for aquarium purposes (aquarium collection) by issuing permits pursuant to Hawaii Revised Statutes (HRS) § 188-31 (2011) and its administrative rules. Subject to certain terms and conditions contained in the permit and restrictions provided by statutes and administrative rules, each commercial aquarium collection permit authorizes the extraction of an unlimited number of fish or other aquatic life annually from the State’s…