Manta rays are facing serious threats – among others, they fall victim to illegal poaching and bycatch in commercial fishing.
In 2009, recognizing the urgent need to protect these endangered species, the State of Hawaii enacted “Act 92”, new legislation to establish fines and penalties for those who knowingly capture or kill manta rays within state waters.
This article examines the importance of conserving manta rays and explores the details of the legislation; scroll down to download a PDF copy of the bill.
Main Threats to Manta Rays
Manta rays are particularly vulnerable to human activities due to their slow reproductive rate and specific habitat requirements.
While some issues cannot be combatted directly, such as climate change or the consequences of plastic pollution, others, such as fishing, bycatch, poaching, and manta ray tourism, require local regulations.
Fishing can have devastating consequences on manta ray populations, leading to their decline and potential extinction. To combat this, it is crucial to establish clear regulations and penalties.
Act 92: Overview of the New Legislation
Recognizing the need for stricter measures, and after much pressure from local conservation organizations, the State of Hawaii introduced H.B. 366 (otherwise known as Act 92) in 2009. This bill aims to provide greater protection for manta rays by establishing fines and penalties for individuals who knowingly capture or kill them within state marine waters.
The legislative process involved previous unsuccessful attempts, including an introduction in 2005 and the establishment of a working group in 2006. Despite these earlier efforts, further action was needed to effectively enhance conservation efforts for manta rays.
Fines and Penalties for Offenders
Act 92 (HB 366) outlines strict consequences for anyone guilty of violating the legislation. These penalties aim to deter illegal activities and send a strong message about the importance of protecting manta rays.
For a first offense, individuals face a fine of $500. If caught committing a second offense, the penalty increases to $2,000. The most severe consequences are reserved for third or subsequent offenses, with offenders facing a hefty fine of $10,000.
In addition to monetary fines, violators may also experience additional penalties.
These include
- Seizure and forfeiture of captured manta rays
- Seizure and forfeiture of the commercial marine license, vessel, and fishing equipment
- Additional administrative fees, costs, attorney’s fees, and costs.
Exceptions and Special Permits
While the primary objective of the legislation is to protect manta rays, there are certain exceptions in place to allow for special activities without endangering the species further.
However, any permits issued must not exceed the potential biological removal level. This provision ensures that the activities allowed do not excessively threaten manta ray populations.
To maintain clarity and enforce regulations effectively, the Department of Land and Natural Resources (DLNR) defines what constitutes a “take.” By doing so, they can determine when a take exceeds the potential biological removal level, which serves as a critical threshold in preserving the sustainability of manta ray populations.
A tiny Step Towards Protecting Manta Rays
Implementing fines and penalties for capturing or killing manta rays is a significant step forward in protecting these incredible creatures. It sends a powerful message that Hawaii values its marine ecosystems and seeks to preserve biodiversity for future generations.
Here at Manta Ray Advocates, we are glad that Act 92 was signed by the Governor in 2009, but simultaneously, we had hoped for more protective measures. It was a good starting point, but the fines imposed seem way too low, and it would be tragic to lose even one manta ray for $500. When it comes down to it, a live manta ray is worth much more than that!
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