When conservation enforcement officers busted a trio of fishers Feb. 20 for allegedly violating the state’s ban on aquarium fishing, they recovered an illegal catch from West Hawaii waters estimated to be worth more than $37,000.

But when one of those fishermen was brought before a judge this week, his fine was a mere $260.

“This is outrageous,” said Inga Gibson of Pono Advocacy, which provides consulting services focusing on animal and environmental protection issues. “This is an affront to a public trust resource and a slap in the face to community members.”

Even the state Department of Land and Natural Resources expressed disappointment following Tuesday’s ruling.

“The $200 court sentence doesn’t adequately match the seriousness of the crime or discourage illegal activity in the future,” a DLNR statement said. “Our natural resources hold incredible ecological, cultural and economic value. The maximum fine amount, as reflected in today’s court decision, does not reflect the value of the natural resources that can be lost when these laws are violated.”

The statement went on to say the agency would be looking at additional penalties through a civil enforcement action.

Wayne T. Newman pleaded no contest Tuesday in South Kohala Environmental Court to possessing aquatic life for aquarium purposes without a valid West Hawaii aquarium permit. Judge Mahilani Hiatt ordered Newman to pay a $100 fine for each offense, plus a $30 fee per offense, for a total of $260.

Newman was nabbed with two others Feb. 20 aboard a vessel returning to the Kawaihae Small Boat Harbor. Responding to an anonymous tip, officers with the state Division of Conservation and Resources Enforcement found illegal aquarium fishing gear and a hold filled with 550 live fish.

The vessel’s captain, Tyron Terazono, was criminally charged, but a third person was not. An arraignment and plea hearing for Terazono has been continued to June 30.

Following Tuesday’s court hearing, conservationists put the blame on Hawaii island Prosecutor Mitch Roth for allowing a sentence they said fell far short considering the extent of the crime. They noted the defendant could have faced a variety of petty misdemeanor charges with penalties as high as $1,000 per count and up to 30 days in jail.

Mike Nakachi of Kona-based Moana ‘Ohana said the outcome was “far from just, far from effective prosecution, and flew in the face of the Native Hawaiian community, (whose members), with help from others, have provided dozens of tips and observations of illegal aquarium collection and related activities.”

Roth, who didn’t handle the case for his office, said he was surprised and unhappy when he heard about the paltry fine. The statute includes a maximum penalty guideline of $100 per charge for first offenders, he said, but upon closer examination it also allows fines up to $1,000 per charge.

“I would have liked (the deputy prosecutor) to have asked for more,” Roth said.

Roth said the state Legislature needs to modify the law to allow for even greater penalties and adjust forfeiture statutes to allow for the option of seizing boats used in the crimes.

On May 22 the state Board of Land and Natural Resources was scheduled to consider a proposal to levy a total of $110,000 in administrative fines against the three who were aboard the vessel. But a request to appeal the fines through the contested case hearing process resulted in the proposal being tabled.

At that same meeting, the board voted against a group of 10 fishers seeking permits to collect aquarium fish in West Hawaii. The group’s final environmental impact statement did not adequately address the environmental impacts that could result from issuing the permits, the board decided unanimously.

The West Hawaii fishers and the Pet Industry Joint Advisory Council were asking for 10 permits allowing fishing in Hawaii island’s West Hawaii Regional Fishery Management Area, a section of ocean where an estimated 45% of the aquarium fish in Hawaii are caught.

In 2017, the Hawaii Supreme Court ruled that permits allowing fishers to use fine mesh nets were illegal, prompting the DLNR to stop issuing aquarium fishing permits altogether. As of Jan. 5, 2018, a ban went into effect on commercial aquarium collection within the West Hawaii Regional Fishery Management Area, including transit with aquarium collection gear or possession of live marine life.

At the May 22 meeting, BLNR Chairwoman Suzanne Case said voting against the final EIS was a tough decision.

“But the unanimous vote clearly reflects the Board’s view that the aquarium fishers’ proposal, without meaningful limits on future catch, without enough attention to our highly depleted stocks like paku‘iku‘i (Achilles tang) and other low-number species, and without adequate analysis of the near- future effects of climate change, ocean warming and coral bleaching on our reefs, did not adequately disclose the potential environmental impacts of the proposed ten permits,” Case said in a news release.

In December 2018, the DLNR and conservation groups joined forces to establish a tip line to make it easier to report illegal aquarium collecting. Those who call or text tips to 808-NO-POACH can get up to a $5,000 reward for a successful prosecution.