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UMBERGER v. DEPT. OF LAND AND NATURAL RES.

SCWC-13-0002125.

403 P.3d 277 (2017)

Rene UMBERGER, Mike Nakachi, Ka`imi Kaupiko, Willie Kaupiko, Conservation Council for Hawai`i, The Humane Society of the United States, and Center for Biological Diversity, Petitioners/Plaintiffs-Appellants, v. DEPARTMENT OF LAND AND NATURAL RESOURCES, State of Hawai`i, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

September 6, 2017.

Attorney(s) appearing for the Case

Paul H. Achitoff and Summer Kupau-Odo , Honolulu, for petitioners.

William J. Wynhoff , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

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...

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