This is not a cut and dry issue. There is genuine logic behind banning the practice, or at least requiring a more thorough environmental review. Evidence from the lawsuit:
Studies “reveal that aquarium collection is removing and having detrimental effects on species that play important ecological roles in reef ecosystems.” Because the most heavily fished species are herbivorous algae eaters, Grabowsky stated that their removal from the reef ecosystem decreases the reef’s ability to withstand habitat degradation and could result in an algal-dominated reef. Grabowsky found that “the most greatly affected species are those that have been heavily exploited.” Based on her research and review of relevant scientific literature, Grabowsky concluded that “aquarium collection is having a detrimental effect on fish populations around Oahu and in other areas of the state,” it “disrupts the ecosystems and makes them less able to respond to other stressors,” and “it removes animals that occupy important and unique ecological niches.”
Eyewitness accounts indicate the same. a declaration stating that she had been diving professionally since 1983 and had done at least 10,000 scuba dives around the Main Hawaiian Islands and in various international locations. Petitioner Rene Umberger, a noted diving expert and conservationist, stated that, based on her observations during her dives through the years, fish species that are highly prized by the aquarium trade have abruptly disappeared from a lot of dive sites. There is a marked difference in the condition between those reefs that are open to collection and those that are not. For example, the three dragon eels (which could retail for over a thousand dollars apiece) and several flame angelfish that had been seeing in the Red Hill area of south Maui for years have now disappeared. In addition, during the years that she had spent scuba diving, Umberger stated that she saw corals physically broken apart to expose the crevices in the reef. open to collection have fewer colorful and aesthetically pleasing fish and invertebrates. Umberger also attested that she had “noticed a dramatic reduction in biodiversity on reefs and in the density of species of fish that are collected by the aquarium trade.”