Lay gill net rules proving problematic on Maui

By MELISSA TANJI
The Maui News

They restrict lay gill net fishing around Maui and apply new rules to fishermen on Molokai and Lanai.

"What we are finding to be problematic is that many within the public currently believe the (lay net) gear is restricted, period," said Randy Awo, Maui branch chief of enforcement for the state Department of Land and Natural Resources.

But lay nets can still be possessed by fisherman who are doing surround net fishing, Awo said.

It's the lay net practice that is prohibited, he added.

"That's presenting some challenges for us," he said.

It's not enough for an enforcement official to see a fisherman coming out from the water with a lay net to cite that fisherman. Enforcement officials must see the net configuration in the water, he said.

"So that's been a problem for us," Awo said.

The rules took effect in March and prohibit the lay net practice around Maui and certain shores of Oahu.

But the practice is still lawful around Molokai, Lanai, Kauai and Niihau, although new rules apply. These include net registration, size limits and soak times. Existing rules in West Hawaii, which offered a model for the statewide regulations, include open and banned areas for lay gill nets as well as fishing protocols when using lay gill nets, according to a DLNR press release.

Proponents of the rules say they are intended to address the decline of fish populations and reduce the amount of indiscriminate catches. Unattended lay gill nets have also led to the deaths of Hawaii's monk seals, an endangered species.

Not all fisherman are happy with the new rules. Some say taking away lay gill net fishing is taking away their customary Hawaiian gathering rights, and that the rules also take away fishing traditions that have been passed down through generations.

So far Maui officials have cited only one person for illegal net fishing, on April 14 in Nuu in southeast Maui.

Awo said Hymie Helekahi, 58, of Wailuku was cited for lay net prohibitions, failure to register the net and prohibited use of a gill net.

The three charges are petty misdemeanors, and the case is pending in court, Awo said.

Enforcement officers observed the net in a lay net configuration. Although there were two others involved, Helekahi took responsibility for the violations, Awo said.

He added that Helekahi had previously been told about the rules when he went to meet with state aquatics officials to discuss the regulations.

Violations of the rule carry civil and or criminal penalties. A civil fine of up to $1,000 for a first offense may be levied with heavier fines coming with subsequent violations. The criminal penalty is a petty misdemeanor that is subject to a fine of $250 for a first offense and higher fines thereafter.

Since the law is new, there might be some confusion and usually first-time violators receive a warning, Awo said. So far there have been six or seven warnings issued.

Awo said he has not learned of any violations on Molokai or Lanai.

When a warning is issued, the person must provide identification, and the action is documented into a database. Citations are also kept on record, Awo said.

"My advice to people, if they are uncertain what the current rules require, they should call our Division of Aquatics office," he said. "We are trying our best to provide education."

The number is 243-5294.

Rules can also be found on the DLNR Web site at www.hawaii.gov/dlnr/dar.

Russell Sparks, a DLNR aquatics biologist and education specialist, said the Division of Aquatics Resources will soon begin a monitoring program to assess the effectiveness of the lay net ban and will use a Yamaha WaveRunner personal water craft to survey the shallow nearshore waters around Maui.

Those sites include: north Kihei, Makena, Olowalu, north Kaanapali, Honokowai, Kahana, Waihee, Waiehu, Kahului and Paia.

These areas are off-limits to the personal water craft as they are in Ocean Resource Management areas, but the craft will be identified as "DLNR Research."

Sparks said he hopes the ban can reduce the indiscriminate fishing associated with lay gill net practices where all types of fishes, from juveniles to nonedible fish are caught.

Herbivores or grazing fish such as manini, kala and uhu, which assist in the control of algae on the reefs, are often scooped up by the lay gill nets, Sparks added.

"We'll hopefully see more of those fish and less problems with the seaweeds and healthy reefs," Sparks said.

For more Maui news, visit The Maui News.