Waianae Coast: Tourism altering Wai'anae way of life

Posted on: Sunday, February 20, 2005

Tourism altering Wai'anae way of life

By Lynda Arakawa
Advertiser Staff Writer

Ocean activities have long been a popular draw for Hawai'i tourists hungry for experiences they can't get in their hometown.

Carl Jellings says sharing Wai'anae Coast waters with tour-boat operators has put fishermen such as himself at the tour operators' mercy. He has been fishing for 30 years and his father fished for 20 years before that. He says some tour-boat operators have been violating a "gentlemen's agreement" not to disrupt schools of akule.

Eugene Tanner • The Honolulu Advertiser

But as such activities increase, so have some residents' concerns about the impact on natural resources and local lifestyles. The Wai'anae Coast is perhaps one of the most prominent areas where the proliferation of commercial activities — primarily dolphin-watching tours — has drawn community concerns.

The concerns include tour operators scaring akule schools away from fishermen and coming too close to surf breaks at Makaha Beach.

"We're at the mercy of these people," said full-time akule fisherman Carl Jellings. "We shouldn't be at the mercy of these people. I've been out there for 30 years. My father was fishing 20 years before me.

"Now we have to spend more money on fuel and more time at sea and go farther down the coastline to catch fish. Nobody knows what's going to happen in 10 years because the fish are being displaced somewhere else."

Tour operators say they are sensitive to the community's concerns and that they too want to preserve ocean resources.

The growth in Hawai'i's tourism industry has already prompted questions about just how many visitors the state can accommodate. In the case of Wai'anae — which has seen more visitors with the expansion of Ko Olina resort — concerns have focused on dolphin-watching tours and a Makua kayaking tour.

"With the advent of Ko Olina and the influx of the visitor industry onto that coastline, we're seeing pressures like a lot of other areas that the state has already seen," said Cynthia Rezentes, Wai'anae Coast Neighborhood Board chairwoman. "It's the type of a conflict that if we don't get a grip on it and try to figure out where our balance is, we're going to lose both industries.

"I know everybody thinks tourism is the end all be all, but there's only so many resources to go around before you start degrading those resources and then where does your tourism industry go? We're not out to cut anybody off. We're out to make sure that the new pressures do not cause our old way of life to disappear nor our resources, which is what everybody comes to look at anyway."

The "Northern Express," a tour boat operated by Dolfun Cruises, sails into Wai'anae Boat Harbor with a group of tourists. With development of Ko Olina, such boats have become more prevalent along the Wai'anae Coast, and many fishermen have complained that the boats leave them with fewer areas to fish.

Advertiser library photo • Jan. 23, 2002

Community members are seeking help from state lawmakers, who — at least at this stage in the session — appear supportive. Measures aimed at limiting the number of commercial activities allowed on the Wai'anae Coast are advancing in the Legislature. A Senate committee has approved a bill calling for a study to determine the type and level of activities appropriate for the Wai'anae Coast.

Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), said it's too early to tell whether the bills will be successful but that she has noticed more support from lawmakers this year.

The state Department of Land and Natural Resources has opposed the bill requiring the study, saying that while the agency supports the measure's intent, a study would be costly and take too long. DLNR is already working to develop a program to mitigate or eliminate ocean recreation user-conflicts as part of its overall coastal policy, said director Peter Young. Young said the Wai'anae Coast and Kealakekua Bay on the Big Island are among the areas the program is focusing on, and that the program also would deal with conflicts statewide relating to surf schools, kayaking, snorkeling and other operations.

Young said one of the program's goals is to determine carrying capacities of activities in various geographic areas. The program has involved meetings with county officials, community members, commercial operators, recreational users and others, he said.

DLNR will look at commercial and recreational ocean use, Young said.

"Many times people automatically will point the finger at a commercial operator, but we want to take a broader view and look at all users," he said.

Dolphin-watching boat tours have become a popular tourist activity on the Wai'anae Coast in the past several years, growing from one tour operator in the mid-1990s to nine today from both the Wai'anae Boat Harbor and Ko Olina Marina, according to Wai'anae harbor agent William Aila. He said fishermen have also complained about kayaking operations off Makua Beach. Aila said there are about seven akule fishing groups and eight 'opelu fishing groups on Wai'anae, each with their own crew. 'Opelu fishermen also complain of the impact from tour boats, said Aila.

Fishermen such as Jellings complain that they have been left with smaller areas to fish because some tour operators have been violating a "gentlemen's agreement" created several years ago and have scattered akule schools. According to the agreement, tour operators are to stay away from shallow areas, where akule gather during the day.

"I've been trying to work this agreement for the last three-plus years and for the most part it's worked, but there are too many times when it doesn't," Aila said. He said that a majority of the violations have been unintentional, and attributed them to boat captains not being educated on the gentlemen's agreement or taking shortcuts to get tourists back to land on time.

"We have two issues here — the user-conflict issue and then the overlying issue of too many commercial permittees doing this kind of activity," said Aila, who said he was speaking as a Wai'anae resident and not as a DLNR employee. "And that's why you need either a moratorium, an EIS (environmental impact study), to determine what the parameters should be. Is that unreasonable for a community to ask for?

"I'm frustrated by DLNR's inability to understand the community's concerns and the conscious effort not to address it," Aila said.

Voice your opinion

House Bill 416 would impose a moratorium on new commercial small-boat harbor permits until an ocean recreation management area is designated and user rules are adopted for the Wai'anae Coast. It is referred to the House Finance Committee. The committee chairman is Rep. Dwight Takamine, D-1st (N. Hilo, Hamakua, N. Kohala), 586-6200, reptakamine@Capitol.hawaii.gov.

Senate Bill 1262 would appropriate money to conduct a baseline study of environmental impacts for the Wai'anae Coast. It is referred to the Ways and Means Committee. The committee chairman is Sen. Brian Taniguchi, D-10th (Manoa, McCully), 586-6460, sentaniguchi@Capitol.hawaii.gov.

Senate Bill 1301 would require the state Department of Land and Natural Resources to consider user conflicts, address environmental concerns, and balance commercial activities along the Wai'anae Coast in issuing permits for commercial ocean activities on the coast. It is referred to the Water, Land and Agriculture Committee. The committee chairman is Sen. Russell Kokubun, D-2nd (S. Hilo, Puna, Ka'u), 586-6760, senkokubun@Capitol.hawaii.gov.

DLNR director Young said: "I'm hoping people will see that in the last couple of years DLNR is taking a more active role and by moving this policy forward and the subsequent discussions involving the community, the community will see that DLNR does care and is working on it. We are listening."

Jellings said he has noticed changes in akule behavior during the past several years.

"Every month of the year I can tell you where the fish should come in," he said. "If it doesn't come in the area that month, I'm going to shrug it off. But if it doesn't come in that area for four years in a row, something is wrong."

Greg Howeth, vice-president of the Maui-based Ocean Tourism Coalition, said the ocean tourism industry is largely based on observing, rather than consuming, resources. He said the coalition, made up of about 300 ocean tourism-related small businesses statewide, is sensitive to the fishermen's concerns and is working on addressing conflicts by educating commercial operators.

But Howeth also said any impacts are from a minority of tour operators and that other non-commercial, recreational boaters also are affecting the area. He said commercial activities usually are perceived negatively when there's a conflict but noted that many local people don't own boats and rely on commercial activities to enjoy the ocean.

"It's easy to jump to the conclusion that it's the commercial people that are the bad guys or the source of the problem when I don't necessarily believe that that's always the case," he said. "Certainly in the case of specifically the Wai'anae Coast and other areas around the state, it's in the commercial operators' best interest to work towards protection of the resource and to ensure its longevity because that's what their businesses are built around."

Shane Griffin, president of Ocean Joy Cruises, which offers snorkeling, whale-watching and dolphin-watching tours on the Wai'anae Coast, said he takes concerns from fishermen and the community seriously and makes sure his captain follows the gentlemen's agreement.

"I'm trying to go along with the wishes of the people who were here first," he said. "I feel bad if we have encroached and I know there have been a couple of complaints ... and both times we have taken it seriously and made corrections. We're very much interested in preserving what's out there."

Richard Holland, executive director for Makua Lani, which runs kayaking tours from Makua Beach, said his group follows a route mapped out by DLNR that was based on an impact survey. DLNR granted Makua Lani an interim permit last year.

Holland said Makua Lani, which caters to Japanese tourists, runs approximately one-hour kayaking tours five times a week that are ecologically and culturally sensitive and that the tours are guided by local men from West O'ahu.

"In my view, there's enough resources for us to share, and we show up at all the meetings and we ask the fishermen and whoever else is out there that we are willing to cooperate," he said.

Jellings emphasized that fishermen are not against tourism and that the gentlemen's agreement was a way to allow both to coexist. But he has become frustrated.

"It's getting worse and we're trying to stop it in its tracks before the only thing you're going to be able to do out there is tourism," he said. "A lot of us don't want to do that. We love what we do. We love to fish."

Rezentes, of the Wai'anae Coast Neighborhood Board, agreed.

"The Wai'anae Coast has been extremely accommodating," she said. "It has just gotten to the point where we don't believe that in this particular case that we can take any more without just severe impacts on our quality of life. So it was time to speak up. It kind of reached a head."

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 535-2470.

Posted on: Tuesday, July 18, 2006

New rules for gillnets irk fishers

By Mike Gordon and Jan TenBruggencate
Advertiser Staff Writers

GILLNET HEARINGS

Today at 6 p.m. at Hilo High School; Lihikai Elementary School, Kahului, Maui; Benjamin Parker Elementary School, Kane'ohe; Kalani High School, Honolulu; Leihoku Elementary School, Wai'anae.

Tomorrow at 6 p.m. at Kulana 'Oiwi, Kaunakakai, Moloka'i.

Thursday at 6 p.m. at Big Game Fishing Club on Kealakehe Parkway, Kailua, Kona, Hawai'i; Wilcox Elementary School, Lihu'e, Kaua'i; and Lana'i Public & School Library, Lana'i City, Lana'i.
People unable to attend may mail testimony on the proposal by Aug. 8 to DLNR, Division of Aquatic Resources, 1151 Punchbowl St., Room 330, Honolulu, HI 96813. Or send e-mail (with subject "Laynet rules") to dlnr@hawaii.gov.

Floats keep one side of a gillnet on the surface while weights hold the other side on the bottom, creating a fencelike structure.

BRUCE ASATO | The Honolulu Advertiser

PROPOSED RULE AMENDMENTS TO LAY GILLNETS

The rules propose that nets not exceed 125 feet in length and 7 feet in width when stretched. The minimum mesh size would be 2.75 inches in most of the state and 3 inches in Kailua Bay on the Big Island.

In areas where netting is allowed, the net owner could set only one net at a time and must be present at least every 30 minutes while nets are in the water. Turtles, seals or other unintended catch would have to be released immediately.

There would be a four-hour limit on leaving nets in the water, and the nets could not be placed within 250 feet of another net. Lay nets would never be permitted in freshwater streams, stream mouths or at night.

A state proposal to restrict the use of lay gillnets has angered some members of the Hawai'i fishing community who say it's unnecessary.

But others argue that the proposed restrictions being considered by the state Department of Land and Natural Resources — which include a ban on their use throughout Maui and specific areas of O'ahu and the Big Island — are needed to prevent irresponsible use of lay gillnets, which can snare fish indiscriminately.

Land-use officials say the restrictions are needed to protect near-shore fish populations, and it will be seeking public input on its proposal at hearings starting today.

"Over the years, we've recognized there has been a depletion of near-shore fish and that we need to take appropriate measures to stop that decline and work to improve our near-shore ecosystems and fisheries," said Peter Young, land board chairman.

The gillnets, also known as lay nets, set nets or moemoe nets, have floats at the top and weights at the bottom. Sometimes they're stretched from shore and other times in open water, like a chainlink fence made of monofilament nylon.

Fish try to swim through the eyes of the net and get tangled, usually by their gills.

"It is a fishing technique that is indiscriminate," Young said. "You set a net out there. It is not a technique. It can catch nearly anything swimming by."

There is concern that some fishermen leave the nets in place for extended periods — mostly at night — which leaves the nets free to snag and kill turtles and other species. Critics also complain that gillnets are too effective and are responsible for reducing overall fish populations.

They are sometimes called "the curtain of death," Young said.

When Fiji banned the nets a few years ago, near-shore fish populations increased, he said.

OTHER PROBLEMS

Young said that lay gillnets are part of a slew of problems — pollution, development, invasive species — that have contributed to declining populations. The proposed restrictions reflect what some communities want: Maui residents expressed an overwhelming desire for a ban, while Moloka'i residents expressed a similar desire to be left alone, he said.

"This is not anti-fishing. We're looking at the bigger, broader picture, and this is one tool that can help protect the ecosystem."

Carl Jellings is a 49-year-old commercial fisherman from Nanakuli who uses several methods to catch different kinds of fish and considers the lay net option his least favorite. He favors responsible use over a ban, but notes there are definitely lay net fishermen giving everyone a bad name.

"It's like giving a child a gun," Jellings said. "If you don't know how to use it, you will hurt someone."

A four-hour limit exists for nets like this, but Jellings said his nets are never in the water more than an hour. Leaving them any longer would be an invitation to sharks that would eat his catch and damage the nets, he said.

Jellings has copies of the proposed restrictions in his truck and has been giving them to fishermen along the Leeward Coast. He feels the practice is on the decline, but does know moemoe netters — fishermen who set their nets at night.

"They are all angry," he said. "The people making these rules don't know how this will affect the people who do this, especially the nighttime moemoe guys and the subsistence guys."

Neil Kanemoto, a fisherman who said he has listened often to the concerns of lay gillnet fishermen, said land-use officials are not respecting tradition.

"Lay nets are a part of the lifestyle in Hawai'i," Kanemoto said. "There can be a sustainable net fishery if the DLNR practices management. They don't need to close it all."

The DLNR noted in previous hearings that there is strong support for an outright ban, but also support for some flexibility in regulations. Some of its proposed changes were drawn from a state task force formed in 1998 to improve management of gillnets.

RESTRICTION LIMITS

The proposed restrictions would apply to commercial, recreational and subsistence fishing, but only to those gillnets generally known as lay nets or moemoe nets. It would not apply to other kinds of nets, including thrownets, fence or bag nets, aquarium or lobster nets, or akule or 'opelu nets.

In areas where they can be used, nets would have to be registered with the DLNR, with identification tags at both ends of the float line and the weight line, and buoys at either end that contain information on registration. Unregistered nets can be seized by state conservation agents.

Registration would help the state hold people who abandon their nets accountable for the damage they inflict, said fisherman William Aila Jr., who served on the task force.

If a net gets stuck on a reef, a fisherman will often just leave it, Aila said. But the net will continue to "ghost fish" for several days.

"It happens quite a bit with inexperienced net fisherman," he said. "This would allow enforcement. This would allow those irresponsible recreational fishermen to be held accountable. You would have to have it labeled. They could trace it back to you."

The rules propose that nets not exceed 125 feet in length and 7 feet in width when stretched. The minimum mesh size would be 2.75 inches in most of the state and 3 inches in Kailua Bay on the Big Island.

In areas where netting is allowed, the net owner could set only one net at a time and must be present at least every 30 minutes while nets are in the water. Turtles, seals or other unintended catch would have to be released immediately. There would be a four-hour limit on leaving nets in the water, and the nets could not be placed within 250 feet of another net. Lay nets would never be permitted in freshwater streams, stream mouths or at night.

The ban would apply to those areas of the Big Island where gillnets already are prohibited. All of Maui would be subject to the ban.

On O'ahu, the ban would apply to the area from Portlock Point to the west side of the Pearl Harbor channel, Kailua Bay from Mokapu Point to Wailea Point at the northern end of Bellows Air Force Station, and Kane'ohe Bay seaward of the main ship and sampan channels and Ahu o Laka.

LENGTH DISPUTED

Kailua fisherman Scott Moncrief currently sets his lay gillnets in waters where the practice would be banned but is more concerned about the net length restrictions. He said 125 feet of net, when it's actually deployed along the bottom, is really only 75 to 80 feet of fish-catching net.

Most people get around this by setting seven to 10 nets, something that would be forbidden under the proposed restrictions.

"It is gear on the bottom," Moncrief said. "Fish have to run into it. You generally lay it in a line and fish encounter it and get stuck. You need more than 75 to 80 feet because fish go around it."

Moncrief sells his catch, but it's more to supplement his income as an environmental consultant than a full-time job. He's been doing it for 20 years, carefully watching the weather conditions, which have to be just-so to be successful — light winds and surf and certain moon phases.

Closing areas is an extreme solution, he said, but agreed that there needs to be some form of regulation.

"To shut down and ban gillnetting won't affect the fish population," Moncrief said. "There simply aren't enough people doing it. There are very few people fishing with nets. It is too hard. People don't want to fish that way."

Reach Mike Gordon at mgordon@honoluluadvertiser.com and Jan TenBruggencate at jant@honoluluadvertiser.com.

• • •

Replies

Kaohi November 30, 2010 at 5:35pm

Akule Joe Bryant, died on Friday Nov 26, may he rest in peace. Our Maoliworld family give his family much aloha in their time of need. He will always be remembered at the man that stood on the mountain top in Waianae and doing what our ancestors did for thousands of years--pay attention to nature. The nature that nurtured our people for many decades.

May his family always know that their father, husband, brother, uncle and more gave to Waianae the opportunity to stand firm on our shores with dignity in Waianae. His Maka danced with schools of akule that web'ed and balled and web'ed in our off shores on the Waianae Coast for this he will always be remembered. This kilo belongs to Akule Joe with love and aloha, Mahalo, mahalo, mahalo
Kaohi November 29, 2010 at 5:21pm

Amelia reposting this for you to read, can you read the bottom and take note of the date posted and tonights posting.

I hope one can read between the lines. It's all connecting--I'm very surprised, but happy with Wm's appointment.

Even saying this the DLNR has a past that's been so hurtful. So it's going to take time to unravel the pain.

Wm and I disagree on different things and I think I'm right and his wrong. But, will see what happen's, I don't think my opinion about ocean hoppers will make a difference.

But, I did ask Wm on Saturday if he can understand Tad Davis and the notion of "Hoppers'. I hope he understands the Pentagon and where they are going with Hoppers.

Anyhow thanks a lot for being there. I just spoke to Pono on the phone.
Kaohi November 28, 2010 at 8:55am

TRANSCRIPT OF
SPINNER DOLPHIN/HUMAN INTERACTION EIS
PUBLIC
SCOPING MEETING
Held in Honolulu, Hawaii
McCoy Pavilion
1201 Ala Moana Boulevard
On
Tuesday, October 17, 2006
MR. AILA: Sorry for the loud noise.
Not only shall I give my name, William
Aila, Junior, but also I have to give a disclaimer.
I'm a State employee. I work with the Department of
Land and Natural Resources. However, the comments
that I give tonight are those of my own,
particularly because I want to criticize my bosses.
They've done very little to limit the
amount of impact on the dolphins, as well as some
other resources offshore.
I've gone on record for the last probably
six or seven years asking the Department of Land and
Natural Resources to -- just as Carl said -- create
a moratorium. Take a time out until we can see what
the impacts are.
Unfortunately, they blame it on you guys.
They blame it on the feds and say, we can't do it
because of the Marine Mammal Protection Act.
I said, bullshit, they could have done it.
This is who I am. This is -- I come from
Waianae. This is how we talk, especially when we're
serious.
Bullshit, they could have done something.
They still can do something.
In fact, they could have -- and I would
make this a recommendation, that you make a
recommendation to the state to pass the legislation
to be able to issue permits for vessels coming out
of private facilities. Not only do we have Koolina
to worry about, but with a 14,000 slip marina at
Haseko that's going to open within a year, and
everybody that lives in Waianae that's in the ocean
in Waianae knows that these boats aren't going to go
to Waikiki. We know they're going to come down to
Waianae.
Why are they going to come down to
Waianae? Because of the snorkeling. Because of the
dolphins. Because of the whales. So they're coming
our way.
So if you could make a strong
recommendation -- I know in order for you folks to
do it, you would have to first pass a regulation
that says that you have a need for federal permits,
and in fact that should be something that's
considered within this discussion, whether or not
there's a need for federal permits, and conditions
in those permits.
With regards to the partial time/area
closures, I have some concerns as a fisherman, how
it's going to impact some of the nearshore
fishermen. For example, if it's a closed area to
dolphin viewing, but the akule is still in the area,
it's hard to be able to go and make a living with no
schools.
During the period of high surf, the
dolphins aren't going to be in there because they're
looking for clean water. Let the tow-in surfers go
in there.
Trolling. Because many times these
spinner dolphins will mix with the kikos (phonetic),
the spotted dolphins, especially early in the
morning. That's the favorite time for trollers to
go through these schools and get hooked up to large
ahi. So how is that going to impact the trollers?
Same thing for the guys in Kona, the drop
stone guys. They want to get in front of the
porpoise schools so they can drop their opelu down
because what's traveling with the opelu -- I mean,
excuse me, with the dolphins, with the ahi
underneath.
Because they're working together. You
talk about collaborative partnership in feeding, not
only do dolphins interact among themselves, but they
do it in conjunction with other species, mainly
yellowfin tuna. So what are the impacts on those
fishing styles?
What are the impacts going to be on the
vessels transiting to view dolphins when they're
transitioning between these sleep areas and their
feeding areas?
So I have some questions on that, we have
to take a look at that.
Finally, anybody that's in here that's in
favor of swimming with dolphins, I've got to remind
you it's dangerous to swim with dolphins. Because
what feeds on dolphins? Sharks.
The dolphins run away. Guess what?
You're left in the water. Okay.
So tell all of your friends and family
when you make a choice to enter into the water, you
just signed a contract to become part of the food
chain. Don't swim with dolphins. Thank you.
Kaohi November 28, 2010 at 8:29am

Posted on: Tuesday, July 18, 2006

New rules for gillnets irk fishers

By Mike Gordon and Jan TenBruggencate
Advertiser Staff Writers

GILLNET HEARINGS

Today at 6 p.m. at Hilo High School; Lihikai Elementary School, Kahului, Maui; Benjamin Parker Elementary School, Kane'ohe; Kalani High School, Honolulu; Leihoku Elementary School, Wai'anae.

Tomorrow at 6 p.m. at Kulana 'Oiwi, Kaunakakai, Moloka'i.

Thursday at 6 p.m. at Big Game Fishing Club on Kealakehe Parkway, Kailua, Kona, Hawai'i; Wilcox Elementary School, Lihu'e, Kaua'i; and Lana'i Public & School Library, Lana'i City, Lana'i.
People unable to attend may mail testimony on the proposal by Aug. 8 to DLNR, Division of Aquatic Resources, 1151 Punchbowl St., Room 330, Honolulu, HI 96813. Or send e-mail (with subject "Laynet rules") to dlnr@hawaii.gov.

Floats keep one side of a gillnet on the surface while weights hold the other side on the bottom, creating a fencelike structure.

BRUCE ASATO | The Honolulu Advertiser

PROPOSED RULE AMENDMENTS TO LAY GILLNETS

The rules propose that nets not exceed 125 feet in length and 7 feet in width when stretched. The minimum mesh size would be 2.75 inches in most of the state and 3 inches in Kailua Bay on the Big Island.

In areas where netting is allowed, the net owner could set only one net at a time and must be present at least every 30 minutes while nets are in the water. Turtles, seals or other unintended catch would have to be released immediately.

There would be a four-hour limit on leaving nets in the water, and the nets could not be placed within 250 feet of another net. Lay nets would never be permitted in freshwater streams, stream mouths or at night.

A state proposal to restrict the use of lay gillnets has angered some members of the Hawai'i fishing community who say it's unnecessary.

But others argue that the proposed restrictions being considered by the state Department of Land and Natural Resources — which include a ban on their use throughout Maui and specific areas of O'ahu and the Big Island — are needed to prevent irresponsible use of lay gillnets, which can snare fish indiscriminately.

Land-use officials say the restrictions are needed to protect near-shore fish populations, and it will be seeking public input on its proposal at hearings starting today.

"Over the years, we've recognized there has been a depletion of near-shore fish and that we need to take appropriate measures to stop that decline and work to improve our near-shore ecosystems and fisheries," said Peter Young, land board chairman.

The gillnets, also known as lay nets, set nets or moemoe nets, have floats at the top and weights at the bottom. Sometimes they're stretched from shore and other times in open water, like a chainlink fence made of monofilament nylon.

Fish try to swim through the eyes of the net and get tangled, usually by their gills.

"It is a fishing technique that is indiscriminate," Young said. "You set a net out there. It is not a technique. It can catch nearly anything swimming by."

There is concern that some fishermen leave the nets in place for extended periods — mostly at night — which leaves the nets free to snag and kill turtles and other species. Critics also complain that gillnets are too effective and are responsible for reducing overall fish populations.

They are sometimes called "the curtain of death," Young said.

When Fiji banned the nets a few years ago, near-shore fish populations increased, he said.

OTHER PROBLEMS

Young said that lay gillnets are part of a slew of problems — pollution, development, invasive species — that have contributed to declining populations. The proposed restrictions reflect what some communities want: Maui residents expressed an overwhelming desire for a ban, while Moloka'i residents expressed a similar desire to be left alone, he said.

"This is not anti-fishing. We're looking at the bigger, broader picture, and this is one tool that can help protect the ecosystem."

Carl Jellings is a 49-year-old commercial fisherman from Nanakuli who uses several methods to catch different kinds of fish and considers the lay net option his least favorite. He favors responsible use over a ban, but notes there are definitely lay net fishermen giving everyone a bad name.

"It's like giving a child a gun," Jellings said. "If you don't know how to use it, you will hurt someone."

A four-hour limit exists for nets like this, but Jellings said his nets are never in the water more than an hour. Leaving them any longer would be an invitation to sharks that would eat his catch and damage the nets, he said.

Jellings has copies of the proposed restrictions in his truck and has been giving them to fishermen along the Leeward Coast. He feels the practice is on the decline, but does know moemoe netters — fishermen who set their nets at night.

"They are all angry," he said. "The people making these rules don't know how this will affect the people who do this, especially the nighttime moemoe guys and the subsistence guys."

Neil Kanemoto, a fisherman who said he has listened often to the concerns of lay gillnet fishermen, said land-use officials are not respecting tradition.

"Lay nets are a part of the lifestyle in Hawai'i," Kanemoto said. "There can be a sustainable net fishery if the DLNR practices management. They don't need to close it all."

The DLNR noted in previous hearings that there is strong support for an outright ban, but also support for some flexibility in regulations. Some of its proposed changes were drawn from a state task force formed in 1998 to improve management of gillnets.

RESTRICTION LIMITS

The proposed restrictions would apply to commercial, recreational and subsistence fishing, but only to those gillnets generally known as lay nets or moemoe nets. It would not apply to other kinds of nets, including thrownets, fence or bag nets, aquarium or lobster nets, or akule or 'opelu nets.

In areas where they can be used, nets would have to be registered with the DLNR, with identification tags at both ends of the float line and the weight line, and buoys at either end that contain information on registration. Unregistered nets can be seized by state conservation agents.

Registration would help the state hold people who abandon their nets accountable for the damage they inflict, said fisherman William Aila Jr., who served on the task force.

If a net gets stuck on a reef, a fisherman will often just leave it, Aila said. But the net will continue to "ghost fish" for several days.

"It happens quite a bit with inexperienced net fisherman," he said. "This would allow enforcement. This would allow those irresponsible recreational fishermen to be held accountable. You would have to have it labeled. They could trace it back to you."

The rules propose that nets not exceed 125 feet in length and 7 feet in width when stretched. The minimum mesh size would be 2.75 inches in most of the state and 3 inches in Kailua Bay on the Big Island.

In areas where netting is allowed, the net owner could set only one net at a time and must be present at least every 30 minutes while nets are in the water. Turtles, seals or other unintended catch would have to be released immediately. There would be a four-hour limit on leaving nets in the water, and the nets could not be placed within 250 feet of another net. Lay nets would never be permitted in freshwater streams, stream mouths or at night.

The ban would apply to those areas of the Big Island where gillnets already are prohibited. All of Maui would be subject to the ban.

On O'ahu, the ban would apply to the area from Portlock Point to the west side of the Pearl Harbor channel, Kailua Bay from Mokapu Point to Wailea Point at the northern end of Bellows Air Force Station, and Kane'ohe Bay seaward of the main ship and sampan channels and Ahu o Laka.

LENGTH DISPUTED

Kailua fisherman Scott Moncrief currently sets his lay gillnets in waters where the practice would be banned but is more concerned about the net length restrictions. He said 125 feet of net, when it's actually deployed along the bottom, is really only 75 to 80 feet of fish-catching net.

Most people get around this by setting seven to 10 nets, something that would be forbidden under the proposed restrictions.

"It is gear on the bottom," Moncrief said. "Fish have to run into it. You generally lay it in a line and fish encounter it and get stuck. You need more than 75 to 80 feet because fish go around it."

Moncrief sells his catch, but it's more to supplement his income as an environmental consultant than a full-time job. He's been doing it for 20 years, carefully watching the weather conditions, which have to be just-so to be successful — light winds and surf and certain moon phases.

Closing areas is an extreme solution, he said, but agreed that there needs to be some form of regulation.

"To shut down and ban gillnetting won't affect the fish population," Moncrief said. "There simply aren't enough people doing it. There are very few people fishing with nets. It is too hard. People don't want to fish that way."

Reach Mike Gordon at mgordon@honoluluadvertiser.com and Jan TenBruggencate at jant@honoluluadvertiser.com.

• • •

This reply was deleted.