State Seal

 

DEPARTMENT OF LAND AND NATURAL RESOURCES

 

News Release

     LINDA LINGLE              

           GOVERNOR

_________________________________________________________________________________________________________

                                                                                                                                                                                               

                                                                                                                                              PETER T. YOUNG, CHAIRPERSON

                                                                                                                                              Phone: (808) 587-0401

                                                                                                                                              Fax: (808) 587-0390

                                                                                                                                             

_________________________________________________________________________________________________________

For Immediate Release: January 30, 2006

  

DLNR to Hold Public Hearings on
Lay Net Rule Amendments to Protect Fishery Resources

HONOLULU -- On Friday, January 27, 2006, the Board of Land and Natural Resources (BLNR) voted unanimously to hold public hearings on proposed amendments to existing lay gillnet rules in order to better protect Hawaii’s fishery resources.

The vote was made at the board’s semi-monthly business meeting.

"These lay gillnet restrictions are a major, necessary step forward in making sure we have fish for the future," said Peter Young, DLNR Chairperson. "We have been moving this process progressively and involving communities statewide in discussions of needed change,” he said.

“One of the key features of these rules is that they will be much easier to enforce, and that, in turn, provides greater protection for our resources,” Young said.

"We are planning to hold the hearings once the proposed rules have been approved by the Dept. of the Attorney General, previewed by the Small Business Regulatory Review Board, and approved by Governor Lingle to go to public hearings, and as soon as a statewide schedule can be arranged, and 30 day notice advertised. We invite the public to attend our public hearings and voice their opinions," Young said.

“Lay” nets, also known as “lay gillnets,” or “stationary gillnets” are used in near shore waters. Sometimes referred to as “set” nets or “moemoe” nets, they are commonly made of monofilament nylon which has been manufactured into netting with floats on one length and weights on the other length.

DLNR has been working on improving management of lay gillnets for some time, illustrated by the following chronology.

One catalyst for action was the appearance, in 1997, of a new type of very long gillnet -- sometimes over one mile in length — along the Wai'anae coast of O'ahu. This monofilament net was set on the bottom in depths 200 feet or greater via a hydraulically operated drum on the bow of a boat.

Use of this type of net raised the concerns of long-time Wai'anae commercial fishermen that it was damaging the reef habitat of fish. This prompted the formation of a Gillnet Task Force composed of various fishermen, with support from DLNR-Aquatic Resources staff.

Members of the task force came from Kaua'i, O'ahu, Moloka'i, Maui, and Hawai'i. At first, their concerns were with the deep-set gillnets, but they broadened their discussion to include inshore gillnets (lay gillnets). In 1999, the task force presented a list of recommendations on managing gillnets to the department.

At that point in time it was noted that an outright ban on lay gillnets was not part of the Gillnet Task Force recommendations and was not explicitly discussed as an alternative.

DLNR then authorized a second set of meetings, held in late 2003 and early 2004, and additional public comment was gathered addressing the proposal for a partial or outright ban on lay gillnet fishing. A survey was distributed and many residents also sent statements on the matter.

Results of the survey, taken at the public meetings and via a written survey are posted on-line on the DLNR web site (http://www.hawaii.gov/dlnr/dar/library/laynet_mgmt.htm).

Recently, lay gillnet fishing regulations based on recommendations from the Gillnet Task Force and considerable public input were adopted for West Hawaii on the Big Island. The regulations included open and banned areas for lay gillnets as well as fishing protocols when using lay gillnets.

The proposed statewide lay gillnet rules are modeled after the recently passed West Hawaii regulations.

DLNR’s Proposed Lay Net Gear Restrictions:

For waters where lay nets are to be permitted, additional restrictions are proposed:

Registration and Identification & Registration:
Nets must be registered with the Department
Net owners must report any registered lay net that is lost, stolen, given away or otherwise no longer the property of said owner
Nets must have four identification tags, one at each end of the float and lead lines
Nets must have at least two surface buoys (with registration numbers) placed at either end of the float line
The Department may seize any lay net found in the water that is not registered, does not have identification or is being fished improperly

Net Dimensions:
Maximum net length: 125 feet
Maximum net height: 7 feet (stretched)
Minimum mesh: 2-3/4” (stretched) (3” for Kailua Bay FMA)
Multi-panel nets are prohibited

Fishing Protocols:
Minimum distance between lay nets: 250 feet
Nets may not be used at depths deeper than 25 feet, unless the fisher has a Commercial Marine License, then 80 feet
Nets may not be used for more than 4 hours at any one time
Nets must be inspected after two hours of being set
Nets may not be used for at least 24 hours after any use
Fishers may not leave a lay net unattended for longer than 30 minutes
No lay net fishing permitted in freshwater streams or stream mouths

Proposed Area Restrictions:

Moloka'i, Lana'i, Kaua'i and Ni'ihau will not have banned areas for lay net use, however, the proposed additional restrictions will apply

Proposed waters where lay net use would be banned:

Hawaii - existing banned areas in West Hawai'i
Maui - around the entire island
Oahu - Portlock Point to the Reef Runway
- Kailua Bay (Mokapu Peninsula to northern boundary for Bellows AFB)
- Kaneohe Bay (portions of the Bay surrounded by access channels )

Evaluation for Effectiveness
The proposed ban and additional restrictions on lay net use will be evaluated for its effectiveness in terms of conserving fishery resources

Key events in development of proposed lay gillnet amendments:

1977 - Maximum soak time: 12 hours, previously no limit; minimum mesh size: 2"
1992 - Report on lay net management in response to HCR 401 HD1 recommends mesh size increase and soak time reduction
1993 – Maximum soak time reduced to 4 hours with required inspection at 2 hours
1994 - Minimum mesh size increased to 2-3/4", to take effect 12/31/96
1998-99 - Gill Net Task Force meets and recommends lay net regulations
2000-02 - Draft regulations developed from recommendations and reviewed internally
2002 - Statewide public meetings on proposed lay net management regulations
2003 - Statewide lay net ban proposed by DLNR, public meetings approved
2003-2004 – State wide public meetings on proposed ban of lay nets
2005 - DLNR proposes rule change

# # #


For more information, media contact:
Clifford Inn
DLNR Community Education and Outreach Coordinator
Phone: (808) 587-0407