Blind Ban’s Bluff

The proposed gill net regulations beg the question: Are there still a lot of fish in the sea?

by Catharine Lo / 08-02-2006

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The debate over the new gill net regulations proposed by the Department of Land and Natural Resources (DLNR) has stirred up passionate testimony at recent public hearings across the state. To generalize, environmentalists plead, “Save the turtles!” Fishermen plead, “Don’t lock our icebox!” Fishery managers plead, “Catch what you need, not what you can.” Gill nets, also known as lay nets and mo‘emo‘e nets, are typically set in inshore waters like a curtain held open by floaters and weights, ensnaring marine life that swim into it.

Supporters of greater restrictions (see sidebar), including a ban on gill nets in the waters around Maui, and parts of O‘ahu, say gill nets deplete nearshore fish populations, threaten endangered species and destroy coral reefs. Opponents say a ban would hurt subsistence fishermen, choke tradition and won’t help restore diminishing fish populations. They are all somewhat right, and they are all somewhat wrong. Ultimately, the DLNR doesn’t know how much of an impact the nets are making because they don’t know how many fish are in the sea. The only numbers they record are how many and what kind of fish the nets catch—and those numbers include only what’s reported by commercial netters.

Is it better to be safe than sorry? Without knowing how many fish there are, it’s hard to assess whether the gill net fishery is a threat. The proposed regulation relies on speculation and opinion, and someone’s best guess is neither a sound nor permanent foundation for effective resource management.

One fish, two fish, red fish, blue fish

Who’s counting? The Division of Aquatic Resources records the total number of commercial fishermen who cite gill nets as their primary gear (46 in 2005) and their total landings by species listed on commercial catch reports (a total of 193,298 pounds in 2005). No data is available for the number of recreational/subsistence fishermen or how much they catch.

So we know the least number of fish being caught by gill net is around 194,000 pounds. Subtract the total pound of akule caught (129,886)—akule fishermen use a surround net technique that is not subject to the proposed restrictions—and you have about 63,000 pounds of fish caught by commercial gill net fishers.

Francis Oishi, recreational fishing program manager at the DLNR’s Division of Aquatic Resources (DAR) explains that the lack of data exists because the nearshore fisheries don’t bring in the dollars that high-value commercial species like Alaskan king crab or Pacific Northwest salmon do. The sustainability of those fisheries has been studied—spawning potential ratios, yield per recruit, rates of harvest, etc.—and when fishing approaches a critical point, a cease-fishing notice goes out. But the 3,000 pounds of weke ula caught by commercial gill netters in Hawai‘i yields—at, say, a wholesale rate of $2 a pound—about $6,000, hardly enough to justify paying for scientific research on the species.

Independent studies and general observations show that nearshore fish populations have dwindled in the past 50 years, and many culprits share responsibility: overfishing, invasive species, global warming, pollution, coastal development.

“People make the forgone conclusion that since the line is steeply sloped to the right, we’re unsustainably harvesting the fish,” Oishi says. “Environmentalists say overfishing is destroying the ecosystem, but prove that it’s being overharvested before you make that assertion.”

Fishermen are an easy-to-regulate target, and many are angered by the continual encroachment on their right to fish, whether it’s by gear bans, conservation districts or other management restrictions. The introduction of cheap monofilament nets—that reckless fishermen treat as disposable—in the ’50s are often blamed for the simultaneous decline in nearshore fish stocks.

“I can understand having controls, but to completely stop it is a bad move,” says veteran commercial gill net fisherman Henry Pilikai, who sat on the gill net task force in the early ’90s.

When he first fished with gill nets, he donned his scuba equipment and observed the fish’s behavior. He noticed that the first one or two fish would hit the net, but the rest of the school would avoid it. “The fish is not blind and it’s not dumb. They’re pretty smart,” Pilikai says. “They can see just like me and you…How long is it going to take before we figure out the fishermen are not the problem? Honestly, the problem is with the state itself—they’re the biggest polluters.” He mentions the dredging of Kalaeloa Harbor and the silt, chemicals and industrial waste that have destroyed coral reefs and natural hatcheries.

According to DLNR chairman Peter Young, the areas where gill nets will be banned were in part a reflection of what the community in those areas wanted based on feedback from multiple hearings on multiple islands. He emphasizes that this is not a “fisher versus non-fisher” argument.

Some of the proposed regulations are also modeled after rules currently in effect in West Hawai‘i, where there are particular reef areas where gill nets are prohibited. Is the ban working? “Science shows there are more fish in the closed areas and fishermen are catching more fish in open areas, which leads us to conclude that this is better for the fishermen and the fish,” says Young.

One of the main criticisms of the DLNR’s proposal is the department’s inadequate number of enforcement personnel. There are about 100 Division of Conservation and Resource Enforcement (DOCARE) officers who patrol 1.3 million acres of state land and 750 miles of coastline. It’s a lot of territory to watch over daily, and many places can only be accessed by boat. Plus, the response time of an officer to a violation call is usually too great to catch the perpetrators before they’re gone.

“Stopping something people do every day? They’re going to keep doing it anyway, but then it will be illegal. You can make all the rules you want. But if there’s nobody to enforce it they’re not going to work,” Pilikai says. “The easy way is to shut it down. Eliminate all fishing altogether—then you won’t need any rules.”

Young points out that the new rules will aid enforcement with the required tagging of nets and marker buoys as well as the right for DLNR to confiscate nets immediately. “DOCARE is one way to do enforcement,” he adds. “Our focus is on compliance, not just enforcement. We would rather have people complying with the rules and laws rather than catch them violating the rules and laws. We want people to be responsible. The goal is fish for the future. We’re not just thinking about the short term. It’s not just about us. This is about making sure there are marine resources for generations to come.”

A few bad fishermen

Gill nets have injured or killed birds, turtles, seals, dolphins, sharks and other marine life that accidentally get trapped and become bycatch. The Marine Mammal Protection Act (MMPA) requires the National Marine Fisheries Service (NMFS) to monitor interactions between marine mammals and commercial fisheries. NMFS categorizes each fishery into one of three categories based on the level of serious injury and incidental mortalities of marine mammals due to commercial fishing operations. They basically set a maximum number—called the Potential Biological Removal (PBR) level—of mammals that can be injured or killed before the sustainable population is threatened. Fisheries that pose a significant threat are subject to registration requirements, observer coverage and take reduction plans.

NMFS estimates the number of participants in the Hawai‘i gill net fishery is 35, down from 115. The Hawai‘i gill net fishery is classified as Category III—the annual mortality and serious injury is less than or equal to 1 percent of the PBR—for two species: bottlenose dolphins and spinner dolphins. Unlike participants in Category I or II fisheries (the Hawai‘i longline/set line fishery, for example), the gill net fishers are not required to register under the MMPA.

The Islands’ harbormasters see firsthand the bycatch of abandoned or ghost nets—photos the ban supporters widely publicize. The last net Wai‘anae harbormaster William Aila pulled out had four dead lobsters, two dead Samoan crabs, two dead uhu, and some dead manini. He estimates he’s pulled about 50 nets out over the past 20 years—in a fishery management area where spearfishing and netting is prohibited.

He‘eia Kea Small Boat Harbor Earl Omoto, who is stationed at Kane‘ohe Bay where the rule change would ban gill nets, has seen turtles, hammerhead sharks and tiger sharks inadvertently caught recently. “Kane‘ohe Bay has been a net fishing bay since day one,” he says, explaining that the calm waters make it so the nets don’t drift much or get caught in the reef or the surf.

“If there’s algae growing on it, it’s been there at least a week. Shallow water algae will grow right away in the sunlight,” Omoto says, describing the condition of untended nets he’s pulled out. “The net keeps on killing after that. If you have one dead fish, you might attract a predator. And he might get tangled in the net. Then an eel could come. It’s endless.

“There are very few irresponsible fishermen, and they’re the ones ruining it for everyone,” he continues. “I hate to use the term fishermen if they’re not responsible.”

Used responsibly, gill nets, which are typically 125 feet long and 7 feet wide, can be very selective. The variable mesh size allows fishermen to target particular species, permitting smaller fish to swim through and bigger fish to bounce off. Placement and technique also help target species. For example, menpachi fishers wait for the right moon and the right current. They know the holes in the reef where the fish are hiding and they put their nets at the entrances. They know when the fish will be there—sunrise or sunset—they check their nets accordingly and then remove them right away. That’s responsible net fishing.

Omoto remembers the guys who were trying to catch menpachi at Sandy Beach by using chlorine to force them out of their holes. “You call that fishing? That’s not fishing. That’s taking,” he says.

“The problem with gill nets are what I call lazy fishermen,” Aila says, referring to the passive technique. He points to irresponsible practices like leaving nets out overnight and smashing coral to free nets that get caught in the reef.

“Gill netting is not the only way to catch fish,” he continues, adding that gill netting is not a pre-contact Hawaiian fishing technique, bucking the argument of native tradition.

Fish for tomorrow

But there is a Hawaiian fishery management tradition that the DLNR should look to. The department acts as the modern-day konohiki, the custodian of our two most important resources, land and water. Traditionally, the konohiki issued kapu on certain kinds of fish or plants, thereby regulating the consumption of those species. That was how conservation management happened.

“The konohiki was in the water himself,” says Aila, explaining that the konohiki knew what was going on with the fish—the juveniles, the reproduction and settlement cycles, the impacts from and on the surrounding ecosystem. “They saw these things. It was real-time data.”

“The state’s fishery management scheme doesn’t ask fishermen what’s out there. They don’t use settlement patterns to project for next year,” Aila continues, pointing out the flaw in our current system. “The konohiki also knew what the demand was. If you know what the demand is and you know what the supply is, you have the perfect management system. Hawaiians knew all this stuff. We just have to learn it again.”

Fish for cover art provided by Ishimoto Fish Market, 145 N. King St., 536-7494.

Proposed Gill Net Rules: What you can expect

By J.M. Buck

Some say the current gill net regulations are lax. In response, the state has presented a long list of proposed amendments and has solicited input from the public about the possible changes to the existing rules.

Currently there are no regulations governing net sizes, linking, identification and markings, use of multiple nets, proximity of nets to one another or night lay gill netting. In addition, there are no provisions in the Lay Gill Net Rule, technically known as Hawaii Administrative Rules, Title 13, Ch. 75, for unattended and stolen nets, netting in freshwater or damage caused to coral reefs. There are only two areas in the state where lay gill netting is prohibited.

The proposed amendments to the Lay Gill Net Rule address all of these issues and more. If the amendments are passed as proposed, net owners will need to register their nets with the state Department of Land and Natural Resources (DLNR). The maximum legal net size will be 125 feet long and 7 feet high, and linking nets together will be forbidden. The minimum net mesh size will remain at 2–3/4 inches.

Only one person will be allowed to use one net at any given time. If several fishermen are netting, nets must be spaced no less than 250 feet apart. A person can set only one lay net for a maximum of four hours in a 24-hour period, and the entire net must be inspected every two hours, with prohibited and unwanted catches released.

Due to the amount of sea creatures, like turtles, that have met their demise in nets left unattended overnight, the new amendments will require that nets not remain unattended for more than 30 minutes.

Additionally, all nets will be required to carry at least two surface buoys with registration numbers and reflective tape visibly placed at either end of the float line. Unregistered or unidentified nets in or near water will be subject to confiscation.

And here are some other things fishermen can anticipate if all of the proposed amendments pass:

• No damaging of coral with lay nets.

• No lay net fishing in freshwater streams or stream mouths.

• No lay netting at night.

• It will be illegal to put false ID tags on an unregistered lay net.

• Net owners will be required to report to DLNR any registered lay net that is lost, stolen, given away or otherwise no longer the possession of the registered net owner (not unlike what you would do if you sold your car).

Also, lay net use will be illegal on the entire island of Maui; between Sampan and Ship channels in Kane‘ohe Bay; between Mokapu Point and Wailea Point in Kailua Bay and between Kawaihoa Point (Portlock) and Keahi Point (Pearl Harbor) on the South Shore of O‘ahu.

The DLNR held public hearings statewide between July 18–20. If you were unable to attend and would like to submit a written testimony, you may do so mailing written testimony to DLNR, Division of Aquatic Resources, 1151 Punchbowl St. Room 330, Honolulu, Hawai‘i 96813. Or you can send an e-mail with “Lay net rules” in the subject field to [email: dlnr]. Testimony or additional comments must be received no later than Aug. 8.