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Lay Net (Gillnet) Management In HawaiiRevised September 9, 2005At the end of 2003 and beginning of 2004, DLNR/DAR held a series of public meetings statewide to discuss a proposal to ban “laynetting” (defined as “stationary gillnets used in inshore waters”). A complete statewide ban was proposed, but people were asked to consider a few possible exceptions to the ban (allowing netting in designated areas only, making an exemption from the ban for native Hawaiians, etc.). In addition to the public meetings, DAR distributed a written survey. People were allowed to mail, fax or hand in their surveys for a period of several months. (See "Background - Public Meetings and Survey" below.) The results of surveys and public meetings were quite different. People generally opposed a complete ban on “lay-nets” in public meetings, but support such a ban in written surveys. Survey results contained the response to four distinct questions. Live public testimony tends to be more spontaneous and people talked about a number of topics in addition to banning laynetting (other net management they would prefer, other priorities they thought DLNR should focus on, etc.). The results also varied by island. Generally O‘ahu and Maui supported a ban, while other islands opposed it. The results of surveys and public meetings can be downloaded through the links below. Results are shown separately and have also been compiled to the extent possible (where the responses overlap), combining public input on the question of whether or not the public supports a complete ban on laynetting. Results: Combined (PDF file, 280 KB)
Background - Public Meetings and Survey In November 2004 the Board of Land and Natural Resources approved a DAR request to hold public meetings to discuss a proposal to ban lay nets (gillnet) generally state wide, with options for exemptions for areas where they could be used and consideration for traditional/cultural use. The public meetings were intended to convey information to the public and to have public discussion of the proposal and various options (details below). There were no proposed amendments at that time. Meeting Schedule
Lay Net Survey - Persons unable to attend one of the public meetings or wishing to send in additional comments were asked to fill in the public laynet survey and mail it or FAX it to the Division of Aquatic Resources. The survey is in Acrobat PDF format, and you will need the free Acrobat Reader to view and print it. Please read the background information and the documents at the links provided below for details on the proposal and more information. Please click here for the survey form (PDF 4Kb).
Background - Lay Net Management by DLNR The Division of Aquatic Resources (DAR) has been working on improving management of lay nets for some time. The following chronology illustrates some of the key historical events.
In 1997, a new type of gillnet appeared 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 and longer than a mile in length. Concerns about the use of this gillnet prompted the formation of a Gillnet Task Force composed of various fishermen concerned about gillnets with DAR staff in support. 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 nets). In 1999, the task force presented a list of recommendations on managing gillnets to the department. Recently, there has been increased interest in implementing a statewide ban on lay nets, from within and outside the department. At the public meetings in late 2002, some fishermen volunteered their opinion that DLNR should ban lay nets. A ban on lay nets was not presented by DAR at the 2002 public meetings since it was not part of the Gillnet Task Force recommendations and was not explicitly discussed as an alternative at that time. In addition, there are indications that some legislators may introduce bills aimed at implementing a statewide lay net ban. We need to go to the public to obtain their input on a potential statewide lay net ban and to discuss various options for exemptions to the ban. For the purpose of these discussions, we will refer to stationary gillnets used in inshore waters as lay nets. These are also commonly called set nets or moemoe nets. The lay net is a passive gear because the net is set stationarily in one location and left more or less unattended. The fish are caught as they run into it and become entangled. The nets are commonly made of monofilament nylon which has been manufactured into netting available in 125' long pieces from fishing supply stores and sewn together to make larger nets. A pa'ipa'i net is essentially the same net used for lay net (moemoe) but actively fished. The fishermen set the net, usually in an arc, and then drive fish into the net by splashing the water. Then they pick up the net to retrieve the fish. The net is not left unattended. The discussion should include whether paipai nets should be managed the same way as moemoe nets. The DAR held ten statewide public meetings in September/October 2002 to obtain public input on a set of proposed lay net (stationary gillnet) regulations based on recommendations from the Gillnet Task Force and in-house staff discussions. The public meetings were focused mainly on evaluating the proposals. The proposals focused on more stringent regulations of lay nets, but did not include consideration of a ban on lay nets. Two survey forms were also circulated to attendees to solicit more detailed comments. In addition, a separate survey was mailed to commercial marine fishermen. DAR aquatic biologists prepared a report reviewing the chronology of the lay net management effort and summarizing the results of the public meetings and surveys. It provides detailed information on the lay net issue and comments expressed at the public meetings. They compiled a set of recommendations for lay net management based on input from the public meetings (hereafter known as the report recommendations). A copy of the 2003 report is available in PDF format by clicking here (178Kb). A copy of the earlier 1992 HCR401 HD1 legislative report is available here (PDF, 5.2Mb). The current regulations on lay nets set a maximum soak time of four hours, with a requirement to inspect the net every two hours. The minimum mesh size is 2 3/4" stretched. There are no other restrictions. The report recommendations included limits on lay net length and height, limit to one use in 24 hours, limit on water depth, retains the 2 3/4" minimum mesh size, sets a minimum space between nets, and requires permitting by the department and tagging and marking of nets. The report recommendations specified a 12 hour maximum soak time for recreational lay nets (4 hours for commercial), a 1,200' maximum length for commercial lay nets and a 500' maximum length for recreational lay nets. The Department requested that further public meetings be held to consider a general ban on lay nets, with various options for exemptions to the ban. As noted earlier, a ban was not discussed in the 2002 public meetings because it was not part of the Gill Net Task Force regulations. However, some ttendees at those meetings as well as public hearings on the minimum size rule amendments, asked the department to consider a ban on lay nets. Forty-two percent of the respondents (total 105) to the general lay net survey handed out at the 2002 lay net public meetings favored a ban on lay nets. A major concern with lay nets is the entangling and killing of protected species such as sea turtles or monk seals. The DLNR applied to the National Marine Fisheries Service (NMFS) for an Incidental Take Permit to cover recreational/subsistence/commercial fisheries managed by the State for sea turtles. The application is being amended to include monk seals, at the request of NMFS. One of the gears identified as being responsible for interactions with sea turtles is lay net. In applying for the ITP, the DLNR recognizes that further regulation of lay nets will likely be required. We conducted a briefing to the Board of Land and Natural Resources on the lay net issue and the need to hold new public meetings to extend the discussions on lay net management on October 23, 2003. The public meetings would discuss a proposal for a general state-wide ban on lay nets, with options for exemptions for specific areas where they could be used and for cultural and traditional use. The proposal is outlined below. The board approved the request at its meeting on October 24, 2003. Click here for a copy of the briefing (PDF, 540Kb). A copy of the background document is available here (PDF, 142Kb). Following the public meetings, DAR staff will compile and summarize the public discussions and recommendations and develop proposed rule amendments for presentation to the board to request public hearings in the near future. The Proposal For Discussion STATEWIDE BAN ON LAY NET USE There shall be a statewide ban on the use of lay nets. This pertains to commercial, recreational and subsistence lay net uses. This ban does not apply to throw nets, cast nets, fence/bag nets, aquarium nets, lobster nets, opelu or akule nets; nor does it apply to lobster traps or fish traps. FISHERY- AND RESOURCE-BASED LIMITED GEOGRAPHIC AREA EXEMPTIONS Exemptions to lay net prohibition for certain limited geographic areas may be considered and must be approved by the Board of Land and Natural Resources. Exemptions will be based on the condition of the resources in the area to be considered for exemption. WHERE GEOGRAPHIC EXEMPTIONS ARE GRANTED: (LAY NET USE, SIZE AND OTHER RESTRICTIONS THAT APPLY TO ALL FISHERS) If certain limited geographic areas are exempted from the statewide lay net ban, then the following lay net use, size and other restrictions must be adhered to. There is no differentiation between commercial, recreational and subsistence fishers relative to the use, size and other restrictions with respect to lay nets in exempted areas. The following restrictions apply to all individuals and user groups.
POSSIBLE PERIODIC "KAPU" BASED ON FISHERY AND/OR RESOURCE PROTECTION/PRESERVATION If limited geographic areas are exempted from the statewide ban on the use of lay nets and/or individuals exercise pre-contact Hawaiian practices and techniques, using pre-contact traditional Hawaiian materials, these uses may be subject to periodic "Kapu" for fishery and/or resource protection/preservation to be determined by the Board of Land and Natural Resources. If a Kapu is in effect, no lay net (of any type, technique or practice) will be permitted in the area/fishery affected by the Kapu.
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