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The Honolulu Advertiser
Posted on: Tuesday, July 24, 2007

Lay gill net barriers must be stronger to protect species

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Hawaii news photo - The Honolulu Advertiser

A female Hawaiian monk seal, left, lay for hours next to a dead male seal that drowned in a gill net at Makua Beach on May 27.

Department of Land and Natural Resources

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Half-measures are often the only route to consensus in government, but the results are typically only half successful.

So while the state's effort to protect marine life through regulations on the use of lay gill nets marked an admirable start, both sides of the argument ended up feeling dissatisfied.

And this much is clear: On two separate occasions in the four months since the regulations were adopted, Hawaiian monk seals, an endangered species, were drowned, caught in nets used illegally.

Evidently, those fishermen felt too restricted by the new rules to comply. And those who had favored banning the nets completely saw the killings as vindication for their position.

It does seem inevitable that the nets will ultimately be banned — as they are by every coastal state on the Mainland and in many other jurisdictions around the world. The policing required to enforce restrictions on the dimensions of nets and the hours they can be used is far more problematic than keeping an outright ban in place.

Additionally, the case against the lay gill nets — flat, rectangular nets that hang vertically in the water from a buoyed cork line— is too strong. And the danger to marine mammals should now be apparent to everyone.

In addition, environmentalists and others are worried that the nets indiscriminately take marine life and needlessly reduce populations that play important roles in the ecosystem. For example, some species unwanted by fishing crews do help to keep algae growth in check, so diminishing their numbers ends up causing unintended harm.

The state Department of Land and Natural Resources forged the rules after years of hearings that attempted to achieve a consensus between opposing groups. So DLNR officials argue rationally that it's too soon to switch gears; it will take up to five years of data gathering to evaluate the policy.

However, it's good to see that there's a move to more easily expand the areas where the nets are banned. The east-shore location of one monk-seal entrapment, near Rabbit Island, is like a nursery to young monk seals. A new amendment that has support of many fishing groups would allow the land board to quickly add such areas to the list where the nets are prohibited. This is a good idea that should be approved by the governor.

But five years may be too long to wait for better protection of marine species. Concerned individuals and groups should begin meeting now to discuss legislation that would ban the nets outright.

It's a controversial issue, but at the very least, a plan for more aggressive safeguards— including an outright ban — deserves debate.