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The Honolulu Advertiser

Updated at 4:40 p.m., Thursday, June 7, 2007

Man charged in monk seal's death in a net

Advertiser Staff

The Department of Land and Natural Resources has charged a Wai'anae man in connection with the death of a male monk seal that became entangled in a gill net set in waters off Makua beach, a news release said.

A necropsy of the seal, conducted by NOAA's Fisheries Service, revealed that the seal's death was probably caused by drowning, the DLNR release said.

Another monk seal death attributed to drowning in a lay gill net occurred on Oct. 16, 2006, near the Makai Pier on O'ahu, making the total two deaths within a 12-month period.

On Friday, a 52-year-old man identified at the scene on the day of the seal's death was charged with violations of DLNR Hawai'i Administrative Rule 13-75-12.4 for failure to visually inspect his gill net; failure to register the lay net; and deployment of a lay net longer than 125 feet in length.

The person charged is cooperating with the continuing investigation. Additional state and/or federal charges are possible.

Violations of state gill net rules relating to the killing of an endangered species is punishable by a fine of up to $5,000 and a jail term not to exceed 30 days or both for the first offense when it involves an endangered species.

Persons responsible for the death of an endangered species like the Hawaiian monk seal may be made to pay the state restitution and an additional fine of up to $10,000 for each specimen of an endangered species killed.

On May 27, at about 4 p.m., a DLNR enforcement officer on routine patrol at Makua Beach Park was stopped by a park visitor who reported that a monk seal was stuck in fishing net offshore and might be dying. The witness also reported that a second seal might also be entangled.

The officer swam out to the seal about 100 feet from shore and dived down to find the seal entangled in a gillnet, and floating head-down in about 20 feet of water. The seal appeared to be dead. The officer was able to cut the seal free, and with the help of two beachgoers was able to haul the body onto the beach.

DLNR Conservation Enforcement officers began an investigation into the circumstances surrounding the seal's death and were later joined by the NOAA Fisheries Service, Office of Law Enforcement.