The state Department of Land and Natural Resources has cited a man who allegedly set the gill net that trapped and drowned an adult male Hawaiian monk seal at Makua Beach May 27.

John P. Kahalekii, 52, of Wai'anae, was cited for deploying a net that was longer than the state's 125-foot maximum length, for failing to register the net with the state and for failing to visually inspect the net as required by law.

The DLNR, in a news release, said Kahalekii was identified to officers at the beach on the day of the seal's death. State and federal charges are also possible.

The possible maximum penalty for the DLNR citations is a fine up to $5,000 and 30 days in jail, plus a $10,000 fine for the killing an animal of an endangered species, the DLNR said.

Kahalekii is cooperating with the investigation, the DLNR said. The investigation into the seal's death was conducted initially by the DLNR Division of Conservation and Resources Enforcement, with help later from the NOAA Fisheries Office of Law Enforcement.

In new information released yesterday, the department said a state conservation enforcement agent on a routine patrol visited Makua Beach about 4 p.m. May 27, and was told by a beachgoer that a seal was caught in a net off the beach, and that a second seal in the area might also be entangled.

The officer, who was not named, swam roughly 100 feet from shore and found one seal in about 20 feet of water. Its head was down and the animal was tightly wrapped in netting. The officer cut it free and hauled it onto the beach with the help of two bystanders.

A necropsy later determined that the animal probably had drowned, the DLNR said.

The conservation officer's action may have saved two other seals that were near the net that day, said interim land department chairman Allan Smith.

Beachgoers that day said a second seal, a female, came up on the beach once the dead animal had been hauled ashore. The female seal appeared to be trying to guard the dead seal. Two seals believed to be the female and the dead seal had been photographed nuzzling a few days earlier on nearby beaches.

A third seal was spotted swimming near the shore while the dead male and the female were on Makua Beach May 27.

"We commend and thank the witnesses who were on scene, for their prompt action and assistance. ... I would also like to commend our Conservation and Resources Enforcement officer who tried to save the seal," Smith said in a news release. "We are saddened by the tragic death of this rare endangered Hawaiian monk seal."

Another monk seal drowned in a gill net off Makai Pier at Makapu'u Oct. 16, but the May 27 case was the first since the state enacted strict new lay gill net regulations, which limit where and when they can be used, how long nets can be and which require all nets be registered with the state and tagged with identifying markers.

"Continued violations of this type can put the state in a difficult position in terms of compliance with the Endangered Species Act, and it would be very unfortunate if the actions of a few individuals were to compromise the future use of nets by fishers statewide," said Dan Polhemus, administrator of the state Division of Aquatic Resources.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.