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).

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.

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.

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.

• Lay net use must be a part of active fishing with continuous attendance and monitoring (i.e. net is not to be set, abandoned and then fisher returns and retrieves.)
• Lay nets are to be attended and monitored at all times (i.e. someone must always be within 50 feet of the lay net and monitoring the net.)
• In the event a threatened and/or endangered species (i.e. turtle, dolphin, seal, etc.,) and/or unintended bycatch (i.e. other fish, bird, etc.) are caught in the lay net, the fisher shall immediately remove the animal from the lay net. The fisherman shall follow appropriate state and federal handling and release guidelines if it is a threatened or endangered species.
• Lay nets must be individually registered by the owner and tagged. Identification tags shall be attached at both ends of the net, one on the floatline and one on the leadline, for a total of four identification tags. Identification tags will be marked with a unique serial number identifying each net.
• Marker buoys, visible on the water surface, shall be attached to each end of the net, for a total of two buoys. The identification tag number will be permanently marked on each buoy.
• A person may fish with only one lay net per day and may only use (set) the net once per day.
• When the lay net is in use, set and fishing, the registered owner must at all times be present and fishing with that net.
• Lay nets shall be no longer than 250 feet and no higher than 6 feet. No joining of individual nets if two or more fishers work together.
• Lay net mesh shall be no less than 2.75 inches, stretched.
• Lay nets must be spaced no less than 500-feet from each other.
• Lay net "soak time" shall be a maximum of 4-hours.
• The lay net may only be in the water, set and fishing between the hours of one-half hour before sunrise to one-half hour after sunset.
• Lay nets that do not meet these requirements are subject to confiscation by the Department and the owner and user cited for violation of the administrative rule.
• The Department shall consider any lay net on or about the water that is not registered and does not have proper identification tags contraband and subject to immediate seizure.

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.