State Office of Hawaiian Affairs trustees have asked its chief executive officer to draft a letter urging Gov. Neil Abercrombie to use his powers to prohibit the taking of aquatic life within three miles of Niihau by non-Niihau residents.
Trustees, who passed the motion Thursday, are asking Abercrombie to take immediate action or act as expeditiously as possible to protect aquatic resources on an island where some Native Hawaiians practice a subsistence culture and rely upon the ocean for their food.
Trustees want Abercrombie to take action pending the passage of laws and rules that provide adequate protection for nearshore resources.
Abercrombie spokesman Justin Fujioka said the governor is trying to create a balance between the residents of Niihau and the fishing community.
"He is thoroughly reviewing the situation and working with the Department of Land and Natural Resources and legislators to assess all possible impacts," Fujioka said.
Trustees said they want those living on Niihau to be able to continue their tradition of subsistence gathering of food from the ocean.
"That’s their refrigerator," OHA Vice Chairman Oswald Stender said. "If you need fish, they can’t go down to Safeway.
OHA Chairwoman Colette Machado said the governor needs to step in now to help prevent confrontation between Niihau residents and non-Niihau fishermen.
Machado said she believes the state should adopt a system similar to Kahoolawe in protecting the resources for the people who live in the area.
Kauai commercial fisherman Greg Holzman said a study should be done to examine fishing stocks around Niihau before any decision is made limiting the taking of fish.
"There should definitely be a thorough study," said Holzman, a Kekaha resident. "There’s no data."
He said he would lose 80 percent of his catch if he was forced to fish two miles from Niihau because many of his fishing spots are within two miles.
Holzman said there are fewer commercial fishermen now compared with 30 years ago.
"Commercial fishing is a hard way to make a living," he said.
Niihau, a 69.5-square-mile island southwest of Kauai, has been privately owned by the Robinson family since 1864 and is closed to most visitors.
With a population of about 100, the island is regarded as one of the last places where many Native Hawaiian cultural traditions are practiced, including the speaking of the Niihau dialect of Hawaiian.
Meanwhile, a few bills have been introduced in the state Senate with the intent of protecting marine resources around Niihau, including a measure that designates waters two miles from shore as a marine conservation district for all people except Niihau residents.
A Robinson family representative told state lawmakers that over the years the Niihau fish stock has been depleted by two-thirds.
Don Heacock, a state fisheries biologist, said based on catch information that excludes akule and bottom fish, the commercial amount of fish caught in nearshore areas of Niihau hasn’t changed in the past 20 years.
"There’s a lot of fish in Niihau," he said.
The Hawaii Fishermen’s Alliance for Conservation and Tradition Inc. has opposed limiting fishing to residents of Niihau, saying it would potentially redefine the rights of private landowners with oceanfront properties and reduce public access to ocean resources.
State Board of Land and Natural Resources Chairman William Aila Jr. has said he’d prefer Niihau’s marine resources to be managed by administrative rules rather than statutes.
