The state Board of Land and Natural Resources has denied a request for a contested case hearing sought by two commercial fishermen who oppose rules approved for the Haena Community-Based Subsistence Fishing Area on Kauai.
Under rules approved by the board in October, commercial harvest will be banned in the area. Also, each fisherman will be limited to two fishing poles. In addition, spear guns and night fishing will be prohibited. And bag limits will be imposed on lobsters, urchins and octopus in the subsistence fishing area — the first such area in the state.
Given the proposed restrictions on gear and boat size, Michael Sur, one of the petitioners, has testified that fishermen would not be able to catch invasive species in the area. If such species are allowed to thrive, Sur said, they’ll "ruin the area."
In an effort to address the concern, board chairman William Aila said staff members are now tasked with attempting to find a way to allow implementation of a special use permit for the purpose of removing invasive species from the subsistence fishing area.
"Part of the process that I foresee would be having some discussions with the community. The challenge is going to be, how do we allow for the special use permit to take the invasives and have the community feel comfortable and confident that only the invasive species are being taken?" Aila said.
Presley Wann, president of Hui Maka‘ainana o Makana, a community group that took part in the drafting of the subsistence fishing area’s management plan for Haena, testified in support of the board’s decision to deny the petition for a contested case hearing. The group has maintained that the rules are necessary to address the depletion of fish populations and protect natural resources.
The board’s unanimous vote on Friday came in response to the state Department of Land and Natural Resources’ Division of Aquatic Resources’ request to deny the petition for a hearing sought by Sur and Paul "Makani" Christensen.
In its submittal to the board, the division said the petitioners "are not entitled to a contested case hearing by statute, rule or due process."
The rules will now be sent to the governor’s office for final approval.
After the decision was issued, Sur said, the establishment of the subsistence fishing area on Kauai could prompt other communities in the state to form similar fishing areas, potentially affecting the livelihood of commercial fishermen. "The fishermen would be put out of business because of this," he said.
Wann said everyone including fishermen in Haena will be required to follow the board-approved rules.
The group plans to conduct informational meetings over the course of at least one year to help educate the public about the rules tied to the subsistence fishing area. "It’s all about fishing pono," Wann said.
