Proposed rules for a community-based fisheries subsistence area along Kauai’s North Shore is creating friction in the island’s fishing community.
Supporters maintain that the Haena Community-Based Fisheries Subsistence Area would help sustain traditional fishing practices and protect fish stocks. Opponents argue that it would hinder the livelihood for fishermen and could allow invasive species to proliferate.
Implementation of the area’s rules is pending resolution of a petition submitted by opponents of the management plan.
Among the proposed rules: no commercial harvest in the fisheries subsistence area, which would extend a mile from the shoreline, stretching from Camp Naue to Hanakapiai. Night fishing and spear guns would also be prohibited.
A pole spear — a straight shaft with three prongs used by hand — could be used to fish between 6 a.m. and 6 p.m.
Also, throw nets would be allowed, and anglers would be limited to two fishing poles per person. In addition, the proposed rules would impose daily bag limits on lobsters, urchins and octopus.
Establishing a fisheries subsistence area is needed to address declining fish populations and protect natural resources, said Presley Wann, president of the Hui Maka‘ainana o Makana, a community group involved in drafting the area’s management plan.
"It’s not like we’re excluding anybody from coming down here," Wann said. "But when you come down here there are rules and regulations. You got to fish in our style of fishing. It’s all about fishing pono."
Opponents who filed a petition with the state Department of Land and Natural Resources for a contested case hearing argue that less restrictive rules would help fend off non-native species.
"If we don’t take care of fishing the area for invasive species, the other fish get hurt by it," said Michael Sur, who is representing a group of Kauai anglers opposed to the management plan. The plan, Sur said, could cause an influx of taape, roi, poau and other invaders, which pose a threat to native fish such as kumu, uu and palani.
In the petition, Sur and fisherman Makani Christensen call the rules "arbitrary and capricious."
DLNR spokeswoman Deborah Ward said the petition is being reviewed by the state attorney general’s office to determine whether it will be granted a hearing. Based on the attorney general’s review, the Division of Aquatic Resources will ask the state Board of Land and Natural Resources to either grant or deny the petition for a hearing.
In 2006 the Legislature designated waters of the Haena ahupuaa as a community-based subsistence fishing area and instructed DLNR to adopt rules regulating various uses and activities in the area. Over the past eight years, the department consulted with various North Shore groups such as subsistence fishermen, boaters, surfers and others.
Hui Maka‘ainana o Makana has submitted a management plan and proposed regulations that aim to protect traditional subsistence fishing practices.
Public hearings were held, and on Oct. 24 the Land Board approved the rules, which Land Board Chairman William Aila described as "historic" in that they set the stage to establish Hawaii’s first community-based fisheries subsistence area.
In a news release, Aila said, "This is strong recognition by government that we cannot do it alone and community-based management and buy-in is critical to sustaining Hawaii’s precious natural resources for now and future generations."
Hui Maka‘ainana o Makana’s Wann has noted that the rules specifying size and take of fish are the same as the rules and regulations under state law. Under the management plan, there are rules pertaining the take of octopus because the state law doesn’t specify the amount a fisherman can take.
An opihi management area would also be established at the designated site. The boundaries are defined within 300 feet from the shoreline, spanning from Haena State Park to Na Pali State Park.
In addition, boundaries also would be set for Makua Pu‘uhonua, a marine refuge for juvenile fish. Human activity would be prohibited in that area, with violators facing penalties of up to $3,000. A fine of up to $1,000 also may be imposed for each aquatic life taken or killed from the juvenile fish nursery.
