HomeMy WebLinkAboutCOM 0333.181 2010-2012Murashige, Laura
From:
Sent:
info @forthefishes.org
Tuesday, October 04, 2011 7:10 AM
To: counciltestimony @co.hawaii.hi.us
Subject: Res. 130 -11 in Support
For Weds., Oct. 5 Council Meeting
Re: Res. 130 -11 in Support
Dear Chair Yagong and Council members,
Page 1 of 3
COUNTY CLERK
COUNTY OF HAWAII
2011 OCT - LI AM 8: 16
Below is the West Hawaii Today article about an aquarium collector's actions that
show what the community has been telling you: despite what trade members say,
their is much evidence that their care for this precious resource is limited. They
sacrifice the health, beauty and welfare of Hawaii's coral reefs and wildlife to make
"a living" and to save as much time as possible when doing so.
Here you have evidence of a longtime collector blatantly disregarding a long held
gentleman's agreement to not collect near moorings; illegally anchoring in coral
and then claiming harassment by those who witnessed & photographed his
actions. He will likely ask you to believe that the heavy metal he dropped on the
reef, heavy enough to hold his vessel in place (against wind), did not smash the
fragile coral polyps it landed on, scraped against and was dragged across when
lifted.
It's ludicrous.
This callous disregard is extended to wildlife, as well, which is why Maui County
passed the law in January this year, protecting reef wildlife from the aquarium
trade's harmful practices that contribute to early deaths, and in turn, puts more
pressure on their wild populations.
Please give this issue all due consideration when deciding on Res. 130 -11
Mahalo,
Rene Umberger
www.FortheFishes.org
Fish collector drops anchor on live
coral, not cited
10/4/2011
Comm. No. 333. /8/
Ref. To: Pti e414."41/
Ref. Date OCT 5 ` Mi.
September 23, 2011 - 11:09
Click the image to view gallery
BY ERIN MILLER 1 WEST HAWAII TODAY
Hawaii's Land and Natural Resources' enforcement division refused to cite a Big Island aquarium
fish collector for dropping anchor on live coral, despite being presented with photos showing the
violation.
Page 2 of 3
The West Hawaii dive instructor who took the photos is now facing harassment charges, creating
what a state biologist calls a "chilling effect" on people considering reporting potential violations.
William Walsh, aquatic biologist with the Department of Land and Natural Resources' Division of
Aquatic Resources, told West Hawaii Today Friday his office forwarded Brooke Landt's photos to the
Division of Conservation and Resources Enforcement in February. DOCARE officers investigated the
complaint, which also included an allegation that the fish collector failed to tie his boat to a day use
mooring Tess than 100 yards away, Walsh said. DOCARE reported back to Walsh's division they
could not cite the collector, Jim Lovell. "The officer's justification for not enforcing (it) was they
couldn't be sure whether the mooring was legal or not," Walsh said.Attempts to reach DOCARE
Friday were unsuccessful.
DLNR Chairman William Aila issued a written statement Friday saying enforcement officers returned
the case to the aquatic resources office. He declined further comment until he and DOCARE staff
looked up the case's specifics. That reasoning is often cited, Walsh said, with DOCARE officers
claiming they cannot verify whether day use moorings not specifically named in boating division
rules are legal. A number of day use moorings have been added over the years, Walsh said, but
not all have been incorporated into the division's rules. Division of Boating and Ocean Recreation
Administrator Ed Underwood said the Malama Kai Foundation, working with his division, maintains
an extensive, comprehensive and updated day using mooring list. The administrative rule change
process is lengthy, making incorporating each new mooring cumbersome, he added.
Both Walsh and Underwood noted that an anchor dropped in live coral is a clear violation of state
law.
"Anchoring elsewhere (more than 100 yards from a day use mooring) is permitted in sand, rock,
rubble or other areas in which no live coral exists," Walsh said, referring to the department's
administrative rules. "(DOCARE) didn't pursue that." Walsh noted the fish collecting itself was legal.
Landt, who has been a diving instructor since 2000, was diving off the North Kohala coast in
February when she saw a man, later identified as Lovell, collecting fish. It was the first time she'd
ever witnessed fish collection. She saw the anchor in the coral and took pictures as she and several
other divers swam past.
"We didn't touch anything," Landt said. "We just took pictures. When he saw us, he got extremely
angry. He started to grab all his equipment."
Lovell declined to comment Friday.
Page 3 of 3
Landt said she saw Lovell return to his boat, then drive back and forth to collect the anchor and
chain, dragging the anchor across the coral. He then moved the boat a few hundred yards down
shore and dropped anchor again. She sent her pictures to the aquatic resources office in Kona,
hoping to see Lovell cited.
She also posted the photos on Facebook. A DOCARE officer came by Kohala Divers, where Landt
works, ordered her to take down the photos and told her Lovell wanted to press harassment
charges. She didn't hear anything until last week, when she received a summons to go to the Kona
Police Station. She did and learned she was being charged with harassment of a fisherman and was
ordered to appear in District Court Wednesday. She faces a maximum fine of $500 and up to 30
days in jail. No one else who took pictures that day was charged, she said.
Landt said she didn't harass Lovell.
"I wonder if I'm going to be made an example of," Landt said, adding that she acted in the way
divers and other marine users are instructed to act if they see what they believe to be a marine
violation. It seems like it was kind of discouraging people from reporting (violations)."
Walsh agreed. The charge may have a "chilling effect" on people making such reports. And he
noted that the charge doesn't apply to Landt's situation.
The charge, that she harassed Lovell by "placing (her)self in a location in which human presence
may affect the behavior of the fish to be taken," according to Hawaii Revised Statutes, refers
specifically to anyone with a license to fish in the state's freshwater rivers and reservoirs.
The deputy prosecuting attorney in charge of Landt's arraignment did not respond to a message
seeking comment on the case.
emiller @westhawaiitoday.com
FortheFishes.org
10/4/2011