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HomeMy WebLinkAboutGMAC Laynet PIG Committee Report (2022_10_11) 10/11/22 GMAC LAYNET PIG Committee Report After gathering Proposed Laynet Rules Changes pertinent information and talking to fishers and gathers, here is the GMAC Laynet PIG Committee Report. After meeting in a Zoom conference the Laynet Committee recommends that the forfeiture provision should be limited to fishing gear and net permits. The committee recommends that there be no $25 permit to register laynets. Submitted by, Robert Duerr Chair. 1 . From Phil Fernandez Hawaii Fishermen's Alliance for Conservation and Tradition Inc: "No opposition. These rules are already in effect on the Big Island, except forfeiture rule." 2. From Natalie Reynolds Laynet Committee. Aloha team, I went down to Keauhou Bay the other day and briefly spoke with commercial fisherman and shoreline fisherman. I spoke to 8 enthusiasts Keauhou who all had overlapping thoughts and comments. Additionally, I spoke to parents at Volleyball, Gymnastics (local+Hilo) and Kempo practices+meets who fish for their families or are commercial fishermen. This is the breakdown: Question: What are you thoughts/concerns regarding recently proposed lay net changes: **Opposed: Guys that use layouts do not like the $25 & "why are people trying to change what the local boys have been doing since forever-just let us feed our families without these crazy f*cking rules." Do not think a permit is necessary. **For: Guys either currently using or former users of lay nets. Believe $25 fee is fair. They agree lay net should not be left unattended and should not be left over night. Believe, everyone should have their nets registered, so at the time of registration of a net, it can be verified that the net it up to code and also if a net is found they could connect it to who the net is registered too. Like the idea of having fee waved if they are receiving assistance. **Additional comments: Feel the rules are pretty strict now. Lay nets should only be used during the day because when you leave the lay net for long periods of time especially at night a lot of reef sharks get stuck in the net and die. Kind Regards, Natalie Reynolds808-747-6653 3. DAR NOTICE PROPOSED LAYNET REGULATIONS. Laynets,, Public hearing scheduled for proposed amendments to rules regulating possession and use of certain fishing gear, and rules relating to the West Hawaii Regional Fishery Management Area PUBLIC HEARING SCHEDULED FOR PROPOSED AMENDMENTS TO RULES REGULATING POSSESSION AND USE OF CERTAIN FISHING GEAR, AND RULES RELATING TO THE WEST HAWAI'll REGIONAL FISHERY MANAGEMENT AREA The Department of Land and Natural Resources (DLNR) will hold one statewide public hearing August 24, 2022 from 5:30 to 8:30 p.m. on proposed amendments to Hawaii Administrative Rules (HAR) chapter 13-75 relating to rules regulating the possession and use of certain fishing gear, and chapter 13-60.4 relating to rules for the West Hawaii Regional Fishery Management Area, Hawaii. The proposed amendments to modify HAR chapter 13-75 include: • adding new definitions for "freshwater stream", "multi-panel lay net", and "throw net"; • prohibiting the take of sharks with firearms; ACT 51 COVERS • clarifying that akule may be taken with legal throw nets; 2 inch mesh • removing the existing lay net registration requirement; • establishing a lay net permit requirement and fee for the use and possession of lay nets; Registered one time. Report when change... not done. Permit yearly. Revocable. Can lose if poach. $25 annual fees waived under SNAP food program. Each laynet registered to permit #. Multiple laynets under PERMIT # 0 requiring gill nets and lay nets to be attended at all times; End unintended catch deaths. Seals turtles. 0 amending special lay net rules that apply to Moloka'i; Place BASED. Permit. Net marked at 4 places 0 clarifying the authorized penalties for violations of HAR chapter 13-75; and NOT SPECIFIED 0 providing notice of the State's authority to utilize civil asset forfeiture as an enforcement tool for violations of HAR chapter 13-75. NOT SPECIFIED WHRFMAThe proposed amendments to modify HAR chapter 13-60.4 include: • adding a new definition for "multi-panel lay net"; • amending special lay net rules that apply to West Hawaii; • requiring lay nets to be attended at all times; • clarifying the authorized penalties for violations of HAR chapter 13-60.4; and • providing notice of the State's authority to utilize civil asset forfeiture as an enforcement tool for violations of HAR chapter 13-60.4. In addition, the proposed rules include non-substantive technical amendments for formatting and style. C c 'to e w ­"rr ,2.................... https://www.youtube.com/ ........... watch?v=fO r2 ic U 7 ryQ&t=3swit h a detailed overview of the proposed changes. Interested persons are urged to participate in the public hearing on August 24, 2022 from 5:30 to 8:30 p.m. to present relevant information and individual opinion for DLNR to consider. There are three ways to participate: online via internet or telephone; in-person at one of our host locations; or by written testimony. Online: Persons can present live video/oral testimony via internet or telephone at the online public hearing on August 24, 2022 from 5:30 to 8:30 p.m. To participate, you will need a computer with internet access, video camera, and microphone, or a telephone. If you wish to testify via Zoom, please sign up no later than 1 hour prior to the hearing using 11 . l n�<_ Please note that all fields are .... ...... required to register to testify. Once you submit the virtual registration form, a confirmation will be sent to you with instructions and the meeting link and call-in number. If you do not receive an email with a Zoom link, please email DLNR.Aquatics@hawaii.gov for assistance. If you do not sign up to testify at least one hour before the hearing, you will not be allowed to testify via Zoom; However, you may still provide oral testimony at one of the in-person host sites or you may also submit written testimony. If you do not wish to testify but want to watch the public hearing online, you can view the online public hearing In-person at host sites: DLNR will set up remote host sites throughout the state where persons can attend in person to present live video/oral testimony via computer at the following locations: • Moloka'i: KGIana '0iwi, 600 Maunaloa Highway, Kaunakakai 96748 • 0'ahu: DLNR — Kalanimoku Building, 1151 Punchbowl Street, Room 132, Honolulu 96813 - Kaua'i: State Office Building, 2nd Floor Conference Room, 3060 'Eiwa Street, Li­hu'e 96766 - Big Island — Hilo: Wailoa Fisheries Research Station, 1160 Kamehameha Avenue, Hilo 96720 • Maui: DAR Office, 130 Mahalani Street, Wailuku 96793 • Big Island — Kailua-Kona: DAR Office, 74-380B Kealakehe Parkway, Kailua- Kona 96740 - Ldna'i: Division of Boating and Ocean Recreation Office, IV15nele Small Boat Harbor, 12 Manele Harbor Road, Lana'i City 96763 Written testimony: Persons can mail or email written testimony by September 9, 2022 to the Division of Aquatic Resources (DAR), 1151 Punchbowl Street, Room 330, Honolulu, HI 96813, DLNR.Aquatics@hawaii.gov. Anyone with a hearing impairment who desires to testify, may request assistance of a sign language interpreter. The request will need to be received at least seven days before the hearing is scheduled to start. Additional information or a copy of the proposed rules will be mailed at no charge upon receipt of verbal or written request. The requests may be made in writing (to the DAR address in the preceding paragraph), or by calling 587-0100 (voice or TDD) in Honolulu. Download the draft amendments to �'�-5 Download the draft amendments to A h '� 60 J, 4. DETAILED REGULATION BREAKDOWN VIDEO, t, v',e' ,1„s,Iiorj, ii,ifg,jj",,atig,� ,l l � „',i,�'r,�l'�ir��r�� https://www.youtube.com/watch? v=fOr2icU7ryQ&t=3swith a detailed overview of the proposed changes 5. DLNR ANSWERS Albatross News LAYNET QUESTIONS. On Oct 10, 2022, at 1 :00 PM, DLNR.CO.Comms wrote: Robert Duerr Albatross News Senior Active OWAA Outdoor Writers of America Association Hilo, Hawaii 96720 808-937-9104 surf77@mac.com Hi Robert, Below are DAR's answer in red (except for question 2, which can be attributed to DOCARE). 1. How many lay nets are registered in Hawaii? Is there an island by island breakdown of users. Do we know how what specie and many fish are harvested in laynets? y inets registered frouyr 2007 (present, Iloy lislland: Kauai 331 Oahu 389 Molokai 219 Lanai _33 Hawaii 247 Total 1219 Fop spe6les caughirt ire6lkly deperids ori Ihowry bhe inets are used III a`ill al, day, ir-iighirt, etc arid Wherethey are depk)yed [.3pebw lIs a to 20 rarikllhing of corimininercial catcli by gear- code 22 hin 1,-)ast '10 years, WhJcr l,-i li inck..ides a�lkl variou.is u..jses of Ilayriets„ II.......00kking at bl'-e compo§ltiori of bl'-iie catch, lies Il lik6ly that irru.j6lh of this conqrnerciall catch was direct targeflng, I e,.., not §lrqJly seffing a inet for Iloerbd -to target llrndliscrllu,i9lluqatelly.. 1::::Iro11 blly joal�jpal or, son,'ie other ac-blve te6l,-inique "I AkLfle 2 KaIla 3 1::::?ted w6ke 4 INerwe 5 Aingal'arria 6 Flklaplip -7 0110 9 W,-flte weke 10 IlleripacNl 11 Il.,lullu 12 II::::IaIlani -'13 AlhoI161,-iioIle -14. Opek..j '15 Kanda '16 Fol'au 17 Awa 1 IIIanini 19 Awa "awa 20 Maklawa I Nere ar-e '-blhe ires.flt ofII::::) II:::3's 20,12 I1::m.j6lkshed report or'n iinoin coinineircial Ili y inet-bing, q,-)ecifica�lkly in�lg�l,-A seffir-q or- lhoornoernoe I �ere you see pilkrnarlHy White wek(.::,., wekE) Ilm.jeo, WE,pke 't.Alla, to'at.A, 'olo, and sIlhlljp1jper IIobStkIr were common catches Phi lip obvbu§ly Iless tar-ge-birig arid more hndiscrihm knate by irlat lre Study Is a�lso atta6hied <lIhnqageOO'l prip. 1�n generall, t1he Illist of targeted spe&les Iby Ilay net (cornrner-&41 and noun coniirnerci4l) kn6lude: Akulle Wh lte weke (al'a) 1:::3ed weke ('Vla) 'Amal'ania 11611l10 Kalla I\Aeriq,)aclhi (t.j`u) Ah6leholle M61 Nenue Awa 1:::::161&t1 1::::'Ual1u 2. 1 have written about laynet violators. Do you have a summary sheet with fines and fish counts of laynet violations for the past 3 years? INo, we don't "„Fhat wound need to come 'firornthe Ju idiciary records 3. There is a "forfeiture" clause in the proposed new regs. Do you have a definition of what items of violators will be subject to forfeiture? Are vehicles subject? Boats and engines? Auny equ�lprnernt., arflclle, kinabrurnent, alkrcraft, v6lticlle, vess6l, Ilou..jsiiriess records, or natural) resot.irce See II I 1::::31S 199 '7(II 1,tp$'H WWW prtoll Ihawai!i! gpy1hj1,,- qVrrenVVoQ3 QhQ121 02001)/�l i 1:::3SQ1 99/ .............. I N II::::�S 0 19 9 0007'..ht,rin) 4. Why was there only one meeting statewide. Has this been done before on public scoping meetings? I reference laynet "PUBLIC HEARING SCHEDULED FOR PROPOSED AMENDMENTS TO RULES REGULATING POSSESSION AND USE OF CERTAIN FISHING GEAR, AND RULES RELATING TO THE WEST HAWAI'I REGIONAL FISHERY MANAGEMENT AREA The Department of Land and Natural Resources (DLNR) will hold one statewide public hearing August 24, 2022 from 5:30 to 8:30 p.m." We h6ld one IIuu6llic hearllng, Ibut lit was acces§161e both orflkkr-ne (via lkinterriet ort6lephorie) and at lien personn 1,--iiost sites on Kw jai, Oahu, Il aUl, IM61okal!, I anal!, Kona, and I flklo, Fhe o�nIkkne q1,,-)t1on was 1,arovided for those not wa�nting ,to att&nd an kin 11::)erson Ihearlir.g (due to kncounvenllence, CO' II concerns, or otherwise) Fhe Iin )person Ihosl slftes were Iprovlided for fl,iiose preferrlkng ,to attendthe Ihearling kin 11::)ersonn A §Irni1arformat was t.jsed for t[le IpUtflklc Ihearlirngs onn� the Il.aroll osed 11\Aol'omonil! C[:.:3&1::::::A.. 5. Is this one meeting statewide public scoping going to be a policy? Just ,to clI&Jfy, Ipt..jIIslllic scqplkng rneeflngs arid Ipullslllic hearikings are 2 1::::IublHc scopiking rneetir-igs are lrrforn-Hall ia'iieetlrigs not reqOred Iby Ilaw We Ihave been d6lr-ig 1pulblliic scqjoing rneetings via zoonq orfly.. 1:::`U6Hc hearings , orii 1-11,-ie other Ilqarnd, are formal) Iheariirngs required Iby II fl:::3S c[iqlater 91-for in.jIleamk�lr-lg acflorns We plan -to do fti-h.ire jpullzflic Iheariirngs t.jsing fliills format, at least Whille COVI[..) lis stilH a concern 6. DAR's presentation Click to view a short informational presentation is a helpful and accessible proposal aid. Is this the first time that a DLNR agency has used this outreach? Will it be used in the future? PI�" ls was th e f I ratt.I rrn e I)AI::1 made this tyljpe of itnformatlounall video presentaflon avai1l14Ne onlHne lloriorto the lIoUJllic hearl!ung We may use litfor future hearirngs 7. Do you have a summary sheet of fisher comments at the statewide informational meeting? Is there a recording of the meeting for viewing? 'Phe recordl!ung oft[-ie ll ut.flHc heai,-Jng lis avail1461e leere: con,i/ 8. Anything else you'd like to communicate to fishers? On Jally 19, 2022, 1)A!::3 in­i4lHed Iletters to alH registered Ilay netters of"H,-ie 1pu,.j1lllic Iheariiung on H,iie 1proll,,)osed Ilay net ru le arner116ments. We q,,)�jare6late alH those who took the tin7ieto attend the llouIblllic Ihe&Jl ng aund on the llarq1posed rulle changes Madison Rice Communications Specialist Hawai'i Department of Land and Natural Resources d l j r,q o r"i r @ i a. v 808-587-0396 (Communications Office) 6 Reviewed Testimony. --li li,ie recordi!rig of tl,ie j-.)uUHc [iearirig lis avalHablle here: qqrn/wa.tq�h?y:::::::3 a. Aole to permit. Cost will rise and never stop. Then throw net, dive, b. Is bang stick a gun for sharks? c. Cultural gathering rights. 7. DLNR DAR Laynet Regulations Existing. https:Hdlnr.hawaii.gov/ dar/f ish i ng/f ish i ng-reg ul ations/gear-restrictions/ 8. Committee Questions. Times when nets used night? Forfeiture lose fishing gear and net permit. Cultural side charging me for icebox. No $25 permit.