State Seal

 

DEPARTMENT OF LAND AND NATURAL RESOURCES

 

News Release

     LINDA LINGLE              

           GOVERNOR

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                                                                                                                                            ALLAN A. SMITH, INTERIM CHAIRPERSON

                                                                                                                                            Phone: (808) 587-0401

                                                                                                                                            Fax: (808) 587-0390

                                                                                                                                             

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For Immediate Release: June 7, 2007

  

DLNR Charges Suspect In Monk Seal Net Drowning Case


HONOLULU -- The Department of Land and Natural Resources (DLNR) has charged a Wai‘anae man with violations of state lay gillnet rules which are believed to have caused the death of a male monk seal that became entangled in a net set in waters offshore of Makua beach.

Necropsy of the seal, conducted by NOAA's Fisheries Service, revealed that the seal’s death was probably caused by drowning. Another monk seal death attributed to drowning in a lay gill net occurred on October 16, 2006 near the Makai Pier on O‘ahu, making the total two deaths within a 12 month period.

On Sunday May 27, about 4 p.m. a DLNR Division of Conservation and Resources Enforcement (DOCARE) officer on routine patrol of the state Makua Beach Park was stopped by a park visitor who reported that a monk seal was stuck in fishing net offshore and might be dying. The witness also reported that a second seal might also be entangled.

The officer swam out to the seal about 100 feet from shore and dived down to find the seal entangled in a gillnet, and floating head down in about 20 feet of water. The seal appeared to be dead. The officer was able to cut the seal free, and with the help of two beachgoers was able to haul the body onto the beach.

“We are saddened by the tragic death of this rare endangered Hawaiian monk seal,” said Allan Smith, DLNR interim chairperson.

“We commend and thank the witnesses who were on scene, for their prompt action and assistance. A second and perhaps a third monk seal death may have been prevented by their actions, since at least two other seals were in close proximity to the dead seal and gillnet. I would also like to commend our Conservation and Resources Enforcement Officer who tried to save the seal,” said Smith.

DLNR Conservation Enforcement Officers began an investigation into the circumstances surrounding the seal’s death and were later joined by the NOAA Fisheries Service, Office of Law Enforcement (OLE).

On Friday June 1, 2007, a man identified at the scene on the day of the seal’s death, John P. Kahalekii, 52, was charged with violations of DLNR Hawai‘i Administrative Rule 13-75-12.4 for failure to visually inspect his gillnet; failure to register the lay net; and deployment of a lay net longer than 125 feet in length.

The person charged is cooperating with the continuing investigation. Additional state and/or federal charges are possible.

Violations of state gillnet rules relating to the killing of an endangered species is punishable by a fine of up to $5,000 and a jail term not to exceed 30 days or both for the first offense when it involves an endangered species. Persons responsible for the death of an endangered species like the Hawaiian monk seal may be made to pay the state restitution and an additional fine of up to $10,000 for each specimen of an endangered species killed.

“We urge net fishers to follow all applicable rules and use their nets in a responsible fashion," said Dan Polhemus, Division of Aquatic Resources administrator. "Continued violations of this type can put the State in a difficult position in terms of compliance with the Endangered Species Act, and it would be very unfortunate if the actions of a few individuals were to compromise the future use of nets by fishers statewide."

“This Hawaiian monk seal death was preventable and can only be viewed as tragic, unnecessary and unacceptable” said Gary D. Moniz, DLNR Chief of Enforcement. “To make matters worse our investigation has revealed that the lay (gill) net used in this case was illegally deployed and did not meet current net use requirements”.

DLNR urges anyone who witnesses a monk seal entanglement or any other marine-related violation to call the NOAA Fisheries hotline for marine mammal health issues (including strandings and entanglements) at 1-888-256-9840.

Or call DLNR’s new 24 hour DLNR Hotline at 643 – DLNR (643 – 3567) to report these and other natural resource violations as quickly as possible.

Please try to obtain as much detailed information about the violation as possible so that investigating officers can follow-up and confront the violators.

Information that is helpful to an investigation includes vehicle license plate numbers, color, make and model of vehicles and boats, physical descriptions of the violators, names of the violators if known, boat and trailer identification numbers, and details of incident. It is also important to leave a contact phone number or e-mail address so that conservation officers can call back and clarify the information received.

You can help protect Hawai‘i’s valuable natural resources. Go to the DLNR web site at www.hawaii.gov/dlnr to learn more about Hawai‘i’s unique and special natural, cultural and historic resources. Be an informed and responsible fisherman and hunter – find out about open seasons, minimum catch sizes, prohibited activities, bag limits and more.

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For more information, media may contact:
Deborah Ward
DLNR Public Information Specialist
Phone: (808) 587-0320