View Point

Saturday, January 2, 1999

Sentence was
too light for
illegal fishing

By Michael Wilson

Tapa

THE case of a Honolulu fisherman who was just sentenced for his illegal use of chlorine bleach to fish in reef waters illustrates how lightly our judicial system regards the knowing destruction of Hawaii's coral reef life.

The fisherman was one of two men arrested in January 1998 for using chlorine to catch over 300 highly prized reef fish including menpachi, kumu, aweoweo, moana and mu, off southeastern Oahu.

Although conservation officers caught him in possession of the deadly chemical, and it was clear that he understood the impacts of his destructive "fishing" method on the ocean, he received a very lenient sentence.

His punishment: a $750 fine, one year probation and 150 hours of community service, namely performing public service presentations on the dangers of using poisons in the ocean.

The seriousness of the offense warranted some period of incarceration.

Why? Consider the effects of chemical fishing -- it's indiscriminate and complete.

Every fish, lobster, clam, crab, eel, worm and cowry shell exposed to the chlorine is killed. Not just the target species being fished for but all other living organisms in the vicinity were affected.

Chlorine is generally used in caves and holes, places with lower than average water circulation, so the chemical remains in the area for a long time. In effect, an entire marine ecosystem including coral, limu and plankton within the chlorine's reach is destroyed.

Another disturbing fact is the size of the chlorine poisoning operation in which an 18-foot open motor boat and several sets of dive gear were used to disperse dozens of small pre-packed plastic bags of the chemical poison.

This incredibly wasteful practice is the sort of thing you often see in Third World countries. It has no place there, and it has no place in Hawaii's waters.

A good fisherman does not have to resort to this type of practice. An ethical fisherman would never even consider destroying part of a reef just to put money in his pocket.

This "take-all" method is also inconsistent with Hawaiian tradition to take only what you need and to leave behind enough for future generations.

In fact, our state through the Legislature banned the use of chlorine and other chemicals in 1955 because Hawaii's people recognized its use in fishing as too destructive and indiscriminate. Yet this practice continues.

Hawaii's precious resources are declining at an alarming rate and this particular type of activity wipes out both targeted and non-targeted species. In addition, coral and live rock damaged or killed by the chlorine will take years to recover. Fish used for home consumption are wasted and a natural habitat is lost.

Community involvement is crucial to the sustainability of our natural resources. This case is a prime example of how the people of Hawaii can assist in our efforts to catch and prosecute resource violators. Our goal is to sustain critical fish species like those killed illegally by these fishermen. We thank the anonymous caller who brought us one step close to attaining that goal of sustaining these precious resources for future generations.

AS an ocean state, Hawaii's nearshore waters are arguably our most precious natural resource, a major source of food and recreation for residents, and key to attracting visitors. If we are to preserve this treasure for our children and grandchildren, this kind of thoughtless practice cannot continue.

Unfortunately, we know that this is not an isolated incident. There are other people across the state who still use chlorine to catch fish.

The judge's decision sends the wrong message to these violators -- that this kind of disregard for our living marine animals can occur with only mild consequences. Unless these kinds of cases are dealt with more seriously, other violators will have little motivation to change their ways.


Michael Wilson is director of the state
Department of Land and Natural Resources.




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