The Board of Land and Natural Resources voted to accept a settlement in a case involving three men who were found with 4,068 opihi taken from the Kaupulehu Marine Reserve, a designated no-take area on Hawaii Island.
How the case unfolded
Division of Aquatic Resources staff reported the discovery after officers intercepted the men in September. The reserve prohibits any harvesting or fishing within its boundaries while a broader fisheries management plan is being developed.
Authorities identified the three men as Brandon Carvalho, Kaipo Botehlo-Matthey and Keaupililani Solomon-Lewis. According to enforcement records, Carvalho told officers he believed the no-take rule had expired; Botehlo-Matthey acknowledged that the group had entered the reserve; Solomon-Lewis declined to speak with officers. The men told investigators they had been collecting the limpets for family celebrations.
“This was a learning opportunity for all involved and now there are clear lines of communication between that office, DOCARE, DLNR’s legal fellows and the Department of the Attorney General’s Land Division.”
Enforcement, penalties and prosecutorial handling
Under state rules, violations in the West Hawaii Fishery Management Area, including taking marine life from Kaupulehu, are classified as petty misdemeanors. The Division of Aquatic Resources noted that criminal charges were dropped after the Hawaii County Prosecuting Attorney’s Office incorrectly concluded there were no applicable criminal penalties.
Agency officials said the maximum statutory fine could have been as high as $1,000 per opihi, a theoretical total exceeding $4 million, but called such an amount excessive. Instead, the board moved to settle the matter for a substantially smaller amount after weighing enforcement and cultural considerations.
Regulatory context and local impact
State rules require legally harvested opihi to meet a minimum size — at least 1 1/4 inches in diameter — but the agency did not size the shells seized because they were taken from a protected area. The Kaupulehu reserve remains under its no-take designation until rulemaking for a comprehensive fishery plan is completed.
- Location: Kaupulehu Marine Reserve, West Hawaii Fishery Management Area
- Number of opihi seized: 4,068
- Alleged participants: Brandon Carvalho, Kaipo Botehlo-Matthey, Keaupililani Solomon-Lewis
| Item | Detail |
|---|---|
| Reserve status | No-take zone (harvest prohibited) |
| Legal classification | Petty misdemeanor for violations in the management area |
| Minimum legal size for opihi | 1 1/4 inches (when legally harvested) |
The incident highlights tensions that can arise when traditional or family uses of marine resources intersect with conservation rules designed to protect sensitive habitats. The board’s settlement reflects a balance the state is attempting to strike between enforcement, cultural practices and practical penalties while the larger fisheries management rulemaking proceeds.
Because the case exposed gaps in communication between enforcement agencies and prosecutors, officials said it prompted improved coordination among DOCARE, DLNR legal staff and the Department of the Attorney General’s land division.
The decision to resolve the matter through settlement, rather than pursue higher fines or reinstated criminal charges, will likely shape how similar incidents are handled while West Hawaii’s fishing rules remain under revision.
