March 23, 2017 — A federal judge in Honolulu has ruled that the decision to reduce the area off-limits to large vessels along the coast of American Samoa “is invalid,” clearing the way for exclusive access by local fishermen and small boats.
U.S District Court Judge Leslie E. Kobayashi also ruled that National Marine Fishery Service’s change of the rule “was arbitrary and capricious.”
Fishing waters had been preserved for the local “alia” — or small boat — fishing fleet from the shoreline out to 50 miles since 2002. Last year, the National Marine Fishery Service reduced the large-vessel-protected area, or LVPA, to 12 miles from the shoreline, allowing vessels 50 feet and longer to net hauls once reserved for local fishermen.
The plaintiffs, through the American Samoa government, filed the lawsuit in March 2016 arguing that American Samoa’s cultural fishing rights are found in the two Deeds of Cession — the 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the U.S.
The defendants, who include the National Oceanic and Atmospheric Administration, countered in court documents that deeds say nothing, about fishing or marine resources and “that silence should not be read to establish rights.”
In a 42-page ruling issued Monday, Kobayashi says the Deeds of Cession require the United States to respect the American Samoans’ customary practices — such as fishing — even though the deeds do not specifically identify the practices.
American Samoa Gov. Lolo Matalasi Moliga said he hopes the case serves as a reminder to the federal government that “we have rights and they should not be easily dismissed.”
American Samoa Attorney General Talauega Eleasalo Ale, who appeared for the territorial government at federal court during oral arguments last month, describes the ruling as “thorough and well-reasoned.”
Read the full story from the Associated Press at the New Jersey Herald