September 21, 2020 — The Hawaii Supreme Court heard arguments Friday on the legality of granting licenses to foreign workers in Hawaii’s longline commercial fishing fleet, which for years has been under scrutiny after an Associated Press investigation revealed claims of human trafficking and questionable labor practices.
The case involves the issuance of Hawaii state commercial fishing licenses to individual foreign fishermen who are not “lawfully admitted” to the United States.
State law says only those legally in the country can get licenses to catch and sell marine life, but the workers do not have visas to enter the U.S. so they are ordered to live onboard the fishing boats by federal officials. They must eat, sleep and work on the boats, often for years at a time, and are subject to deportation.
Friday’s hearing stems from a petition that was filed by a Native Hawaiian fisherman who sought to have the state enforce a statute that declares only people who are in the U.S. legally can acquire commercial fishing licenses.
The petition was denied by the Hawaii Department of Land and Natural Resources, which issues the permits, and a lower court upheld the ruling before the Supreme Court agreed to hear the case.