Saving Seafood

Hawaii legislature kills bills tightening rules on commercial fishing licenses

March 9, 2017 — Two separate legislative efforts to increase state oversight of commercial fishing licenses in Hawaii, initiated in response to an Associated Press investigation into the working conditions of foreign fishermen in the Hawaiian fleet, have failed to advance.

One bill would have required fishing license applicants to apply in person, “creating a logistical barrier because most of Hawaii’s foreign fishermen are confined to their boats,” according to the AP. Supporters of the bill said that interaction would give foreign fishermen “a chance to tell state officials if they were victims of human trafficking or having problems such as withheld wages,” the article reported.

The second bill had called for records of employment and fishermen contracts to be retained with the state Department of Land and Natural Resources.

However, following opposition by the Hawaii Longline Association, which argued that state officials should not be put in the position of having to review labor contracts, Hawaii’s House Judiciary Committee and Senate Committee on International Affairs and the Arts deferred action on the legislation, making the bills ineligible for further consideration in the state’s current legislative session.

“I think we all share an interest to ensure that there’s safety for the crews of these boats, but we just felt like the bill was more of a federal issue,” state Rep. Scott Nishimoto told ABC News. “I read through the bill and I didn’t really see how collecting contracts in different languages would do anything to ensure their safety.”

Read the full story at Seafood Source

Hawaii agency opposes rule change for foreign fishermen

October 14th, 2016 — A group of Hawaii residents want to change local rules for issuing commercial fishing licenses and make the process more transparent after an Associated Press investigation found that hundreds of undocumented fishermen work in the fleet.

A federal loophole allows the foreign men to work but exempts them from most basic labor protections, and some residents are concerned that state rules offer little transparency and leave workers in the dark.

State and federal lawmakers promised to improve conditions for the foreign crews, and at least one company stopped buying fish from the boats immediately following the AP investigation.

The petition asks for rule changes that include certifying that license applicants understand and have read the paperwork they are signing, but a state agency recommends the changes not be implemented.

The foreign fishermen who work in the fleet often do not read, write or understand English and therefore cannot legitimately agree to terms of the license, petitioners said Wednesday.

In a document signed by Bruce Anderson, the administrator for the Division of Aquatic Resources, the department recommends denying the rule changes because the petition focuses on labor issues that are outside the department’s jurisdiction.

“We believe that a requirement that the applicant certify the he or she understands the application, or alternatively, certification from a person assisting the applicant the he or she has read the application and translated its terms to the applicant, is unnecessary,” the document said. “The applicant would be required to comply with all terms and condition of a commercial marine license.”

In a statement issued Thursday by the Hawaii Department of Land and Natural Resources, Anderson reiterated his comments and discussed the issue further.

“While we are clearly concerned about recent media reports regarding working conditions on fishing vessels, our responsibilities currently involve enforcing DAR (Division of Aquatics) CML (commercial marine licensing) rules and any violations associated with the Joint Enforcement Agreement with NOAA (National Oceanic and Atmospheric Administration,” Anderson said.

“It is absurd that DLNR will grant a fishing license in the expectation that the applicant will observe its terms and conditions when the applicant may never have seen or read the original application,” said Oahu resident Larry Geller in a statement emailed Wednesday. Geller was among a group to sign the petition.

Read the full story from the Associated Press at The New Jersey Herald 

Western Pacific Regional Fishery Management Council Asks for Transparent Analysis of Proposed Marine Monument Expansion

August 8, 2016 — The following is excerpted from a press release from the Western Pacific Regional Fishery Management Council addressing transparency in the proposed marine monument expansion. In particular, the release highlighted the failure by White House officials to fulfill promises made during the expansion of the Pacific Remote Islands Monument in 2014:

The Western Pacific Regional Fishery Management Council on Wednesday agreed to a resolution that asks the U.S. government to address a suite of concerns before acting on the proposed expansion on the Papahānaumokuākea Marine National Monument (MNM) in the Northwestern Hawaiian Islands. Council members Suzanne Case, Hawaii Department of Land and Natural Resources chair, and Julie Leialoha, Conservation Council for Hawaii president, voted against the proposal. National Marine Fisheries Service (NMFS) Pacific Islands Regional Administrator Michael Tosatto abstained.

The resolution requests a “public, transparent, deliberative, documented and science-based process” to address the proposed expansion, which could prohibit fishing in two-thirds of the U.S. exclusive economic zone (EEZ), i.e., waters out to 200 miles from shore, around Hawaii. The resolution is being sent to President Obama, the White House Council on Environmental Quality (CEQ) and the Secretaries of Commerce, the Interior and State.

The Council’s resolution also requests that the U.S. government address the resources and tools needed to effectively manage and administer an expanded monument and to specify the technical, scientific and socioeconomic costs and benefits from monument expansion on marine resources, residents of Hawaii and the nation.

If any designation is made under the Antiquities Act of 1906 to proclaim an expanded monument, the Council recommends that the Magnuson-Stevens Fishery Conservation and Management Act process continue to be used to develop, analyze and implement fisheries management in the U.S. EEZ waters enclosed by the monument.

Council Executive Director Kitty M. Simonds noted that the Homeland Security Department and U.S. Coast Guard did not receive additional enforcement assets to monitor the Pacific Remote Islands MNM after it was expanded in 2014, despite White House statements that additional enforcement would be provided.

Council members John Gourley of the Commonwealth of the Northern Mariana Islands (CNMI) said promises made by the White House and Pew Charitable Trusts during the 2009 creation of the Marianas MNM were also not fulfilled, such as the construction of a monument visitors’ center and increased jobs, tourism and revenue.

Read the full release from the WPRFMC here