Saving Seafood

How Foreign Crews Are Able To Work Aboard US Fishing Boats

September 22, 2016 — Foreign crew members reportedly working in slave-like conditions for monthly wages as low as $350 would not have found their way onto Hawaii’s longline fishing boats without an exemption carved into the law almost 30 years ago, according to longtime industry leaders, federal officials and government records.

Today, almost all the vessels in the longline fleet have entirely foreign crews.

It wasn’t always that way.

As the Cold War was coming to an end in the late 1980s, there was a push to “Americanize” the country’s fishing fleets by instituting requirements similar to those imposed under the Jones Act on vessels engaged in coastwise trade — namely, that U.S.-flagged ships be built in the U.S. and crewed by U.S. citizens.

Congress passed a bipartisan bill to that effect, and President Ronald Reagan signed it in 1988 as the Commercial Fishing Industry Vessel Anti-Reflagging Act.

But the legislation exempted commercial fishermen fishing for highly migratory species, such as tuna and swordfish, from the law’s requirement that U.S. citizens comprise at least 75 percent of each crew.

At about the same time, the longline industry — then comprised of just a few dozen vessels — and more established purse seiners were leaving the West Coast to set up shop in Hawaii and Pacific Island territories. 

They left because of depleted stocks and, in the case of purse seiners, pressure to stop killing so many dolphins. 

The purse seiners were setting their huge nets, up to 500 yards deep, around schools of tuna near pods of dolphins. It created a national controversy that led to new restrictions and “dolphin-safe” tuna.

The longline boats, which catch fish by extending miles of line with thousands of hooks, initially remained strictly crewed by U.S. citizens. This changed as the fleet grew and it became harder to find local residents willing to work on the boats. Fuel prices also soared after Iraq invaded Kuwait in 1990, adding to operational costs.

This spurred the longliners to take advantage of the foreign-crew exemption that had been pushed by members of Congress from the West Coast who were looking after the purse seiners’ interests, said Jim Cook, who co-owns several longline fishing vessels, a marine supply store and fish restaurant at Pier 38 in Honolulu. 

“It slowly infiltrated our fleet,” he said.

The longline industry now includes roughly 140 vessels, nearly all of which are ported in Honolulu, and most have entirely foreign crews, according to industry leaders and federal officials.

Read the full story at the Honolulu Civil Beat

Fishing Industry Says It’s Working To Stop Abuse Of Foreign Crews

September 21, 2016 — Hawaii longline industry leaders say they have formed a task force and hired an expert on slavery in response to media reports about human trafficking, forced labor and poor working conditions aboard some of their boats. 

“We’re trying to get a sort of fleet assessment, get our arms around the problem and see where we’re going to take it,” said Jim Cook, who owns several longline fishing boats and serves on the Hawaii Longline Association board of directors.

He said Monday that the goal is to weed out the “bad actors,” in part by requiring a universal crew contract that incorporates international norms to address forced labor. That contract is being finalized and should be “ready to rock” in the next couple days, Cook said.

Starting Oct. 1, the Honolulu Fish Auction won’t let fishermen unload tuna and swordfish unless they have a signed contract as well as copies of their passports and I-95 Crewman’s Landing Permits from U.S. Customs and Border Protection.

“The auction has taken a zero-tolerance stance for fishing vessels involved in forced labor,” said Michael Goto, a task force member from the United Fishing Agency, which runs the fish auction.

The task force also includes John Kaneko, program manager of the Hawaii Seafood Council, Khang Dang, president of Quota Management, and Katrina Nakamura, who was also hired as a consultant to provide guidance to the industry. She has developed criteria to address working conditions, such as amount of time off, whether the employee is bonded by debt and where the payments for their work are going.

Read the full story at the Honolulu Civil Beat

Stricter standards for Hawaii’s longline fishing fleet

September 20, 2016 — More oversight and regulations are requested by outside groups and the industry itself.

After reports of slavery and unsafe working conditions, the industry takes steps to reel in problem boats and protect contract workers.

Unlike regular jobs, the fishing day ends when all the lines are back in, recovering broken lines, or hauling in completely full ones, making the long days even longer.

“Fishing is a brutal industry,” said Jim Cook, Hawaii Longline Association. “We have the highest fatality rate of anyone in the industry. We have working hours that the average person couldn’t come to grips with.”

After facing allegations of forced labor and poor working conditions on some boats, the Hawaii Longline Fishing Industry hopes to set standards for all crews to follow, including inspections of boats, questionnaires of workers to make sure conditions are safe, and proper documents; that includes a standardized crew contract.

If not come October 1st, they won’t be allowed to sell their catch at the Honolulu Fish Auction.

“We want you to show us your crew contracts, your I-95 & passports, prior to unloading, and if you don’t – you don’t get to unload,” said Cook.

The changes won’t shorten the long hours of fishing or hard work involved, but will make set standards for the industry.

“If there are outliers out there in this community, bad actors, we’re going to discover them. We’re going to find them,” said Cook.

Read the full story at KITV

HONOLULU CIVIL BEAT: Inquiry, Intervention Needed Now In Fishing Exploitation

September 20, 2016 — A human rights outrage that has quietly simmered below the public consciousness in recent years exploded on the national scene just days ago when the Associated Press disclosed near slavery conditions for foreign workers on American fishing boats in Honolulu and San Francisco.

A six-month investigation by Pulitzer Prize winners Martha Mendoza and Maggie Mason corroborated what has been known by senior U.S. officials and the Hawaii restaurant industry, among others, for years: U.S. flagged boats employ undocumented men, confining them to the ships sometimes for years because they lack the required visas to permit them to come ashore.

They’re paid as little as 70 cents an hour and often work 20 hours a day at backbreaking, sometimes dangerous tasks with the approval of the U.S. government but none of its legal protections.

As Civil Beat’s Washington, D.C., columnist Kirsten Downey reported Friday, the report has prompted the U.S. Department of Labor to investigate, with U.S. Sen. Brian Schatz and Rep. Tulsi Gabbard pushing for immediate action to provide protections for the workers. Congressional candidate Colleen Hanabusa called for the U.S. Department of Homeland Security to investigate, as well — it is home to the Coast Guard and Immigration and Customs Enforcement.

According to the AP report, Sen. Mazie Hirono sought to provide some help through legislation that would permit the fishers to fly into the United States. That would expand the transit visas already allowed the men, who are permitted to fly home from the Honolulu airport, despite technically never having legally entered the United States. But even that modest assistance did not pass.

Hanabusa and Schatz both made the point that, thus far, the matter consists of media findings that must be officially investigated. That’s of course necessary and appropriate, as well as long overdue.

Read the full editorial at the Honolulu Civil Beat

Hawaii lawmakers promise reform for confined fishermen

September 19th, 2016 — State and federal lawmakers are promising to improve conditions for hundreds of foreign fishermen working in Hawaii’s commercial fleet, and at least one company has already stopped buying fish from the boats following an Associated Press investigation that found the men have been confined to vessels for years without basic labor protections.

Whole Foods halted buying seafood caught by foreign crew until it’s clear the men are treated fairly. On Sunday, the Hawaii Seafood Council said that starting Oct. 1, the Honolulu Fish Auction will sell fish only from boats that have adopted a new, standardized contract aimed at assuring no forced labor exists on board.

The AP report found commercial fishing boats in Honolulu were crewed by men from impoverished Southeast Asia and Pacific Island nations who catch prized swordfish, ahi tuna and other seafood sold at markets and upscale restaurants across the country. A legal loophole allows them to work on the American-owned, American-flagged boats without visas as long as they don’t set foot on shore. The system is facilitated by the U.S. Coast Guard and Customs and Border Protection.

While many men appreciate the jobs, which pay better than they could get back home, the report revealed instances of human trafficking, tuberculosis and food shortages. It also found some fishermen being forced to defecate in buckets, suffering running sores from bed bugs and being paid as little as 70 cents an hour.

On Capitol Hill, Hawaii’s congressional delegation — U.S. Sens. Mazie Hirono and Brian Schatz along with Rep. Tulsi Gabbard, all Democrats — said they were exploring legislative solutions after being startled by the findings about the state’s $110 million industry, which ranks fifth among the country’s highest-grossing fisheries.

“It is completely unacceptable that the inhumane treatment of any workers, foreign or not, is legal under U.S. federal law,” Hirono said in a statement.

In Honolulu, state Rep. Kaniela Ing, chair of the Ocean, Marine Resources and Hawaiian Affairs committee, asked state Attorney General Doug Chin to weigh in on whether boat owners should be regulated under Hawaii rules. If so, Ing said there would likely be an injunction ordered to halt labor or business violations. If not, he said he would introduce legislation to protect the workers, who labor up to 22 hours a day.

Read full story from The Missourian

HAWAII: US Labor Dept. To Look At Fish Fleet Conditions

September 19th, 2016 — The U.S. Department of Labor is investigating reports of abusive labor conditions affecting foreign workers on American fishing vessels in Hawaii, Civil Beat has learned.

A Labor Department official said the agency is “deeply disturbed” by news reports about the long hours, low wages and inhumane living conditions suffered by up to 700 workers from Southeast Asia and the Pacific islands. The official said the agency was reaching out to other U.S  government agencies to try to figure out what to do about it.

“The Department of Labor is committed to ensuring that workers are treated with respect, fairness, and dignity,” said Labor Department spokesperson Jason Surbey in an emailed statement.

A widely published report by the Associated Press found that some workers are held in prison-like captivity at the piers of Honolulu and San Francisco when the ships are being unloaded. When at sea, the AP reported, they work up to 20 hours a day at wages as low as 70 cents an hour.

Some officials in Hawaii were apparently aware of the issues to some extent because many state and federal agencies share jurisdiction over the fishing industry on issues of employment, business licensing, regulatory oversight and coastline protection.

Kathryn Xian, executive director of the Pacific Alliance to Stop Slavery, said she became aware of the labor abuses and physical confinement of the workers in early 2014, when she was contacted by a family member of a fisherman who felt trapped by his employer. She said she subsequently learned of “egregious” employment conditions in the fleet.

Gavin Gibbon, a spokesperson for the National Fisheries Institute trade group, said the employment practices on the vessels as described in the report are “entirely unacceptable.”

He said visa programs allow for migratory and seasonal workers “but in no cases do they allow for abuses of the kind the Associated Press has described.”

Read full story from Civil Beat

Fishing industry pushes back following questions about labor practices

September 15, 2016 — HONOLULU — Allegations of harsh treatment of workers in Hawaii’s longline fishing fleet have made headlines nationally.

Now, the industry is defending itself, one day after a grocery store chain stopped buying tuna from Hawaii’s fish auction.

There are 140 longline boats and 700 fishermen in Hawaii’s fishing fleet. The undocumented workers’ employment is legal.

“It’s a very in-demand job for them,” Hawaii Longline Association president Sean Martin said.

University of Hawaii professor Uli Kozok interprets for Indonesian fishermen. He’s heard complaints of physical abuse aboard the boats.

“They’re quite a few stories that I’ve heard where fishermen were beaten by the captain or by the first officer,” he said.

He said fishermen complain of insufficient food and third-world working conditions.

Martin thinks the allegations are unfounded.

“It’s a long ways from slave labor and human trafficking,” he said.

He insists the fishermen are treated fairly and humanely.

“The idea that there’s these abuses going on and nobody knows about it and they haven’t been reported — I can’t buy it,” he said.

Immigration attorney Clare Hanusz helped a foreign fisherman who sustained a serious eye injury.  He claimed his captain refused to take him to the doctor.

“So I asked the man could you go and show me what kind of medication that you had been given. He went back on the boat and came back with a vial of Visine,” she said.

The fishermen sign contracts to work for $500 a month.

Read the full story at Hawaii News Now

Whole Foods drops Hawaii fish auction until it proves fair boat labor

September 14, 2016 — Whole Foods has suspended buying fish from the Hawaii fish auction amid concerns over the labor practices of some fishing vessels.

It’s an issue Always Investigating first reported on back in 2013 and is now getting national attention.

Fishermen describe horrid working conditions, rock bottom pay, and even allegations of international crew captivity aboard some of the boats that dock at Honolulu Harbor.

Industry watchers say the Whole Foods move could be just the first of many, and the fish auction is already working on a system to weed out vessels with unfair labor practices.

Telling Always Investigating they have “zero tolerance for human rights abuses,” Whole Foods said Tuesday: “We have suspended purchases of the small amount of fish we source from the Hawaiian seafood auction until we can ensure the working conditions on these boats align with our core values.”

Whole Foods may call it “small,” but it’s a big deal down on the docks.

“We’d hate to lose such a prominent customer as Whole Foods,” said United Fishing Agency’s auction manager Michael Goto. “To rekindle that relationship, to get them back on board saying we respect the Hawaii fleet enough that we can bring their product back into our stores and sell it to our customers with confidence, that’s our goal.”

Sources say other major retailers are weighing the same move.

“We hope that Whole Foods’ action to directly address the labor abuses will start a domino effect,” said Kathryn Xian of the Pacific Alliance to Stop Slavery.

Read the full story at KHON 

Hawaii Prepares Plan to Help Coral Recover From Bleaching

September 9, 2016 — KANEOHE, Hawaii — Hawaii officials proposed a series of steps to fight coral bleaching that’s threatening the state’s reefs, including new marine protected areas, limits on fishing and controlling polluted runoff from land.

Hawaii’s ocean temperatures have been rising as greenhouse gases in the atmosphere have increased, forcing corals to expel algae they rely on for food. Vast stretches of reef have turned white over the past two summers, increasing the risk that the coral will get sick and die. Some already have died.

It’s a serious concern for the health of the ocean because coral reefs provide habitat for fish and other marine life, scientists say. Severe or concurrent years of bleaching can kill coral reefs, as has been documented over the past two years in oceans around the world. Scientists expect a third year of bleaching to last through the end of 2016.

Bruce Anderson, the state Division of Aquatic Resources administrator, said addressing polluted runoff is difficult, noting it would cost millions of dollars to create artificial wetlands that would help control runoff. Fishermen in the past have also resisted moves to limit their catch.

But Anderson said the coral bleaching crisis presents an opportunity.

“We are going to have future bleaching events, and the water is going to get warmer. And it’s going to happen again and again,” he said Thursday. “So our challenge is to prevent the impacts of bleaching as much as we can and also to help the reefs recover.”

Read the full story from the Associated Press at ABC News

JOHN SACKTON: If it is Unethical in Thailand, It is Unethical in Hawaii Also

September 8, 2016 — SEAFOOD NEWS — Charlie Nagle said it best:  We “do not and will never knowingly source from vessels that mistreat their crew.” The Nagle family has been in the fish business on the Boston Fish Pier for 130 years.

The AP report on the imprisonment of foreign fishermen on Hawaiian vessels is a wake-up call.  No seafood buyer will tolerate abusive conditions for fishermen, whether the result of a legal loophole or not.

The US has been highly critical of Thailand, where abusive labor practices and human trafficking in the seafood industry earned worldwide condemnation and resulted in changes in laws and in close audits of the supply chain.

In New Zealand, documentation of abusive labor practices on offshore vessels led to changes in the law and requirements that crews on these boats be free from unfair labor contracts, be paid according to New Zealand laws, and through New Zealand bank accounts out of reach of the labor brokers who hired them.

Can we expect anything less in Hawaii?

The fishermen in question are hired overseas, brought to Hawaii by boat never having set foot in the US, and then kept onboard for months without any possibility of coming ashore while their vessels dock in Hawaii and California.  They are paid as little as $0.70 per hour.

The AP report says that “under the law, U.S. citizens must make up 75 percent of the crew on most American commercial fishing boats. But influential lawmakers, including the late Hawaii Sen. Daniel Inouye, pushed for a loophole to support one of the state’s biggest industries. It exempted Hawaiian commercial fishing boat owners from federal rules enforced almost everywhere else.

Thus the workers in Hawaii, who catch $110 million worth of seafood annually, are paid as little as 70 cents an hour. They are detained on boats by captains who are required by law to hold their passports. That potentially goes against federal human trafficking laws saying bosses who hold workers’ identification documents can face up to five years in prison.”

The Hawaiian tuna and mahi fleet has no excuse.  They can either find fishermen and pay them a US wage, or stop selling to most US markets.

It is simply not acceptable for buyers to express huge concern about fishery labor abuses in Thailand, and ignore those that legally take place in Hawaii.

The fact that these workers can’t come ashore due to lack of visas doesn’t excuse the practice of holding these men on vessels who have no opportunity to leave, nor any opportunity to change their work situation or demand higher pay.  All the condemnation of labor agents and traffickers that supply labor to Thai fishing boats applies to these vessels in Hawaii also.

Undoubtedly the AP story will lead to a change in laws.  But the seafood industry, including the Hawaii longline fleet, cannot wait until then.  They must reform this practice immediately, or shut down.  There is no middle ground.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.