Saving Seafood

Hawaii: Longliners codify ethics in push-back against human rights allegations

April 9, 2018 — Stung by lingering allegations of human trafficking and forced labor, the Hawaii fishing industry has developed a formal code of conduct, crew handbook and model employee contract aimed at protecting the workers aboard its fleet of more than 140 vessels.

“It makes the most amount of sense that we give the public a certain degree of confidence that none of this is happening in our industry,” said Khang Dang, owner of 22 fishing boats and a member of the Hawaii Longline Association board of directors.

The documents — available in five languages and distributed to fishermen in the harbor last week — are designed to let the largely foreign ranks of contract fishing crew members clearly understand their rights, benefits and grievance procedures while they are working in Hawaii.

The Hawaii Longline Association initiated the effort following a September 2016 Associated Press investigation that brought national attention to allegations of forced labor, human trafficking, mistreatment and unsafe conditions.

The owners of the boats that make up the Pacific fishing fleet based in Honolulu were portrayed as taking advantage of a loophole in federal law to abuse foreign workers via inhumane working conditions, broken contracts and lousy pay.

The report prompted wholesale buyers and retailers to question whether the fish being sold was ethically sourced and led to an effort by state lawmakers to propose leveraging state fishing licenses to improve conditions in the industry.

Read the full story at the Honolulu Star Advertiser

 

Foreign fishermen settle human trafficking suit

January 3, 2018 — Two Indonesian fishermen who say they were enslaved on an American fishing boat have settled their lawsuit against the vessel’s owner seven years after escaping and receiving special U.S. visas as victims of human trafficking, their lawyers told The Associated Press on Wednesday.

The attorneys said Sorihin, who uses just one name, and Abdul Fatah settled their lawsuit against Thoai Van Nguyen, the California-based owner and captain of the Sea Queen II.

The settlement outlines steps Nguyen must take to continue to fish but does not disclose a financial award. The captain denies all allegations of abuse or human trafficking and has always followed federal laws when employing foreign crews, Nguyen’s attorney said.

The lawsuit filed in U.S. court in San Francisco claimed the men were trafficked through the Hawaii longline fishing fleet and forced to work on the boat around Hawaii and off the shores of California.

Citing federal and international human trafficking laws, the suit sought an unspecified amount of money for fees they paid and compensation they were promised along with damages for mental anguish and pain.

The lawsuit was being prepared as a 2016 Associated Press investigation revealed the Hawaii fleet operates under a loophole in federal law that allows owners to use foreign laborers with no work visas or the ability to legally enter the United States. The lawsuit was in the works when the AP reported on the men’s ordeal.

Read the full story from the Associated Press at the Washington Post

 

Sylvia Spalding: Congressman Was Wrong About Lobbying

October 10, 2017 — The Honolulu Civil Beat article “Congressman Blasts Fishery Council for ‘Improper Lobbying’” by Kirstin Downey repeats unsubstantiated and serious allegations of Congressman Gregorio Sablan (D-CNMI). These allegations could have been clarified through review of the procedures and regulations of the Western Pacific Regional Fishery Management Council, which are publicly available.

Green sea turtle petition: After considering the improved abundance and distribution information on Hawaii green sea turtles, the Council voted to direct Council staff to assist in the preparation of a request to the National Marine Fisheries Service to classify the population as a Distinct Population Segment as a step toward potential delisting.

The Council routinely makes conservation and management recommendations related to fisheries stocks, protected species and marine ecosystems, as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Read this full opinion piece at the Honolulu Civil Beat

Federal Court Sides With American Samoa Over Large Vessel Protected Area

August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.

MOTION DENIED

“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”

According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.

BACKGROUND

Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.

Read the full story at the Pacific Islands Report

Hawaiian fisherman sues to restrict foreign fishing licenses

August 3, 2017 — HONOLULU — A Native Hawaiian fisherman is asking an environmental court to stop Hawaii officials from issuing commercial fishing licenses to those who aren’t legally admitted into the United States.

Malama Chun, a Maui resident who fishes as a cultural practice, filed an appeal on July 27 of a state Board of Land and Natural Resources decision denying his petition. Chun filed his petition in April in response to an Associated Press investigation that found hundreds of foreign fishermen confined to boats and some living in subpar conditions. Hawaii grants the foreign fishermen licenses to fish, but they aren’t allowed to enter the country.

The board, which regulates fishing licenses, denied the petition last month without a hearing. Chun didn’t show how not issuing the licenses would address his concerns about overfishing and cultural practices. His attorney, Lance Collins, said Tuesday that because the board made a decision without holding a hearing or conducting any fact-finding, the board must take all stated facts as true.

Read the full story from the Associated Press at the Gloucester Times

U.S. Commerce Department, Fisheries Service Ask Court To Reconsider Finding On American Samoa Large Vessel Protection Area Case

May 12, 2017 — By holding that the Deeds of Cession require the United States to preserve American Samoan cultural fishing, the federal court created a new requirement that National Marine Fisheries Service’s fishing regulations protect “cultural fishing practices” in the U.S. Exclusive Economic Zone (EEZ) around American Samoa, according to federal defendants in the large vessel prohibited area (LVPA) lawsuit.

The federal defendants, including the US Commerce Department and NMFS, made the argument in its 99-page motion and support documents filed yesterday with the Honolulu federal court, which was requested to “reconsider and amend” its judgment “with respect to two issues — standing and remedy.”

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG.

US District Court Judge Leslie Kobayashi in March this year ruled in favor of American Samoa, saying that the NMFS’ decision in 2016 to reduce the LVPA in territorial waters is invalid and that NMFS’ adoption of the 2016 LVPA rule, which became effective on Feb. 3, 2016 “was arbitrary and capricious”.

The major focus of the plaintiff’s lawsuit centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the United States.

Read the full story at Pacific Islands Report 

Amendment to Billfish Conservation Act Would Shutdown U.S. Markets, WESPAC expresses opposition

April 4, 2017 — The following was released by the Western Pacific Regional Fishery Management Council: 

The Western Pacific Regional Fishery Management Council recently concluded its 169th meeting in Honolulu, during which S.396, an amendment to the Billfish Conservation Act (BCA), was discussed. The proposed amendment would shut down the long established U.S. market for U.S. fisheries operating within the Western Pacific Region (Hawaii, American Samoa, Guam and the Northern Mariana Islands).

North Pacific blue marlin, which comprises the largest component of non-swordfish billfish landings in the Western Pacific Region, is not experiencing overfishing nor is it in an overfished condition. In the Atlantic, blue marlin is both overfished and is subject to overfishing. Marlin and other billfish sent from Hawaii to the US mainland are required to have a Billfish Certificate of Eligibility (COE), which identifies the fishing vessel, its homeport and the port and date of offloading. Hawaii markets about 550,000 lbs. of billfish per year to the U.S. mainland, worth about $600,000 annually in wholesale value. The Western Pacific Region also has an industry of value added billfish products such as smoked marlin and marlin paté, jerky and sausages.

The Council voted to send a letter to the Secretary of Commerce on the stock status of Pacific billfish and the economic impact of the introduced amendment. The Council also noted that US mainland sport fishing tournaments target billfish and is requesting that the National Marine Fisheries Service  provide information on the estimated number of billfish killed in these US mainland tournaments and whether or not the billfish retained goes to local consumption.

Read the full letter to Secretary of Commerce Wilbur Ross here

Feds to Reopen Papahanaumokuakea to Fishing?

March 27, 2017 — The following was released by the Western Pacific Regional Management Council: 

The Western Pacific Regional Fishery Management Council concluded its three-day meeting in Honolulu with a suite of recommendations, many of which are focused on keeping U.S. fishing grounds open to sustainably managed U.S. fisheries.

The council includes the local fishery department directors from Hawaii, American Samoa, Guam and the CNMI, fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.

Marine national monuments, national marine sanctuaries, other marine protected area designations and Department of Defense training are among the uses that are increasingly closing off fishing grounds in U.S. waters.

Council Chair Edwin A. Ebisui Jr. clarified that council communications to the administration about impacts of marine national monuments on fisheries are not lobbying.

Some environmental activists recently made misleading statements about this in regards to a letter to President Trump prepared on March 1, 2017, by the Council Coordination Committee or CCC. The CCC includes the chairs of the nation’s eight regional fishery management councils. The letter details the impact of designations of Marine National Monuments under the Antiquities Act in the Atlantic and Pacific Oceans and was submitted to the president after conferring with the NOAA Office of General Counsel.

Read the full story at The Hawai’i Free Press 

Hawaii bill targeting commercial fishing industry dies

March 2nd, 2017 — A Hawaii bill that sought to change the way commercial fishing licenses are granted died after industry representatives told lawmakers it would wreck the business.

The bill sought more oversight of the fishing industry, but that’s the role of the federal government, not the state, said state Sen. Brian Tanighuchi, chairman of the Senate Committee on International Affairs and the Arts.

Two committees including Taniguchi’s deferred the bill indefinitely Wednesday, killing it for the legislative session.

The bill sought to restrict commercial fishing licenses to people who are legally allowed to enter the U.S., a redundant move because that already is codified. But despite what’s currently in the law, the state issues fishing licenses to the men.

The bill also would have required fishing license applicants to appear in person, creating a logistical barrier because most of Hawaii’s foreign fishermen are confined to their boats. Supporters 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.

“It’s hard to set up a whole government procedure to just maybe bump into that problem when you have a federal agency that’s actually supposed to enforce that,” Taniguchi said after the hearing.

The bill was introduced after an Associated Press investigation found some foreign fishermen working without most basic labor protections while catching premium seafood. The 2016 investigation also found that foreign fishermen were confined to the boats while docked in Honolulu.

Read the full story from the Associated Press at Baynews9.com

Feds to Analyze Environmental Impacts of Western Pacific Longline Fisheries for Bigeye and Tuna

February 17, 2017 — SEAFOOD NEWS — HONOLULU — The National Marine Fisheries Service (NMFS) announced on Monday that it will prepare a Programmatic Environmental Impact Statement (PEIS) on the U.S. Pacific Island deep-set tuna longline fisheries, which target bigeye tuna.

The PEIS will analyze the environmental impacts of management of deep-set tuna longliners, which operate out of Hawaii, American Samoa, and the U.S. West Coast. The need for the proposed action is to manage deep-set tuna longline fisheries under an adaptive management framework that allows for timely management responses to changing environmental conditions, consistent with domestic and international conservation and management measures.

The PEIS will be developed in coordination with the Western Pacific Fishery Management Council based in Honolulu.

Tuna longline fisheries use two distinct gear types: shallow-set vessels target swordfish near the surface and deep-set vessels target tunas deeper than 100 meters.

The deep-set tuna longline fisheries have greater levels of vessel participation, fishing effort, catch, and revenue than the shallow-set fishery. NOAA Fisheries previously evaluated the effects of the shallow-set fishery, so it will not be included in this PEIS.

The primary deep-set tuna longline fisheries are the Hawaii and American Samoa longline fisheries. Access to the Hawaii longline fisheries is limited to 164 vessel permits, of which about 140 vessels are active. Of these active vessels, about 20 may also shallow-set during any given year. Most vessels in the Hawaii deep-set tuna longline fleet homeport in Hawaii and about 10 operate from ports on the U.S. west coast. These vessels target bigeye tuna.

Access to the American Samoa deep-set tuna fishery is limited to 60 permits. Historically, a few deep-set tuna longline vessels operated out of Guam and the CNMI, but these fisheries have been inactive since 2011.

“The PEIS is a proactive step in the management of deep-set tuna longline fisheries,” said Council Executive Director Kitty M. Simonds. “It streamlines environmental review for future management decisions and facilitates the ability of fisheries to adaptively respond to changing conditions.”

Management tools used for deep-set tuna longline fisheries include limited assess programs, vessel size limits, area constraints, observers, satellite-based vessel monitoring systems, gear configuration and specific handling and releasing bycatch methods.

Potential management issues include territorial bigeye tuna specifications and transfers, changes to permitting programs, and new gear requirements to further reduce bycatch.

Potential environmental, social and economic issues include the catch of target tuna and non-target (such as sharks) species, interactions with protected species, gear conflicts, and impacts on the ecosystem.

Public comments may be made at the scoping meetings listed below, sent electronically via the agency, or by mail to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

Public scoping meetings on the PEIS will be held from 6 to 9 p.m. on Feb. 21 in Hilo and Feb. 23 in Honolulu, Hawaii; Feb. 28 in Utulei, March 1 in Tafuna and March 2 in Pago Pago, American Samoa; March 7 in Susupe, Commonwealth of the Northern Mariana Islands (CNMI); and March 9 in Mangilao, Guam.

All comments must be received by April 14, 2017.

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