May 31, 2017 — With federal defendants offering no new evidence in the Large Vessel Prohibited Area (LVPA) legal battle, the Territory of American Samoa has asked the federal court in Honolulu to dismiss defendants’ motion for reconsideration and to amend the court’s judgement.
Early this month, the federal defendants, including the US Commerce Department and US National Marine Fisheries asked the federal court to “reconsider and amend” its judgment, which was in favor of plaintiff, 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.
Kobayashi agreed with ASG saying that the court concluded that the Deeds of Cession require the United States to preserve American Samoan cultural fishing practices.
However, the federal defendants requested the court, to among other things, reconsider its judgement. See Samoa News edition May 11th on federal defendants arguments.