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