Hawaii faces illegal fishing clampdown
FOREIGN WORKERS EXPLOITING LOOPHOLES
>> HONOLULU: Hawaii authorities may have been violating their own state laws for years by issuing commercial fishing licences to thousands of foreign workers who were refused entry into the country.
About 700 of these men are currently confined to vessels in Honolulu without visas, some making less than US$1 (about 35 baht) an hour. They work without most basic labour protections just a few kilometres from Waikiki’s white sand beaches, catching premium tuna and swordfish sold at some of the US’ most upscale grocery stores, hotels and restaurants.
Under state law, these workers, who make up most of the crew in a fleet catching $110 million worth of seafood annually, may not be allowed to fish at all.
A recent industry-sponsored assessment of crew members’ treatment and living conditions found no human trafficking, but raised concerns that workers could be vulnerable to exploitation and said they have little recourse about paying fees or incurring debt in order to hold their jobs.
“There exists no system of grievance mechanisms for crew to voice concerns over pay,” according to the report.
In this unique fishing arrangement facilitated by both federal and state officials, Hawaii’s boat owners pay brokers up to $10,000 to bring each crew member from impoverished Southeast Asian and Pacific island nations. The men aren’t allowed to arrive at Honolulu’s airport because they lack visas, so they are instead flown to other countries and put on US-owned fishing boats for the long trip to Hawaii.
Before the men start working, they need a state commercial fishing licence. In order to get it, Hawaii requires that they must be “lawfully admitted” to the US.
Here’s the hitch: when they arrive, they are met at the dock by US Customs and Border Protection agents who ban them from entering the country by stamping “refused” on their landing permits, which voids them. So instead of being “lawfully admitted” they are now barred by law from setting foot on US soil.
“Try taking a cheque to your bank that says ‘void’ on it and telling them, ‘Oh, but they wrote the cheque to me’,” said Hawaii lawyer Lance Collins, who advocates for the workers.
Nonetheless, a written opinion by Hawaii Attorney General Douglas Chin said the Department of Land and Natural Resources provides the landing permits as proof the fishermen are “lawfully admitted”. US Customs sees it differently. “No. They cannot be admitted,” spokesman Frank Falcon wrote, adding that the stamp means they can’t even enter the US temporarily. In rare cases including medical emergencies, Customs can parole the men to go ashore.
Foreign crews on boats and aircraft, including cruise ship workers and flight attendants, fill out landing permits when they arrive in the US. Customs takes those applications and decides whether to allow each individual to temporarily enter the country. When landing permits are stamped refused, that serves as proof that authorities have been alerted that foreigners without visas are on arriving vessels or planes and triggers an order for captains to detain them on board.
Mr Chin’s office did not respond to queries about the refusal stamp. However, Land and Natural Resources department spokesman Dan Dennison said in an email that the attorney general advised his agency to continue issuing fishing licences to the foreign workers despite the fact that Customs says the men are not “lawfully admitted”.
The Hawaii Longline Association, which represents boat owners, says the men are legally hired for legitimate work on the fleet’s 141 active vessels. And while the conditions and pay are often below US standards, the jobs are typically better than the bleak opportunities the men have at home, mostly in the Philippines, Vietnam, Indonesia and the tiny Pacific island of Kiribati.
Under federal law, US citizens must make up 75% of the crew on most US commercial fishing boats. An investigation last year revealed Hawaii’s fleet relies on a federal loophole allowing the foreign fishermen to work.
In a hearing prompted by the report, Land and Natural Resources department administrator Bruce Anderson was asked why he issues commercial fishing licences to foreign workers who can’t enter the state.
He said the crewman’s landing permit “says in essence that the individual has the right to fish in US waters but cannot step ashore”. He did not mention that all the permits were stamped “refused”.
The foreign fishermen’s catch is sold in many places including Costco to Sam’s Club and upscale restaurants across the United States, including Trump International Hotel Waikiki.