Hawaii bill would ban licenses for some foreign fishermen

A federal legal loophole allows foreign fishermen to fish off the coast of Hawaii, even though they are technically not allowed to enter the United States. However, state laws also require anyone applying for a fishing license to be “lawfully admitted” to the country.

U.S. Customs and Border Protection says these men are banned, raising questions about whether the state has been violating its own law for years by allowing the foreign workers to catch and sell seafood in Hawaii.

Rhoads says he wants to change the law so that people who are not granted permission to land temporarily cannot get a license to fish.

“You would have to have permission to work in the U.S. before you could work on an American boat sailing out of Honolulu,” Rhoads said.

The lawmaker wants to eliminate situations where workers are operating in subpar conditions.

“As the state, we don’t have a lot of jurisdiction over it, and this is a way to legitimately insert ourselves into the process, because we do require a license,” he said.

The fishing industry is reviewing the bill, but if the intent is to prevent foreign fishermen from getting commercial licenses, the industry will oppose it, said Jim Cook, member of the board of directors of the Hawaii Longline Association.

“It could lead to the use of no foreign crew in the fishery, which would be very devastating,” Cook said. “It would be similar to having no immigrant people in agriculture in Hawaii or any other part of the United States.”

The proposal also would require applicants for commercial marine licenses to appear in person before the Department of Land and Natural Resources, which grants fishing licenses.

That could prove tricky, since the foreign fishermen aren’t supposed to leave the near vicinity of their boats. They are technically supposed to remain on board.

Typically, when commercial fishing boats arrive in Honolulu, they are met at the dock by U.S. Customs and Border Protection agents who ban foreign workers from entering the country by stamping “refused” on their landing permits — called I-95 forms — which invalidates them.

So instead of being “lawfully admitted,” they are barred by law from setting foot on U.S. soil.

But 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.”

Rhoads says an I-95 form — even if it was accepted, not rejected — allows someone to land, but doesn’t allow them to be “lawfully admitted” as required for a license. Under Rhoads’ proposal, if the I-95 form was approved, a license could be granted.

“Right now it just feels like lots of grey area,” Rhoads said. “I think when there are grey areas, it’s easier to take advantage of people.”

Captains or boat owners typically bring the foreign fishermen’s documents — passports and their voided landing permits — to the department.

Cook suggested that perhaps the fishermen refused entry could be granted “parole” to go to the office to apply for their licenses.

U.S. Customs referred AP to federal immigration law that says paroles can be given on a case-by-case basis for “urgent humanitarian reasons” or “significant public benefit.” But Cook said he believes there’s also a parole category for ship business.

The bill will be heard in two Hawaii Senate Committees on Wednesday.

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Associated Press Writers Caleb Jones, Margie Mason and Martha Mendoza contributed to this report.

Cathy Bussewitz, The Associated Press

by Canadian Press

Hawaii bill would ban licenses for some foreign fishermen

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