Amid allegations of abuse, legislators express surprise that the state doesn't collect more information when it licenses fishermen.
Originally published by Civil Beat; click here to read the article on civilbeat.org.
October 19, 2016
By Nathan Eagle
Hawaii lawmakers endeavored Wednesday to find ways to improve the working conditions of foreign crew members on U.S. commercial fishing boats and address allegations of human trafficking.
Rep. Kaniela Ing, chair of the House Committee on Ocean, Marine Resources, and Hawaiian Affairs, peppered a dozen state officials and fishing industry leaders with questions about what can be done to boost sanitation, low pay, access to contract information and overall accountability.
"Nobody wants to decimate the industry," Ing said. "We just want humans to be treated as they should."
The nearly three-hour legislative briefing was prompted by problems reported last month by the Associated Press regarding several hundred foreign crew members - mostly from the Philippines but also Kirabati, Indonesia and Vietnam - who work on about 140 U.S. longline vessels.
These foreign workers, some of whom are reportedly paid as little as $350 a month, haul in $110 million worth of seafood each year. But when the boats stop to unload at U.S. ports, usually Honolulu where most are based although sometimes on the West Coast, the foreign crew members are unable to go ashore due to federal immigration laws and policies.
Many of the vessels lack bathroom facilities, bed bugs are pervasive, and food and clothing are sometimes inadequate. The industry maintains that it is working to address the problems, and that many crew members are content with their working conditions and often renew their contracts so they can continue sending money home to their families abroad.
'Relying On Assumptions?'
About 12 of the 30 lawmakers who serve on the three committees that constituted the panel attended the briefing, which Ing steered.
He honed in early on the state Department of Land and Natural Resources.
Bruce Anderson, DLNR's Division of Aquatic Resources administrator, said his agency licenses the fishermen, often without seeing them in person. He said that's a policy that changed due to lack of resources after the industry grew from roughly 50 boats in the late-1980s.
Anderson said his office assumes the American boat captains help their foreign crews understand the English-language application for a commercial marine license if they do not speak English.
"So you're relying on assumptions?" Ing asked.
Anderson replied that that if someone requested translation services, "we could probably find those."
Lance Collins, a Maui attorney, later told the panel that government agencies are legally required to provide translation services in situations like this that involve such a sizable group of non-English speakers.
"The only reason for our issuing the licenses is to get information on the amount of fish they've caught and where they've caught them," Anderson said.
'A Vital Piece'
The lawmakers learned that the Division of Aquatic Resources maintains a database of information about the foreign workers without asking for key contract information.
Anderson said his agency gathers enough information from the licenses to say how many foreign crew members are working on Hawaii longline boats in any given year, what countries they are from and what vessels they are on, among other private contact information.
He said that information has not been shared with the Hawaii Department of Labor and Industrial Relations, in part because no one has requested it except the media.
"You're currently the only department with a record of everyone who is out fishing," Ing said. "That's why this is a vital piece."
Anderson agreed to provide the information to lawmakers at the request of Sen. Mike Gabbard, who chairs the Water, Land and Agriculture Committee.
But while the division requires applicants to disclose their hair and eye color, Anderson said he would have to ask the attorney general if it would be OK to also ask for the contracts between the foreign crew members and the vessel owners as part of the licensing process.
Ing views that as a fundamental piece of information that's missing. He said if the state had on file copies of the workers' contracts, a third-party auditor or government official could then easily reference that to ensure they are being treated appropriately and paid fairly.
"I would be somewhat hesitant to put on a lot of other conditions for licensure," Anderson said, but added that he's open to the idea if it gets legal clearance.
Anderson reiterated that he felt the information currently collected is sufficient. Foreign crew must provide their passports and the federal Customs and Border Protection form i-95 "Crewman's Landing Permit" as qualifying documents for a commercial marine license.
Ing said the i-95 form is "legally absurd." It's a deportation document that says the foreign crew members do not have permission to come ashore in the U.S. and must be "detained on board," but that it's fine for them to work on the U.S. boats.
Collins later clarified that an i-95 form is the crew member's landing permit. But those who are detained on board don't have an i-95, so they are issued deportation orders via an i-295 form.
Alton Miyasaka of the Division of Aquatic Resources said the state may not be able to request the crew member's contract because it's not related to the applications.
Anderson suggested that the federal government should allow the crew members to work under temporary work visas like migrant farm workers. This would address health care and other issues, but keep the pay flexible.
The reason the U.S. has migrant workers today is because the farmers can't find U.S. workers to do the job, he said, noting that it's the same in the fishing industry.
In 1988, Congress exempted commercial fishermen who target highly migratory species, such as the tuna and swordfish that the longliners go after, from the Jones Act requirement that U.S. citizens comprise at least 75 percent of each boat crew.
That exemption is what has enabled Hawaii's longline industry to hire predominantly foreign workers. In general, only the captains are U.S. citizens.
'Economically, They’re Confined'
Jim Cook, an influential owner who has six boats and a marine supply store, told lawmakers the industry has taken steps to address the workers' conditions, including the implementation of a Universal Crew Contract that is required for anyone who wants to unload at the Honolulu Fish Auction, the main point of entry for bringing the fish into the U.S. market.
The contract requires crews to provide personal identification information and a copy of their U.S. customs entry documents.
The contract says payments will be made within four days of landing and recruiting fees will be paid by the vessel owner. It also makes it clear that visas will not be issued and crew members must remain on board the vessel except as allowed by Customs and Border Patrol.
The contract also says the vessel owners will keep the crew members' passports, but that they will be given a copy and are free to access their passports at any time.
Cook, who serves as a board member of the Hawaii Longline Association, a trade group that looks after the vessel owners' interests, said the group is "concerned about the allegations being made."
He assured the lawmakers that the industry is responding to the allegations, and called the AP article "a little questionable."
The Hawaii Longline Association was formed in 2000 primarily to fight legal battles against allegations that the fishermen were killing endangered species and harming the environment. It maintains a budget of roughly $700,000 a year, collected from the fishermen based on their catch, and about 90 percent of it goes to court cases, Cook said.
Ing highlighted how that legal fund can make it difficult, if not impossible, for foreign crew members to take boat owners to court.
"Economically, they're confined," he said.
When asked who represents the crew members' interests, Cook said, "They represent themselves."
Tin Myaing Thein of the Pacific Gateway Center, which works with human trafficking victims and has experience with incidents involving Tawainese commercial fishing vessels, said it would be "really difficult" for foreign crew members to mount a case against the Hawaii longliners if there was an issue.
In one of the Taiwanese incidents, she said when the human trafficking and forced labor problems were uncovered and the crew were rescued in Hawaii, they opted to just go back to their home country and not pursue any charges or lawsuits.
Prior to the legislative briefing, about a dozen protesters held a press conference in the Capitol Rotunda to voice their opposition to the alleged human trafficking and poor working conditions for the foreign crews.
"We risk everything we know as justice if we don't end this flawed system," said Khara Jabola-Carolus, chapter coordinator of the group AF3IRM Hawaii.
"It's really about strict regulations and third party oversight," said Marti Townsend, head of the Sierra Club's Hawaii Chapter.
"Everything that's happening on these boats is legal," she said. "It's just immoral."
Originally published by CBS News; click here to read the article on cbsnews.com.
October 17, 2016, 1:24 PM
Associated Press
Two wildlife issues have collided in Hawaii, pitting one group of animal defenders against another in an impassioned debate. The point of contention? Deadly cat poop and the feral felines that produce it.
Federal researchers believe feces from the legions of feral cats roaming Hawaii is spreading a disease that is killing Hawaiian monk seals, some of the world's most endangered marine mammals. Some conservationists advocate euthanizing those cats that no one wants, and that's got cat lovers up in arms.
"It's a very difficult, emotional issue," said state Sen. Mike Gabbard, chairman of a committee that earlier this year heard and then abandoned a proposal to ban the feeding of feral cats on state land after an outcry. "It struck a nerve in our community."
The problem stems from a parasite common in cats that can cause toxoplasmosis, a disease that killed at least five female Hawaiian monk seals and three males since 2001, according to the National Oceanic and Atmospheric Administration.
"While eight seals may not sound like a lot of animals, it actually has pretty large ramifications for an endangered population where there's only about 1,300 seals in existence at this point in time," said Michelle Barbieri, veterinary medical officer for NOAA's Hawaiian monk seal research program.
Scientists believe monk seals become exposed to toxoplasmosis by ingesting contaminated water or prey.
Felines are the only animals that can shed Toxoplasma gondii eggs, or oocysts. The parasites enter their digestive tract through infected prey then multiply in the small intestine and produce the eggs. Outdoor cats excrete the eggs in their feces, which researchers say washes into the ocean.
The eggs accumulate in invertebrates that live along the sea floor, where monk seals often feed. They can survive in fresh water, saltwater and soil for up to two years.
Any warm-blooded animal can become infected. California sea otters have died from toxoplasmosis, and it's one of the major reasons the Hawaiian crow, alala, is extinct in the wild. Toxoplasmosis is rarely problematic for people with healthy immune systems, but it's why doctors advise pregnant women not to handle kitty litter.
Many cities struggle with feral cats, but the problem is particularly acute in Hawaii because of its sensitive ecosystem and at-risk native species, experts say. Only two mammals are native to Hawaii: the hoary bat and the Hawaiian monk seal.
"Everything else here- deer, sheep, goats, cats, mongoose - they're all invasive, they're all introduced," said Angela Amlin, NOAA's acting Hawaiian monk seal recovery coordinator, adding cats have no predators in Hawaii to control their population.
Marketing research commissioned by the Hawaiian Humane Society in 2015 estimated some 300,000 feral cats roam Oahu alone.
Marine debris, climate change, predation and human interaction all threaten the survival of Hawaiian monk seals. But feral cats present their greatest disease concern, Amlin said.
"As conservationists, what we really have to look at is this is what Hawaii's native ecosystem includes, and cats are unfortunately not part of that," Amlin said. "When it comes to the feral cat population, there should be a program in place to bring in these animals, adopt the ones that are adoptable and humanely euthanize those that are not."
Others take offense to that notion.
Classifying animals with labels such as native and invasive creates a "hierarchy in which the protection of certain animals comes at the suffering of others," Hawaiian Humane Society President and CEO Pamela Burns wrote in a letter opposing the state Senate bill that would have banned cat-feeding on state land. She contended the 300,000 figure overstates the problem because the study looked at how many cats people were feeding and might have missed instances where multiple people fed the same outdoor cat.
Those who care for stray cats advocate trapping, neutering and spaying to help control their population.
The University of Hawaii's Manoa campus, in Honolulu, started a feral cat management program - with authorized feeders trained in tasks like trapping and feces disposal - after the stench and mess from hundreds of cats prompted complaints, especially when children at a campus daycare center got flea bites, said Roxanne Adams, director of buildings and grounds.
The program started in 2011 and appears to have reduced the number of felines, she said.
Euthanizing cats is unacceptable unless they're extremely sick, said Alicia Maluafiti, board president of animal welfare group Poi Dogs and Popoki.
"I totally disagree with the ... generalization that cat people love cats more than these endangered species," Maluafiti said. "What we just don't advocate is the wholesale killing, the extermination, of one species ... for one."
Originally published by the Honolulu Star-Advertiser; click here to read the article on staradvertiser.com.
August 22, 2016
By Jayna Omaye
Federal and state officials say they are moving forward with plans to survey and study the pueo as residents raise concerns about impacts of development in West Oahu on the bird's habitat.
The pueo is an endemic subspecies listed by the state as endangered on Oahu, likely due to loss and degradation of habitat and predation.
There are no population estimates or distribution data and little understanding of the owl's ecology, according to the U.S. Fish and Wildlife Service. Pueo mainly eat small mammals such as rodents; live in wet and dry forests, grasslands and shrub lands; and nest on the ground.
Pueo protection and research were the subject of a meeting Thursday at the University of Hawaii at West Oahu, with residents, elected officials and representatives from the state Department of Land and Natural Resources, Fish and Wildlife Service and the Center for Biological Diversity. UH West Oahu's mascot is the pueo.
DLNR plans to release a request for proposals by the end of this year soliciting bids for work that includes developing standardized survey and monitoring protocol for pueo. Afsheen Siddiqi, a DLNR wildlife biologist, said the department has funding for a one- to two-year study focusing on the owl's population, distribution, nesting habitat and foraging habitats on Oahu. She said the Ewa plain will be included in the survey.
Siddiqi said she did not know why the pueo had not been surveyed more in the past. She noted that when she began working in her current post in February, the job had been vacant for a few years.
"With the limited resources DLNR has, we manage our land for habitat development," Siddiqi said. "It's (pueo survey) something we've been thinking about for a while."
Jenny Hoskins, the Hawaii bird lead expert for the federal Fish and Wildlife Service, said the pueo is difficult to track, and attempting to do so would take significant resources and time. The Fish and Wildlife Service plans to coordinate with DLNR on surveys on Oahu and the neighbor islands beginning this fall. Initial survey data would be used to design a comprehensive research effort focusing on pueo management.
"They're so secretive. They're not a really visible, flashy species," Hoskins said. "It took longer for us than other species to realize how critical it was."
Some area residents maintain that they have spotted the pueo on Ewa plain lands slated for development and have expressed frustration that until now the bird has received scant attention. Also, they emphasized the cultural significance of the pueo, considered sacred to many Hawaiians and known as an aumakua, or ancestral guardian believed to protect from harm and even death.
Michael Lee, a Native Hawaiian cultural practitioner, suggested a conservation habitat plan that would protect the pueo's habitat in certain areas on the Ewa plain.
"Pueo is very much important to us," Lee said. "Still yet it's very powerful in our family."
Evelyn souza, chairwoman of the Makakilo/ Kapolei/Honokai Hale Neighborhood Board, agreed.
"It never occurred to me how important the pueo is ... because it was never the focal point. And I'm kind of bewildered. If this is an ... endangered, protected bird, why have we not in place already those mechanisms to preserve it, to protect it, protect its habitat? But better late than never."
The pueo, believed to have colonized the Hawaiian Islands after the arrival of Polynesians, is protected under state and federal laws that prohibit anyone from hunting, shooting, wounding, capturing or trapping the owl.
There are two species of owl in Hawaii: the pueo, which is mainly active during the day, and the common barn owl, which is mostly seen at night. Barn owls, which nest in trees and were brought to Hawaii in the 1950s for rodent control, are sometimes mistaken for pueo. Pueo are smaller and have a round face whereas barn owls are lighter in coloring, with a heart-shaped face.
State Sen. Mike Gabbard (D, Kapolei-Makakilo) said last week's meeting served as a starting point for more work and conversations about the pueo's future in the area.
"People who live out here care about the issue," said Gabbard, chairman of the Senate Water, Land and Agriculture Committee. "It's key to get the results of these studies in order to make decisions, as policies are based on the science."
Originally published by KITV; click here to read the article on kitv.com.
Posted: Aug 18, 2016 8:58 PM HST
Updated: Aug 19, 2016 10:53 AM HST
By Roger Mari
HONOLULU - The Pueo Owl is a sub-species of the short-eared owl that is found only in Hawaii. Once found throughout the islands including in the Ewa/Kapolei area. Over the last several months members of the community have expressed concern about this endemic bird. Thursday night an informational meeting was held about the Pueo Owl and the possible impact of development on it's natural habitat.
"They're like little puff balls and they're so intelligent, their eyes are bright," says Jenny Hoskins, US Fish and Wildlife
No better place to discuss the Pueo than on the UH West Oahu Campus where it's the school mascot. Dozens turned out to learn more about the native short-eared owl including experts from the Department of Land and Natural Resources, US Fish and Wildlife Service and bird lovers.
"I wanted to know how the owls got all the way here to Hawaii, i just moved here from Florida and I've always liked owls so i just want to learn more about them," says Irene Lopez, Kapolei resident
On Oahu, the Pueo is listed by the state as an endangered species based upon loss of open grassland habitat. It's not known yet if the rail project has anything to do with the lack of Pueo sightings in the Kapolei area.
"We do know that a lot of management actions affect them and so it's imperative for us to get a better idea of what's going on with the population so that we know how to structure our management actions for the least impact," says Hoskins
Co-hosting the meeting, Senator Mike Gabbard. Concerns about the Pueo came up at a Neighborhood Board Meeting in May.
"To my understanding there has been very little studies done and so that's why it's really good to have this conversation now," says Sen. Mike Gabbard, (D) Kapolei, Makakilo - Ewa - Kalaeloa - Waipahu
Little studies and few sightings.
"Oahu has a small population and the state DLNR is concerned about them and has listed them that local population is endangered," says Hoskins.
The Pueo has been in Hawaii since before the arrival of the first Polynesians. Experts say they are an important part of the Eco-system helping to control rodents and other pests.
Originally published by the Honolulu Star-Advertiser; click here to read the editorial on staradvertiser.com.
July 17, 2016
By Mike Gabbard, Doug Fine, and Denise Key
On July 7, Gov. David Ige signed into law what might prove to be the most important piece of economic legislation in the past 50 years. Hawaii now enjoys the best hemp law in the nation.
We who have been active in bringing back hemp to agriculture believe that generations will still be saying mahalo to those who worked, some for decades, to get this law passed. Now it's time to implement it.
The hemp industry is growing 1,000 percent per year in the U.S., despite the "research only" provision for hemp in federal law. No place is more ready to lead hemp's resurgence than the Aloha State. Our year-round cultivation climate, small farmer infrastructure, and bottom line need for a regenerative agriculture economy means we have all the pieces of the puzzle.
And what does the finished puzzle look like? If we properly implement hemp into the islands' soil and finished products, we can move steadily toward food, energy and even industrial independence. Soon we will be printing homes and cars on the island from 3D printers using Hawaii-grown hemp composites and glues.
How do we get there? Thanks to recent friendly federal legislation, individual farmers who are part of state hemp programs are allowed to cultivate for any purpose, in any acreage amount. Farmers are even allowed to market (that is, to sell) the crop as part of the industry's research.
The federal government has had no problem with these policies: hemp has tremendous support on the federal level, thanks in no small part to co-sponsorship of S. 134 and H.R. 525, which calls for full commercial hemp legalization, by U.S. Sens. Mazie Hirono and Brian Schatz, and U.S. Reps. Tulsi Gabbard and Mark Takai.
There is no need for caution. With full commercial legalization around the corner and an industry that today nets a billion dollars annually for Canada, it is imperative that we establish the broadest regulations for our nascent hemp industry so that we are on the leading edge when the industry breaks out. After all, on a level playing field, who can compete with the Hawaii Hemp Brand?
If we allow our farmers, processors and entrepreneurs to launch the industry with the properly wide trajectory, we are setting the stage for a small farmer renaissance, a lucrative cottage industry and a leading nanotechnology research center. Research shows hemp provides the best fiber for clean, powerful next-generation batteries.
Most of all, hemp's return is a key step toward Hawaii's food and energy independence. The seed provides a superfood for humans and livestock, the fiber builds homes and provides energy, and the flower market is a fast-growing nutraceutical industry in itself.
To concerns that it is costly to administer a hemp program because of the current need to test hemp crops (for THC levels), we point out two things:
>> Vermont, a state without a large budget, allows an unlimited (and fast-growing) number of hemp farmers with a comparable registration fee structure to ours. This includes all fees including testing. It's not too burdensome. If they can do it, we can.
There is no need to restrict project applications (some states do, some don't, soon none will): The more Hawaii hemp farmers, the better, from Year 1.
>> Even a half-million-dollar budget is small change for the billions that are going to come from the hemp economy in Hawaii. Any effort we put toward nurturing hemp is money and time well spent.
The crop is a key part of Hawaii's future.
WHO: Sen. Mike Gabbard, Rep. Ty Cullen, representatives from Department of Land and Natural Resources and U.S. Fish and Wildlife Service
WHAT: Informational meeting on the status of the Pueo and the possible impact of development on its natural habitat
WHEN: Thursday, August 18, 2016, 6:00 p.m. to 8:00 p.m.
WHERE: UH West O‘ahu Multi-Purpose Room, 91-1001 Farrington Hwy.
HONOLULU, Hawai‘i - State Senator Mike Gabbard (S Dist. 20 - Kapolei, Makakilo, and portions of ‘Ewa, Kalaeloa, and Waipahu) will be co-hosting an informational meeting with State Representative Ty Cullen (H Dist. 39 - Royal Kunia, Village Park, Waipahu, Makakilo, West Loch), the Department of Land and Natural Resources (DLNR), and U.S. Fish and Wildlife Service to discuss the status of the Pueo (Asio flammeus sandwichensis), the native short-eared owl, in the Ewa/Kapolei region on Thursday, August 18, 2016 from 6pm to 8pm at the UH West O‘ahu Multi-Purpose Room. The meeting is open to the public.
On O‘ahu, the Pueo is listed by the State as an endangered species based upon loss of open grassland habitat.
"Over the last several months, members of the community have expressed concern about this endemic species," said Sen. Gabbard. "The purpose of this meeting is to bring together some experts and community members to discuss the situation and possible future action."
The meeting will feature the following panelists who will give short presentations and then field questions from those in attendance.
• Michael Kumukauoha Lee - recognized Native Hawaiian Cultural Practitioner and Cultural Descendant
• Dr. Loyal Mehrhoff - Endangered Species Recovery Director for the Center for Biological Diversity
• Jenny Hoskins - Hawai‘i Bird Lead for U.S. Fish and Wildlife Service Migratory Birds and Habitat Programs
• Jason Misaki - O‘ahu District Wildlife Manager, DLNR
Free parking will be available in the non-permit lot, located to the right upon arrival on the UH West O‘ahu campus. A greeter will be on site to direct meeting participants to the room.
For questions about the event, contact the office of Senator Mike Gabbard at 586-6830.
DLNR Revocable Permit Task Force Report and Recommendations
List of DLNR - Land Division Revocable Permits
It calls for a pilot program through the Hawaii Department of Agriculture.
Originally published by Civil Beat; click here to read the article on civilbeat.org.
July 7, 2016
By Chad Blair
Hawaii Gov. David Ige on Thursday signed into law a bill that establishes a pilot program through the state Department of Agriculture allowing for the cultivation of industrial hemp and distribution of hemp seed "for purposes of agricultural or academic research."
The bill was sponsored by state Sen. Mike Gabbard, a Democrat like Ige, and championed by state Rep. Cynthia Thielen, a Republican.
In a press release after the bill signing, Thielen noted that researchers at the University of Alberta's National Institute for Nanotechnology in Canada recently announced "a startling discovery" that seems to indicate that "hemp-based electrodes for supercapacitors outperformed standard supercapacitors by nearly 200 percent."
"Hemp truly is a miracle plant," Thielen. "With the newly signed hemp law Hawaii will be able to tap into this exciting technical field, bringing down the price of energy systems and storage in our islands."
Support for hemp is growing. Read Civil Beat's related reporting:
To Hear The Founding Fathers Tell It, Hemp Can Make America Great Again
Hawaii Lawmakers Need To Finish The Job On Hemp, Medical Pot
WHO: Senate Water, Land and Agriculture (WLA) Committee, Department of Land and Natural Resources (DLNR)
WHAT: Informational Briefing
WHEN: Wednesday, July 13, 2016, 10:30 a.m.
WHERE: Conference Room 224, State Capitol
The Senate Water, Land and Agriculture Committee (WLA), will hold an informational briefing on Wednesday, July 13, 2016 at 10:30 a.m., in Conference Room 224 to get an update on the Report and Recommendations of the Department of Land and Natural Resources (DLNR) Revocable Permits Task Force.
"It's important for legislators and the public to learn more about the changes being implemented to improve the DLNR's revocable permit program," said Senator Gabbard, chair of the Water, Land, and Agriculture Committee. "The use of public land should be handled in a fair and transparent way."
In February of this year, media outlets, such as the Honolulu Star Advertiser, shined a light on the fact that the DLNR's revocable permit program was fraught with inconsistencies and lacked clear, logical protocols and criteria.
In response, DLNR convened a Task Force to improve its revocable permit in February 2016. On May 27, 2016, the Task Force issued its report and recommendations, which were unanimously approved by the Board of Land and Natural Resources on June 24th. The Task Force report, their recommendations, and DLNR's plans for implementation will be addressed at this informational briefing.
Presentations will be made by:
• Department of Land and Natural Resources Revocable Permits Task Force
• Department of Land and Natural Resources
More information on the briefing can be found on the hearing notice: http://www.capitol.hawaii.gov/session2016/hearingnotices/HEARING_WLA_07-13-16_INFO_.HTM