Judge to set longline fishing rules

By Brandon Masuoka and Walter Wright
Advertiser Staff Writers

U.S. District Judge David Ezra today is expected to ban Hawai'i-based longline fishing for swordfish year-round, and impose an April-May annual ban on longlining for tuna south of Hawai'i to the equator.

John Reyes paints the hull of the longline fishing boat Vuivui, while Jimmy Nguyen, captain and owner of the VuivuiII, background, removes rust from his boat in Honolulu Harbor. Bruce Asato • The Honolulu Advertiser

Ezra imposed a temporary, 75-day ban on longline fishing March 15 because the National Marine Fisheries Service had not completed an environmental impact statement on fishing regulations to protect endangered sea turtles.

He received the impact statement Tuesday.

Ezra's ruling would be based on the EIS proposal by the fisheries service.

Longline techniques for swordfish have proven more dangerous to turtles than those used for tuna, according to federal studies.

Both kinds of fish can still be caught by Hawaii-based boats using other fishing methods, and by foreign vessels.

Fisheries service studies had earlier suggested a ban on tuna longlining from January to June, but the new report says a shorter ban will do the same to reduce the accidental catch of sea turtles.

The new impact statement also recommends allowing experimental fishing for swordfish with modified longline techniques to determine if methods safe to turtles can be found.

"The public, environment and the fishermen in the long run are going to be the winners," Ezra said yesterday during a telephone conference with parties to a lawsuit by environmental groups asking that endangered sea turtles be protected from longline fishing until completion of the EIS. The judge is on temporary assignment hearing a case in Phoenix, Ariz., this week.

"I think it's very fair," said George Brandt, representing the Hawaii Longline Association. "We're pleased that Judge Ezra is considering modifying the present injunction to reflect the EIS. The difference now is all fishing is stopped. Under the proposed EIS, there is fishing permitted."

Ezra's expected ruling could allow longline fishermen to start fishing immediately, Brandt said.

A lawyer representing the Earth Justice Legal Defense Fun, Center for Marine Conservation and the Turtle Island Restoration Network said he was pleased with parts of the EIS recommendations. "The ban on swordfishing is good," said Paul Achitoff. "It's clear swordfishing has no place in this part of the world."

Hawai'i's fleet sets only three percent of the longline hooks in the Pacific, and restrictions on it alone will not save turtles, according to James Cook, a longline fishing boat owner.

Council members said the closures would prevent taking of catches worth $188,000 a day, a significant economic impact on Hawai'i's $50 million fishing industry.

But the National Marine Fisheries Service said it was not allowed to consider economic impacts when dealing with endangered species issues.

The temporary ban imposed by Ezra was announced last August.