Judge allows longline fishing for tuna to resume

By Brandon Masuoka and Curtis Lum
Advertiser Staff Writers

After nearly 18 months of court rulings that threatened to shut down the entire Hawai'i longline fishing industry, a federal judge yesterday eased restrictions on the Hawai'i tuna fishing fleet and upheld a ban on Hawai'i-based boats targeting swordfish in a vast region of the North Pacific.

Yesterday's ruling by U.S. District Judge David Ezra enables Hawai'i tuna boats — about two-thirds of the state's approximately 110-longline fleet — to begin fishing immediately. But the remainder of the fleet consists of large vessels built for swordfish fishing, and it will not be economically feasible for them to switch to tuna fishing, Hawai'i Longline Association president Sean Martin said.

"Two-thirds of the fleet is happy to be going back to work, and a third of the fleet still has no fisheries to fish in," Martin said.

In an effort to protect sea turtles from being hooked or entangled, Ezra first took the unprecedented step of restricting Hawai'i longliners from fishing in a vast, rich section of the North Pacific in November of 1999. The restricted zone included the most productive region for the Hawai'i swordfish fishery, a catch that represented a quarter of the value of Hawai'i longliners' $60 million in annual landings.

The order was issued in the wake of a lawsuit filed by Earthjustice Legal Defense Fund on behalf of the Center for Marine Conservation and the Sea Turtle Restoration Project, charging that the National Marine Fisheries Service was not properly applying federal environmental laws to protect sea turtles that could become entangled in the fleet's fishing lines. Leatherback turtles are on the federal endangered species list, and loggerhead turtles are listed as threatened.

Last June, the judge expanded his 1999 injunction, requiring federal observers on board every ship on every fishing trip. The fisheries service was given an April 1, 2001, deadline to complete an environmental impact statement on the impact of the fishery on sea turtle populations, and the injunction was to remain in effect until it was complete.

The rulings sparked months of emotionally charged debate on the impact to the state's longline fleet and its 600 crew members. In addition to boat owners and crews, there was fear the action would hit fish auctions, fishery supply firms, exporters, retailers, restaurants and others. Hawai'i's longline industry was estimated to be a $165 million operation that included 2,000 jobs.

Restaurant and seafood market owners warned Hawai'i's fish consumers should brace themselves for the prices of swordfish and tuna, or 'ahi, to skyrocket, and for the quality of fish to worsen because it would likely be imported from the Mainland if the entire fleet were idled.

The case and Ezra's rulings heightened debate on whether jobs are more important than endangered species.

The rules Ezra issued yesterday closely follow recommendations in the fisheries service final environmental impact statement, released this week.

Ezra ordered education workshops for "sea turtle resuscitation" for crews and observers on longline vessels that accidentally hook the turtles.

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

Ezra said all use of longline gear is banned in April and May in an area bounded by 15 degrees north of the equator down to the equator and 180 degrees and 145 degrees longitude.

Paul Achitoff, representing the Earthjustice, said yesterday the new rules are better, but not perfect.

"It's a start, but I don't want to be represented that I'm happy with it," said Achitoff. "It's better than where we were before when we filed the lawsuit. I'm not criticizing the judge, I'm criticizing the EIS (environmental impact statement).

"I want a total ban on the killing of critically endangered animals. What I want is the species to recover. I don't believe this goes far enough in allowing the species to recover."

With the exception of the ban on swordfishing, an attorney for the Hawai'i Longline Association said he was pleased with the rules.

"We're delighted we can start fishing again," said longline association lawyer George Brandt. "We're delighted that the EIS was finally issued, bringing litigation to an end. We don't agree with all contents of the EIS. But at least it doesn't ban longline fishing entirely and we can still fish.

"I'm telling my clients they can get ready to go fishing. They need to get their provisions and ice and things. They'll be happy to know that they can go fishing immediately. I want to give recognition to Judge Ezra and his efforts in this difficult case."

Ezra ordered that the National Marine Fisheries Service hold crew education workshops on sea turtle resuscitation requirements and on gear and hook removal or disentangling techniques. He also ordered that observers placed on longline vessels be trained in sea turtle resuscitation techniques and sea turtle biology.

Ezra imposed a 75-day ban on longline fishing March 15 to await the National Marine Fisheries Service's final EIS. He received the report Tuesday, clearing the way for yesterday's ruling.

Martin said some of the swordfish boat owners may move to the Mainland, reflag and come back to Hawai'i to fish for swordfish because the ruling affects only Hawai'i-based longliners.

"The foreign fleets are allowed to come to Hawai'i and reprovision and go right back out and fish in the same fishery that we are now prohibited from fishing," Martin said. "So we might be tied up right next to a pier that has Korean, Japanese and Taiwanese boats that aren't impacted by these rules and regulations. Sometimes it doesn't seem very equitable, but that's the way it is."

Highlights of longline fishing ruling

U.S. District Judge David Ezra yesterday modified an injunction that placed restrictions on longline fishing. Here are highlights of Ezra's ruling:

• A ban remains in place on longline fishing for swordfish north of the equator, but will allow longlining for tuna.

• Longline gear is prohibited in April and May 2001 in the area bounded on the south by the equator and 15 degrees north and 180 degrees west and 145 degrees east longitude.

• The minimum depth of a longline will be 328 feet.

• The National Marine Fisheries Service will conduct skipper education workshops on sea turtle resuscitation, and on gear and hook removal or disentangling techniques.

• Observers on longline vessels must be trained in sea turtle resuscitation and biology.

• If a sea turtle is hooked or entangled on a longline, line retrieval will cease until the turtle has been removed.

• Hooks must be removed from turtles as soon as possible or the line must be cut as close to the hook as possible.

• A comatose sea turtle must be brought on the vessel for resuscitation.