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Judge criticizes marine,
fishing reps—but
offers to mediate

By Debra Barayuga
Star-Bulletin

A "lean, more responsible" long-line industry is what a federal judge hopes will occur under an environmental impact statement being prepared by the National Marine Fisheries Service.

"Unrestricted long-line fishing will never happen again in the Pacific by American-based boats, not because of this court, but because that is what the law requires," U.S. Judge David Ezra yesterday told representatives of the federal agency, Hawaii long-line industry, environmentalists and others affected by his recent ruling who packed the courtroom and spilled into the hallway at U.S. District Court.

Ezra did not rule on a request by the Fisheries Service and the Hawaii Longline Association to reconsider his June 26 order expanding an earlier restriction on long-line fishing. He offered instead to mediate discussions between the parties to seek a compromise that will keep the industry afloat.

But he cautioned against raising false hopes, saying he will not reopen the fishery to what it was before.

The federal agency and the long-line association had argued that Ezra's order, which includes placing a fisheries observer on every boat by July 26, would result in the closure of 95 percent of the fishery and result in lost revenues of $44 million.

The judge's modified ruling last month came after two mainland environmental groups sued the fisheries agency last year for failing to protect endangered leatherback and other sea turtles. Ezra in November ordered 1.5 million miles of ocean closed to long-liners.

"The law requires an injunction where the law has not been followed and the law has not been followed here," Ezra said.

Ezra soundly criticized the Fisheries Service for its "pathetic" efforts to place observers in the long-line boats and attempts to "play catch-up" because of its failure to prepare an environmental study on the effects of long-lining on endangered turtles.

He also admonished Hawaii long-liners, saying they can no longer continue fishing wherever and whenever they want to. "It will never again be business as usual because environmental laws will not tolerate it," Ezra said.

He called an advertising campaign by the Hawaii Longline Association a "big flop," and a waste of money, saying the federal courts will not be influenced by them.

"We will do what we can to resolve this, not by rhetoric or cheese-and-cracker ads in the newspaper . . . ," he said.

Tom Calvert, a broker for Tropical Fish & Vegetables said long-liners supported 95 percent of what auctions have to sell.

"Without that, business for us is gone," said Calvert, noting they may have to turn to imports.

Paul Achitoff, attorney for the plaintiffs who backed the court order, said they supported closing the fishery completely until the Fisheries Service complies fully with the law. "We want the maximum protection we possibly can get."

Whether it be requiring observers on every boat, closing areas or limiting fishing, the plaintiffs will push for any combination that will reduce the impact on turtles, he said.

What happens July 26 when the court's order goes into effect and an alternative is not found is unclear, Achitoff said. Whatever happens, they intend to hold Ezra to his word that he will enforce the law to ensure the turtles will be protected.

Jeff Lepo, attorney for the Hawaii Longline Association, said he appreciated Ezra's willingness to mediate a discussion among the parties. He hopes the talks will result in a compromise that all can live with while the environmental study is being prepared.

Jim Cook, boat owner and chairman of the Western Pacific Fisheries Management Council, said he's hopeful the discussions will result in parameters that will allow the long-line industry to continue providing Hawaii with fresh fish and still afford protection to the endangered turtles.

It's not so much the observer coverage that's a problem, Cook said, but the minimal amount of days fishing is allowed.

Members of the council are very concerned about their jobs, Cook said. "We're a big employer in the state and we mean a lot to the state economically."

For Samuel Lee, owner of long-line vessel Lila, the bottom line is feeding his family and being able to send his oldest child to college on the mainland.

While his daughter attends the University of Southern California on scholarship which ends this year, she will have to return to Hawaii next year meaning he faces paying tuition at a local university.

He doesn't quite comprehend the fuss over the turtles since in his 34 years of fishing in Hawaii, he has managed to catch only three. All were released unharmed, he said.

"Turtles live long life," he said, explaining his cultural custom of returning turtles to the ocean "for good luck."