State Rep. Kaniela Ing is asking state Attorney General Douglas Chin whether the harsh conditions reported for foreign crew members on vessels that operate largely from Honolulu might violate Hawaii labor or business laws.
Ing, chairman of the state House Ocean, Marine Resources and Hawaiian Affairs Committee, cited Associated Press reports that hundreds of undocumented men work on American-flagged,
American-owned vessels that operate from Piers 17 and 38 in Honolulu in jobs that might pay as little as
70 cents an hour.
Many come from poor Southeast Asian and Pacific nations and have no visas, according to the investigation by the AP. The fishermen work on a fleet of about 140 boats and are not allowed to set foot on shore because they don’t have visas. A loophole in federal law allows them to work but exempts them from most basic labor protections, leaving them at the mercy of their ships’ captains, the AP found.
“I am extremely alarmed by recent reports of the gross mistreatment of workers aboard American fishing vessels right here in our Aloha State,” Ing said in a written statement. “If these investigations hold any validity, we must act swiftly to end any human rights violations occurring on our docks.”
Ing, a Democrat who represents South Maui, acknowledged that the fishing vessels operate in federal waters in accordance with federal law, but said he believes the vessel operators are licensed to do business by the state of Hawaii. That means they are subject to state regulation, he said in his statement.
Ing’s letter asks whether “the (reported) acts … constitute a restraint of trade or other anti-competitive practices prohibited by (Hawaii law).”
Ing said Chin is required to respond to the state lawmaker’s request, and if Chin agrees the vessels are subject to state business and labor requirements, that would “likely lead to an injunction that will halt any labor or business violations,” according to Ing.
If Chin does not believe the vessels are subject to Hawaii business and labor laws, that “illuminates the need for a bill that clarifies our ‘anti-competitive practices’ statute, which I am committed to pursue,” Ing said in a written statement.
Ing said this issue highlights a larger problem of the abuse of undocumented workers.
“Without any legal recourse, millions of undocumented workers suffer through starvation wages and inhumane work environments across America,” Ing said. “It’s an issue too often ignored by mainstream politics. We can all agree that any abuse of any human being has no place in our Aloha State. These investigations reveal why we must act now.”