Hawai'i Fisheries Initiative - The Hawaii Institute for Public Affairs

Hawai‘i Fisheries 

Initiative 

A Comprehensive Review of 

Hawai‘i’s Fisheries Industry 

Final Report to the 

Economic Development Administration 

U.S. Department of Commerce 

August 2009

Table of 

Contents 

Cover image, “prawns”, courtesy 

Aquaculture Development Program 

Executive Summary.............................................................................................................. 3 

Introduction and Background............................................................................................ 7 

National and Statewide Economic Impact of Fisheries................................................ 9 

Regional Trends, Wholesale Markets, Quality Control 

and Safety, and Consumer Education........................................................................17 

Aquaculture.........................................................................................................................25 

Leasing Hawai‘i’s Waters: Legal Framework and Permitting Process......................31 

Recreational Fishing in Hawai‘i........................................................................................35 

Fisheries Management and Enforcement ......................................................................41 

History and Status of Hawai‘i’s Fisheries......................................................................57 

Governing the Oceans......................................................................................................71 

U.S. Ocean Policy, Regulatory Framework, and Agency Interaction........................77 

Hawai‘i Ocean Policy and Regulatory Framework .....................................................89 

Native Hawaiian Fisheries Management........................................................................97 

Table of Acronyms............................................................................................................107 

About the Hawaii Institute for Public Affairs.............................................................108 

About the Principal Investigator....................................................................................108 

Endnotes............................................................................................................................. 109

Examples of 

Hawai‘i Fish 

Aku 

Bigeye 

Hebi 

Kajiki 

Mahimahi 

Monchong 

Ono 

Tombo 

Onaga 

Opakapaka 

Opah 

Yellowfi n 

PHOTOS COURTESy HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM (DBEDT) 

2

Executive 

Summary 

Hawai‘i’s fisheries provide economic, 

recreational, and cultural/historical benefits 

to the residents and visitors of this state. 

Commercial fishing supplies approximately 

one-third of the state’s demand for seafood, 

with the balance imported from U.S. 

Mainland and foreign sources. 1 In addition 

to the direct economic impact of the 

wholesale and retail seafood industry, the 

ripple effects of commercial fishing spread 

throughout the economy in the form of 

wages and salaries, income and general 

excise taxes, sales of ancillary supplies 

and items, harbor infrastructure, vessel 

maintenance, and more. Throughout the 

report, every effort was made to include 

the most recent data; however, some of 

the resources are dated yet provide 

important contextual information about the 

history and trends in the fisheries of the 

Hawaiian Islands. 

Hawai‘i’s top-producing fisheries – a term 

that refers both to species of fish or stock 

groups as well as methods of fishing – 

have, for a significant period, been the 

deep-set longline fishery for tuna and the 

shallow-set longline fishery for swordfish. 

In 2006, the tuna harvest was 14.8 million 

pounds, or 57 percent of the state’s total 

annual commercial landings. 2 Longlining 

for swordfish declined from high annual 

harvests of nearly 11 million pounds in 

the early 1990s – when Hawai‘i supplied 

approximately two-thirds of U.S. domestic 

landings for the species 3 – to 2.6 million 

pounds in 2006, 4 primarily due to lawsuits 

involving interactions with endangered sea 

turtles and resulting restrictions. 

Many swordfish longliners left Hawaiian 

waters; others reconfigured their gear to 

fish for tuna. Gear improvements, strict 

limits on interactions with endangered 

species, and 100 percent government 

observer coverage have shown positive 

results since the fishery reopened in 2004. 

Such results point to potential for near-term 

growth in this fishery. Hawai‘i’s longline 

fisheries received high marks in fishery 

management, research, and operations; 

and post-harvest practices and trade when 

ranked according to the United Nations 

Food and Agriculture Organization Code 

of Conduct for Responsible Fisheries, 

an internationally accepted standard for 

responsible and sustainable fisheries. 5 

Estimates indicate that as high as one-third 

of Hawai‘i’s 1.3 million residents fish 

recreationally. 6 Hawai‘i’s recreational 

fishers (a category that includes expense 

3

fishers, who defray costs by selling part 

of their catch) may bring in one-third to 

one-half of the state’s total catch. There 

is difficulty quantifying the impact of 

recreational fishing as insufficient data exist 

regarding the numbers and expenses of 

recreational fishers (only with the recently 

reauthorized federal Magnuson-Stevens 

Act will recreational fishers be required 

to register to fish in federal waters). The 

lack of comprehensive and accurate data 

regarding this sizeable private effort affects 

fisheries management decisions on state 

and federal levels. The state is currently 

assessing means of implementing a catch 

reporting system or registry to complement 

the new federal requirement, with the 

goal of both the state and federal efforts 

being increased quality of data regarding 

recreational fishing effort and its economic 

and environmental implications. 

Hawai‘i’s Oceanic Institute reports that 

two-thirds of the world’s fisheries are 

heavily overfished or entirely depleted, 

almost 100 commercially important 

species are overexploited in the United 

States alone, and the majority of Hawai‘i’s 

coastal fisheries are depleted. 7 A team of 

ecologists and economists warned of global 

seafood population collapse by the middle 

of this century if current overfishing and 

pollution continues. 8 Federal and state 

leaders point to aquaculture as the fastest 

growing form of food production in the 

world, and a means of preventing further 

depletion of wild stocks. In 2006, Hawai‘i’s 

100 aquaculture operations generated 

$40 million, which is considered a fraction 

of the industry’s potential in the state. 

Geographically, Hawai‘i is ideally situated 

between Asia, where the vast majority of 

current and future aquaculture production 

is located, and the U.S. Mainland, 

which imports billions of dollars in 

seafood products, much of it farm-raised. 

Hawai‘i’s public and private research 

and development, science, technology, 

and educational capabilities have been 

and should continue to be developed to 

support the anticipated rapid expansion 

of aquaculture-related opportunities. In 

Hawai‘i, noteworthy progress continues 

to be made in the arena of wild stock 

enhancement programs, which fall under 

the umbrella of aquaculture. 

Essential to the growth of the aquaculture 

industry in the state, Hawai‘i’s ocean 

leasing law went into effect in 1999. 

A bill to open federal waters to aquaculture 

began making its way through Congressional 

hearings in 2007. If the bill is signed 

into law, significant opportunities are 

likely to exist for aquaculture operations 

in the federally managed waters off the 

Hawaiian Islands. Significant environmental 

concerns regarding the growth of ocean 

aquaculture (also referred to as mariculture) 

have been raised and include genetic 

contamination of wild species, water 

pollution, and interference with commercial 

fishing and navigation. 

Other environmental issues affecting the 

health of Hawai‘i’s fisheries and fishing 

industry include land-based pollution 

4

Photo courtesy JOHN KANEKO 

and runoff, recreational and commercial 

overuse, marine debris, and coastal 

development, all of which affect water 

quality and damage coral reef ecosystems, 

which in turn damage the ecosystems 

further up the food chain. Opportunities for 

intervention exist within each impact area. 

For example, there have been hundreds 

of marine debris sites identified by the 

National Oceanic and Atmospheric 

Administration (NOAA); economic growth 

potential exists within implementing a 

long-term solution to the debris identification, 

containment, and removal problem. 

Fisheries management issues, primarily 

the danger of overfishing of bottomfish 

in the Main Hawaiian Islands, garnered 

heightened public and industry attention 

in early 2007. National Marine Fisheries 

Service (NMFS) determined an emergency 

shutdown of the bottomfish fishery was 

necessary to prevent the stock group from 

severe decline. A recent survey indicated 

that the recreational bottomfish catch may 

be double the commercial catch, and an 

unregulated black market also exists. 9 

The fishery will again close for four months 

in 2008. 10 

Hawai‘i’s fisheries are managed under both 

state and federal jurisdiction and regulatory 

programs, with the lead agencies being 

NOAA/NMFS and its subsidiary groups, 

the Western Pacific Fisheries Management 

Council (referred to popularly and in this 

document as Wespac), and the State of 

Hawai‘i Department of Land and Natural 

Resources/Division of Aquatic Resources 

(DAR). Given the nature of living marine 

resources, and their lack of appreciation 

for jurisdictional boundaries, the overlap of 

state-federal oversight of marine life creates 

significant management challenges, in 

Hawai‘i and in other regional fisheries off 

the coasts of the Mainland. 11 Need exists for 

funding of data collection systems, science/ 

research, and additional enforcement 

personnel, both within state jurisdiction and 

the vast waters under federal supervision. 

Opportunity to fund community awareness 

campaigns exists with regard to necessary 

fishery management measures, recreational 

fisher education, registry requirements, and 

the need for increased data accuracy within 

that sector; as well as marketing efforts 

to increase awareness of the significant 

health, safety, and environmental benefits 

of purchasing Hawai‘i’s sustainably fished 

or farmed seafood products. 

5

A Snapshot of 

Hawai‘i’s 

Seafood Industry 

(2006) 

n Seafood demand expected to rise 

nationally and globally. 

n U.S. seafood trade deficit: $8 billion. 12 

n 3,137 commercial fishing licenses issued 

by the state. 13 

n Hawai‘i’s commercial fishers land 26 million 

pounds valued at $66.8 million wholesale. 14 

n Longlining for tuna and swordfish continues 

to top commercial fishing yield. 

n The longline fleet consisted of 127 active 

vessels that made 1,437 trips. 15 

n Hawai‘i’s seafood consumption is three 

times the annual national average of 16 

pounds per person. 16 

n Hawai‘i imports up to two-thirds of its 

seafood supply from U.S. Mainland and 

foreign sources. 17 In 2006, 19.7 million 

pounds of imported seafood were valued at 

$37 million. 18 

n Hawai‘i exported 1.5 million pounds valued 

at $9 million. 19 

Economic Impact 

of Commercial 

Fishing (2002) 

n Total contribution of commercial fishing to 

state’s economy: $69.7 million. 

n Additional economic impact of Hawai‘i’s 

seafood industry: 

n Employee compensation: $11.7 million. 

n Proprietor compensation: $8.6 million. 

n Jobs (wage/salary and proprietor): 2,149. 20 

Hawai‘i’s 

Recreational Fishing 

Activities and 


(2006) 

Due to the lack of recreational fishing catch 

reporting requirements and varying survey 

methodology, a large discrepancy exists in the 

participation numbers and the accompanying 

economic impact of recreational fishing in the 

state. However, even taking into account the 

broad range of reported activity, the following 

data clearly demonstrate the significant impact 

of recreational fishing. 

n U.S. Fish and Wildlife Service: 158,000 

fishers spent $126 million in trip expenses 

and equipment. 21 

n NMFS/DAR Marine Recreational 

Fishing Survey: 396,413 fishers landed 

17.6 million pounds. 22 

n Commercial charter vessels licensed 

in the state: 197. 23 

Aquaculture 

n 100 farms generated $40 million in 2006. 24 

n 30 species of aquatic plants and animals 

have been successfully grown Hawai‘i. 

n Promising research ongoing on dozens 

of other species. 

6

Introduction and 

Background 

Purpose of Report 

The Hawai‘i Fisheries Initiative is a 

statewide examination of Hawai‘i’s fisheries 

and seafood industry. The report explores 

the wide and varied aspects of the fisheries 

industry, including its economic impact 

on Hawai‘i; workforce status; import and 

export characteristics; seafood processing, 

marketing, and quality control; and conservation 

and marine resource management. 

The study also evaluates the cultural and 

historic aspects of fishing; as well as the 

legal, policy, and regulatory framework 

governing our oceans and fisheries. 

This study was prepared with grant funding 

from the U.S. Department of Commerce, 

Economic Development Administration. 

Data Sources & Methodology 

Research was conducted utilizing the 

widest range of authoritative and verifiable 

state, federal, and international resources 

in order to portray the most comprehensive 

picture of the social, political, 

legal, economic, and environmental factors 

that have and will affect the fisheries of 

the Hawaiian Islands and the international 

waters nearby. 

Specifically, this report relies heavily on 

regularly reported and project-based data 

sourced from the National Oceanic and 

Atmospheric Administration, National 

Marine Fisheries Service (NMFS), NMFS 

Pacific Islands Regional Office, NMFS 

Pacific Islands Fisheries Science Center, 

Photo courtesy Aquaculture Development Program 

7

Western Pacific Fisheries Management 

Council, and the State of Hawai‘i 

Department of Land and Natural Resources/ 

Division of Aquatic Resources. In addition, 

non-governmental organizations – such as 

the Pew Charitable Trusts and the publicprivate 

national partnership of the Joint 

Oceans Commission and Hawai‘i-based 

organizations, officials, and individuals – 

provided important pieces to an 

accurate portrayal of the history, current 

status, and future of Hawai‘i’s fisheries and 

fishing industry. 

Caveat About the Data 

What results is a comprehensive study, 

but given the often scattershot nature of 

the data – fisheries being regulated and 

managed by international, federal, and 

state agencies with the intrinsic overlap 

or varying methods of data collection, 

reporting, and accuracy – gaps and 

questions still remain. Of particular 

significance was the lack of current data 

available about Hawai‘i’s fisheries industry. 

Many data sets and reports we referenced 

were over a decade old, but were the only 

information available to us. 

Better Coordination and Updated 

Data Collection Recommended 

The purpose of this report is to provide 

a comprehensive overview of Hawai‘i’s 

fisheries industry. Initially, it was not 

intended that this report provide any 

recommendations about the overall 

direction of the industry per se. However, 

it became imperative for us to note the lack 

of current and comprehensive information 

to decision-makers, policymakers, and 

the general public about one of the most 

important industries in our state – fisheries. 

Better coordination by federal and state 

agencies involved in fisheries management 

is a theme not just of this report, but 

within those federal and state agencies 

themselves. Targeted research, data 

quality, public and industry education, and 

enforcement of existing and new laws and 

regulations are necessary calls to action 

with the central goal of all the efforts 

being sustainable fisheries for Hawai‘i’s 

future. With accurate and credible data and 

information, adequate planning, evaluation, 

and management of Hawai‘i’s fisheries and 

ocean resources can be better achieved. 

In addition, as with any natural resource, 

fisheries are in flux, affected by a multitude 

of factors, some of which include 

land-based development and its resulting 

environmental impacts, the world pressures 

of ocean resource depletion, market supply 

and demand, and many more discussed 

throughout this report. 

8

National and 

Statewide 


of Fisheries 

9

National and 

Statewide 


of Fisheries 

“The significance of our marine fishery 

resources is clear,” said U.S. Department 

of Commerce Secretary Carlos Gutierrez in 

March 2007. “It’s a $65 billion industry and 

a mainstay for countless communities along 

the nation’s 12,000 miles of coastline. As 

the industry grows it’s expected to create 

some 25,000 new jobs and support another 

75,000 in other industries.” 25 

More than $1 trillion – one-tenth of the 

nation’s annual gross domestic product – 

is generated near the nation’s coastline, and 

that number becomes more than half of the 

GDP when taking into account all coastal 

watershed counties, according to the 

Joint Oceans Commission’s 2006 report to 

Congress. In 2003, ocean-related economic 

activities contributed more than $119 billion 

to the American economy and supported 

more than 2.2 million jobs, with roughly 

three-quarters of those totals produced by 

ocean-related tourism and recreation. 26 

Primary Issues 

Facing U.S. 

Fisheries (2007) 

Secretary of Commerce Carlos Gutierrez 

identified the following as key national issues 

related to wild and aquaculture fisheries, 

import/exports, and seafood demand 27 : 

n The United Nations projects a 40 million ton 

global seafood shortage by 2030. 

n Even with the best-managed fisheries, the U.S. 

will not be able to satisfy consumer demand. 

Aquaculture is the means of narrowing the 

trade gap and meeting consumer demand. 

n Aquaculture can be used to decrease U.S. 

seafood trade deficit ($8 billion in 2005) and 

increase market share. 

n The U.S. accounts for 1.5 percent of global 

aquaculture (China generates 70 percent; the 

remainder of Asia, 20 percent). 

n Hawai‘i has 100 aquaculture farms; it is 

considered a leader in the industry, but 

$40 million (2006) is a fraction of what Hawai‘i 

is capable of producing. 

n There is a labor shortage in harvesting 

and processing of seafood; foreign labor is 

necessary. The Hawai‘i Longline Association 

formed a Foreign Crew Task Force in early 

2007 to work with the U.S. Border Protection 

Agency regarding foreign crew visa, bonding, 

and dock-side and dry-dock policies. 28 

n The reauthorized Magnuson-Stevens Act 

requires an end to overfishing by 2011. 

n Rebuild fish stocks through effective, 

market-based management. 

n Aggressively enforce annual catch limits. 

n Promote sustainable use of ocean resources. 

10

U.S. Seafood 

Imports (2006) 

Edible fishery products 

(fresh and frozen seafood, 

canned tuna, caviar, etc.): 

$13.4 billion, an increase of 

$1.3 billion over 2005. 

Non-edible fishery products 

(fish meal, fish oils, seaweeds 

and algae, and pet food ingredients): 

$14.4 billion, up $1.3 billion from 2005. 29 

Countries Supplying 

Seafood to the U.S. (2004): 

Canada: $ 2.1 billion 

Thailand: $ 1.4 billion 

China: $ 1.2 billion 

Chile: $ 668 million 

Vietnam: $ 566 million 30 

U.S. Seafood 

Exports (2006) 

Edible products: $3.9 billion. 

Non-edible products: $11.6 billion. 31 

U.S. Seafood 

Export Markets 

(2004) 

Japan: $ 1 billion 

Canada: $ 752 million 

South Korea: $ 342 million 

China: 

$ 269 million 

Germany: $ 188 million 32 

11

Economics of Hawai‘i’s 

Commercial Fisheries 

Hawai‘i’s fisheries continues to have a 

significant impact on Hawai‘i’s economy. In 

2006, there were 3,137 commercial fishing 

licenses issued. 33 About 26 million pounds 

of wild catch valued at $66.8 million 

(wholesale) were brought in by Hawai‘i’s 

fishing industry. 34 Honolulu ranked 38th 

among all U.S. fishing ports, with 20.9 

million pounds valued at $54.6 million 

(wholesale). 35 Eighty percent of local catch 

is landed in Honolulu and distributed 

primarily through United Fishing Agency’s 

Honolulu fish auction. 

The valued added from commercial fishing 

contributed approximately $69.7 million to 

the state’s annual economy, according to 

an analysis of the June 2006 revised version 

of The 2002 State Input-Output Study for 

Hawai‘i. 36 With the designation of the 

Northwestern Hawaiian Islands (NWHI) 

as a marine national monument and the 

closing of NWHI fishing grounds in 2011, 

it is informative to separate the economic 

impact of the bottomfish fishery in the 

NWHI. Approximately $1.14 million (or just 

over 1 percent of the total) was attributed 

to NWHI bottomfishing in 2002. The major 

purchasers of Hawai‘i’s seafood products 

are eating and drinking establishments, 

hotels, hospitals, and food stores. 37 

Intermediate Demand NWHI Bottomfish Other Commercial Fishing 

Demand for NWHI 

($ thousands) 38 Hotels and Accommodations ..................................................... $ 67.41...............................................$ 4,054.01 

Bottomfish and Other 

Commercial Fishing 

Eating and Drinking ........................................................................... $ 332.47 .............................................$ 19,993.73 

Other Federal Government Enterprises .............................. $ 5.30 .............................................$ 318.80 

Hospitals ..................................................................................................$ 2.53 .............................................$ 152.42 

Food Stores ........................................................................................... $ 1.99 .............................................$ 119.84 

Department Stores ........................................................................... $ 1.43 .............................................$ 86.12 

Sightseeing Transportation ............................................................ $ 1.03 .............................................$ 61.95 

Water Transportation ...................................................................... $ 0.91 .............................................$ 54.94 

Nursing and Residential Care Facilities .................................. $ 0.17 .............................................$ 9.96 

Subtotal intermediate demand ........................................$ 413.24 .....................................$ 24,851.77 

Total (NWHI and other commercial fishing) intermediate demand: $25.3 million 

12

Final Demand NWHI Bottomfish Other Commercial Fishing 

Demand for NWHI 

($ thousands) 39 Beverage Manufacturing ................................................................. $ 115.14 .............................................$ 6,924.30 

Bottomfish and Other 


($ thousands) 38 

Residents ................................................................................................. $ 393.26 .............................................$ 23,649.29 

Visitors ......................................................................................................$ 22.47...............................................$ 1,351.39 

State and Local Government ...................................................... $ 3.35 .............................................$ 201.50 

Exports .....................................................................................................$ 308.11 .............................................$ 18,529.00 

Subtotal final demand ........................................................$ 727.19 .....................................$ 43,731.18 

Total (NWHI and other commercial fishing) final demand: $44.5 million 

Inputs into NWHI Intermediate Inputs NWHI Bottomfish Other Commercial Fishing 

Bottomfishing and Other 


Petroleum Manufacturing .............................................................. $ 129.27 .............................................$ 7,774.09 

Wholesale Trade ................................................................................. $ 70.06 .............................................$ 4,213.50 

Insurance ................................................................................................. $ 34.66 .............................................$ 2,084.23 

Banking and Credit Intermediation .......................................... $ 22.32 .............................................$ 1,342.52 

Transportation Equipment Manufacturing ........................... $ 15.18 .............................................$ 912.66 

Sporting Goods .................................................................................. $ 13.59 .............................................$ 817.06 

Aquaculture ........................................................................................... $ 12.99 .............................................$ 781.10 

Eating and Drinking ........................................................................... $ 10.65 .............................................$ 640.38 

Rest of Intermediate Inputs .......................................................... $ 402.45 .............................................$ 24,226.04 

Subtotal intermediate inputs.............................................$ 826.31......................................$ 49,715.88 

Total combined intermediate inputs: $50.5 million 

13

Imports and Value Added NWHI Bottomfish Other Commercial Fishing 

Inputs into NWHI 

($ thousands) 39 Indirect Business Taxes .....................................................$ 18.34 ...............................................................$ 1,102.94 

Bottomfishing and Other 


Imports ....................................................................................$ 90.70 ...............................................................$ 5,454.22 

Other capital costs ............................................................$ 204.65 ...............................................................$ 12,306.95 

Compensation of employees ......................................$ 192.10 ...............................................................$ 11,552.37 

Proprietor’s income ..........................................................$ 140.05 ...............................................................$ 8,422.07 

Subtotal imports and value added......................$ 645.84 ................................................... $ 38,838.55 

Total combined imports and value added: $39.5 million 

Commercial Fishing Job Count 

Wage and Salary Jobs .......................................................................6.................................................................................335 

Proprietor Job Count...................................................................... 30.............................................................................1,778 

Total wage/salary and proprietor job count: 2,149 

DBEDT, The Hawai‘i Input-Output Study, 2002. 


2004 2005 2006 

Effort by Island 

Commercial licenses issued.................................................2,971................................3,248................................3,137 

(pounds landed) 40 Total pounds landed, all islands............................. 22,230,489....................24,876,316....................24,384,136 

O‘ahu ............................................................................... 18,240,989....................20,610,062....................19,784,305 

Hawai‘i................................................................................2,656,407...................... 3,023,111.......................3,511,979 

Maui.........................................................................................682,425.......................... 601,311...........................502,016 

Kaua‘i and Ni‘ihau.............................................................599,578.......................... 581,048...........................539,168 

Moloka‘i ....................................................................................27,417.............................38,007............................. 28,815 

La – na‘i ..........................................................................................23,673.............................22,777............................. 17,853 

14

Commercial Landings 

by Fishing Method 

(pounds landed) 41 2004 2005 2006 

All methods....................................................................... 22,230,489....................24,876,316....................24,384,136 

Longline .......................................................................... 14,868,196....................17,793,249....................17,927,759 

Trolling.................................................................................3,089,001...................... 2,570,436.......................2,518,381 

Handline............................................................................1,891,831...................... 1,924,653.......................1,604,761 

Aku pole and line.............................................................756,803.......................... 737,156...........................575,815 

Net...........................................................................................858,769.......................... 931,316...........................825,812 

Trap..............................................................................................52,515.............................98,054...........................139,602 

All other methods............................................................713,374.......................... 821,452...........................792,006 

Seafood Imports 

NOAA Fisheries reports 

the following as “true” 

imports, which do not 

include trade with the 

U.S. Mainland. 

2006 

19.7 million pounds 

at $37 million 

2005 

18 million pounds 

at $31.1 million 42 

Seafood Imported and 

Consumed in Hawai‘i 

Hawai‘i’s per capita seafood consumption is 

more than three times the national average 

of nearly 17 pounds per person, which 

provides a stable long-term market for 

the fishing industry (multiplying that out, 

Hawai‘i’s residents consumed more than 

60 million pounds of seafood in 2006). 43 

Hawai‘i’s fishing industry generally supplies 

about one-third of this demand. 44 Hawai‘i’s 

ethnically diverse residents (In 2006, half 

of Hawai‘i’s nearly 1.3 million population 

consisted of persons of Asian, Native 

Hawaiian, and Pacific Island descent 45 ) and 

visitors (approximately 7 million annually) 

prefer fresh, quality seafood, and island 

chefs emphasize the use of locally sourced 

fruits, vegetables, meats, and seafood on 

their menus. 46 

Fresh and frozen fish and shellfish lead 

imports. 47 In a study on average tuna 

imports to Hawai‘i from 1987 to 2003, 

57 percent of imported tuna was fresh, 

23 percent canned, and 20 percent frozen 

(primarily skipjack). Bigeye and yellowfin 

tuna topped the list of fresh imports. 

Fresh tuna supplies (landings plus imports) 

from 1989-2002 steadily increased, with 

more than 12 million pounds supplied to 

the Hawai‘i market in 2002 (of that total, 

tuna imports remained less than 

2 million pounds per year across the study 

span). 48 Hawai‘i imports fresh tuna from 

the Philippines, Indonesia, Micronesia, 

the Marshall Islands, Fiji, and Ecuador. 49 

Fresh mahimahi is imported from Ecuador 

and Costa Rica, depending on market 

conditions. Other types of fish, such as 

halibut and salmon from Alaska and the 

Pacific Northwest, are imported during 

those regions’ fishing seasons. 50 

15

Seafood Exports 

NOAA Fisheries reports 

the following as “true” 

exports, which do not 

include trade with the 

U.S. Mainland. 

2006 


at $9 million 

2005 


at $9.5 million 51 

Seafood Exported from Hawai‘i 

Hawai‘i businesses export seafood products 

to the U.S. Mainland and Japan, and to 

a lesser extent, Europe. 52 However, the 

strong Euro provides increased incentive to 

focus on that market. Tuna and swordfish 

are the primary exports. Hawai‘i exporters 

target the lucrative Japanese market, which 

rewards top-quality seafood products, 

especially tuna. Due to lack of local 

demand, most of the swordfish caught 

by the Hawai‘i-based swordfish longline 

fishery is exported to the U.S. Mainland. 53 

The market price for fish is dependent on 

factors such as size, quality, and quantity 

of fish landed. The primary considerations 

affecting export options for fresh fish are 

quality and shelf life (a time measurement 

dependent on grade, intended use, and 

wholesomeness), according to information 

provided by Wespac. “For example, a 

tuna might range from the highest-quality, 

highest-priced sashimi, or be of such poor 

quality that it is fit only for canning. If the 

shelf life is short, the entire export market 

may be eliminated as a marketing option, 

and fewer such options mean less flexibility 

and generally lower value.” 54 Seafood 

handling and marketing are discussed in 

greater detail in the next section. 

Seafood-related Industries: 

Harbor Operations and Service and 

Supply Infrastructure 

Fishing vessels have a broad spectrum 

of equipment and maintenance needs, 

including specialized paints, equipment 

repairs, refrigeration, sheet metal, 

hydraulics, and fishing gear, just to name 

a few. Ocean and air-freight companies 

transport fresh or frozen Hawai‘i seafood to 

markets on the U.S. Mainland and abroad. 

In 1992, the major harbor industries 

(ocean transportation; ship building 

and repair; commercial fishing; ocean 

recreation; and other support industries) 

generated $1.9 billion in direct sales and 

accounted for 8,298 jobs. 55 Re-supplying 

the foreign fishing boats and refrigerated 

transport ships had a $46 million direct 

economic effect in 1990. 56 More current 

data are unavailable. The issue of harbor 

infrastructure – servicing not only the 

import/export shipping businesses, but 

fishing boats, cruise ships, and ferries – 

remains an important issue almost two 

decades later. 

16

Regional Trends, 

Wholesale 

Markets, 

Quality Control 

and Safety, 

and Consumer 

Education 

17

Regional Trends, 

Wholesale 

Markets, 

Quality Control 

and Safety, 

and Consumer 

Education 

Regional Trends Affecting Hawai‘i’s 

Fishing Industry 

In 2003, the U.S. Coast Guard conducted 

regional “listening sessions,” gathering 

information from commercial and 

recreational fishing industry representatives, 

academia, non-governmental organizations, 

federal and state enforcement agencies, 

and fisheries managers. Honolulu session 

participants included NOAA Pacific Islands 

Regional Office, NOAA Enforcement, 

Wespac, Hawai‘i Department of Aquatic 

Resources, and the Hawai‘i Longline 

Association (representing its more than 200 

members). Regional trends were identified 

and included: 

u Expansion of the foreign fishing fleet is a 

significant threat to fish stock sustainability. 

u The western Pacific is not viewed 

by large U.S. businesses as an area to target 

for expansion. 

u Aquaculture will continue to grow in 

Hawai‘i. Leaders in the private sector, 

University of Hawai‘i, and Oceanic Institute 

have made significant strides in positioning 

Hawai‘i as an aquaculture research and 

development hub. 57 

u An experimental swordfish operation – 

shallow-set longlining – opened in 2004 

after being closed due to interactions with 

endangered species. There are 30 active 

vessels in this limited-entry fishery. Full 

observer coverage and significant reported 

successes through changes in gear and 

techniques are likely to lead to increased 

opportunity in this fishery. 58 

u Illegal, unregulated, and unreported fishing 

is expected to increase. 

u Wholesale catch prices will not keep pace 

with the rising cost of fishing operations. 59 

Wholesale Markets for 

Hawai‘i’s Seafood 

Fisheries management measures, 

regulations, and trade policies (state, 

national, and international) affect Hawai‘i’s 

seafood supply, demand, and pricing. 

Consumer concern over fishing 

practices – dolphin/tuna interactions in 

the purse-seine fleets, high-seas driftnets, 

ocean-bottom trawling, or longlining and 

its bycatch issues – plays a big part in 

national and international policies, which 

in turn affect the local seafood market. 

Seafood safety and sustainability of fishing 

practices is of concern to an increasingly 

sophisticated consumer base. 60 

Commercial fishers on O‘ahu and Hawai‘i 

primarily sell their catch through the 

fish auctions; fishers on other islands 

sell directly to wholesalers and retailers. 

Wholesalers buy, process, export, and sell 

fish to smaller wholesalers, supermarkets, 

fish markets, and restaurants, which 

buy 10-15 percent of Hawai‘i’s fresh 

catch. Some fishers sell their catch on 

consignment, thereby accessing the 

export markets directly. Other fishers, 

usually recreational fishers or small-time 

commercial fishers, sell directly to 

consumers on the roadside. 61 

Fish auctions are unique to Hawai‘i. 

While fishing fleets elsewhere typically 

18

Photo courtesy JOHN KANEKO 

sell their catch almost exclusively through 

wholesalers and corporations that own 

their vessels, Hawai‘i’s fish auctions offer a 

direct marketing option for Hawai‘i’s fishing 

fleet. The fish auctions in Honolulu (run by 

United Fishing Agency) and Hilo (Suisan 

Company) are the only systems in the U.S. – 

other than Fulton Street Market in New 

York and a new auction in Portland, Maine – 

where buyers can inspect the product 

prior to bidding. 62 United Fishing Agency 

can move upwards of 160,000 pounds 

of fish a day through the Honolulu fish 

auction (typically from 70 to 80 percent of 

seafood is landed in the port of Honolulu 

and is sold via its auction). 63 The auction 

process contributes to the high quality of 

Hawai‘i’s seafood: At the auctions, highly 

experienced buyers inspect the quality of 

the catch and bid competitively for the 

best fish and lots. In addition, the sashimi 

market offers its own price incentives for 

the very freshest and best-handled fish. 64 

Fish auctions offer fish by the piece or 

lot. Tuna caught by longline are displayed 

whole (also called “in the round”), 

with wedges cut near the tail so buyers 

can inspect the flesh. Large tuna caught 

by troll or handline have a lengthwise 

quarter removed from the whole fish 

so that the core flesh can be inspected. 

Marlins are halved crosswise to display 

their flesh. Tuna and billfish are auctioned 

first, followed by smaller species (which 

are displayed in the round), including 

bottomfish, reef fish, mackerel, mahimahi, 

ono, crab, lobster, and shellfish. 65 

19

due to the freshness of the fish when it 

comes to market and careful on-board 

handling. 67 Trollers share the burnt tuna 

problem with handliners; charter boats 

have a more difficult time with this issue 

due to increased fight time using a rod 

and reel – shorter fight times and faster 

chilling equal better-quality fish. 68 

Fishers have control over the 

following factors: 

u Freshness: length of the fishing trip and 

at-sea handling of catch. 

Seafood Quality Control and Safety 

Fish marketability is dependent on many 

factors, including a fish’s “shelf life,” which 

is a judgment of quality parameters, such as 

its intended use (sashimi, grilled, smoked, 

etc.), grade, and the wholesomeness of the 

fish, which is largely due to characteristics 

of the particular species and on-board 

handling. Longer shelf life plus high quality 

equal high prices. Tuna caught by longline 

are generally thought to be of higher 

quality than tuna caught by other methods. 

One reason is that the handline tuna fishery 

struggles with “burnt tuna syndrome,” 

thought to be related to the time a fish 

fights on the line, which alters its body 

chemistry and temperature. Burnt tuna’s 

market options are limited; its quality suited 

only to grilling. 66 Trolling is said to 

produce the best quality mahimahi and ono, 

u Initial handling: rough handling, dragging, 

bending, or dropping ruins appearance, 

and also causes loss of a fish’s firm 

consistency and may cause cracking. 

If fish are landed alive, they should be bled 

immediately. Bleeding a fish, especially one 

with red muscle tissue like tuna, removes 

the iron and copper, which if not removed 

promote oxidation and rancidity. Removal 

through immediate bleeding extends shelf 

life and marketability. 

u If a fish is left for an extended period of 

time after capture, the original bright body 

colors will bleach, causing a loss of flesh 

color and a decrease in quality. 

u Chilling: After a fish is bled, it is submerged 

in an ice-seater brine to bring down the core 

temperature. After bleeding, and if a fish is 

landed dead (often the case in longlining), 

catch is individually stored on ice. 

u Fishers can not control other factors 

affecting fish quality, such as spawning. 

Prior to spawning, most fish feed 

voraciously and increase body-fat content, 

20

making them highly desirable. After 

spawning, fat content is low and muscle 

water content is high, which decreases a 

fish’s quality. 

In pole-and-line fishing, catch is usually 

stored in brine water cooled by adding 

ice. Large fish landed alive are bled, and 

sometimes gutted. Fresh fish are stowed 

head down, with ice packed between the 

fish. Longliners pack catch in ice, or, in 

steel-hulled longliners, refrigeration units 

maintain a constant temperature. Some fish 

is frozen at sea. 

If catch is not adequately refrigerated, 

a condition called “honeycombing” can 

occur, where the fish develop pitted and 

cellular-like flesh. In the past, antibiotics 

were used to inhibit microbial activity and 

prevent honeycombing and histamine 

formation. 69 The U.S. Food and Drug 

Administration (FDA) is concerned with 

bacterial growth and enzyme production 

that can occur in fish that remain dead 

in the sea for lengthy periods of time 

after capture and before being properly 

chilled on board. Bacteria, including those 

that form metabolites called biogenic 

amines (such as histamine), begin to 

grow immediately on death. Longer 

exposure at warmer water temperatures – 

such as the time between catch and 

harvest in longlining – creates a situation 

where metabolites can accumulate, 

with some of these amines potentially 

causing scombrotoxin illness (typically a 

mild disease evidenced by allergic-type 

reactions) when the fish is later consumed 

by humans. Hawaiian waters are warm 

enough to be conducive to histamine 

formation and there have been reports of 

fish delivered to the Hawai‘i auctions with 

elevated histamine levels. 70 

In 1997, the FDA effected seafood Hazard 

Analysis Critical Control Point (HACCP) 

regulations, which apply to all seafood 

processors, exporters, and importers in the 

U.S. 71 The FDA recommended that fishers of 

scombrotoxin-forming fish (tuna, mahimahi, 

and others) chill fish within 6 to 12 hours 

of death. This time factor is an issue for 

longline fishers, as fish caught by longliners 

can remain in the water for up to 18 hours 

before being hauled in and chilled. 72 

Such regulations and consumer safety 

concerns have fueled a fisheries-based 

applied sciences industry in Hawai‘i. For 

example, PacMar Inc. performs consulting 

and applied research for the seafood 

industry throughout the Asia-Pacific region. 

Its services include HACCP programs 

and verification audits, seafood quality 

improvement (proper grading, post-harvest 

handling and processing), marketing, 

and export assistance. 73 For NOAA’s 

Hawai‘i Seafood Safety Project, PacMar 

conducted 43 training workshops designed 

to disseminate information, upgrade the 

understanding of seafood safety, and 

encourage the preventative measures based 

on HACCP principles. Through its 2007 

Hawai‘i Seafood Project, NOAA seeks to 

continue to strengthen and sustain the 

economic viability of Hawai‘i’s seafood 

industry through seafood safety research, 

technical assistance, and seafood education. 

21

Consumers of recreational and subsistence 

fishery products are at risk both from 

natural toxins and from environmental 

contaminants. There is a risk of ciguatera 

due to consumption of fish that feed on or 

near tropical reefs and prey upon reef fish. 

Ciguatera originates in certain algae, which 

is consumed by marine finfish. Those 

most commonly associated with ciguatera 

are groupers, barracuda, snappers, jacks, 

mackerel, and triggerfish. 74 

Other health and safety concerns include 

environmental contaminants (industrial 

and municipal discharges, agricultural 

practices, and storm water runoff), 

chemical pollutants, and heavy metals, 

such as mercury in swordfish. 75 Improving 

the regulatory scheme through measures 

such as HACCP programs provides a 

near-term means of managing the safety 

risks associated with seafood consumption; 

longer-term solutions must be directed at 

controlling and ultimately stopping disposal 

of human and industrial waste into the 

world’s fresh and marine waters. 76 

Educating Seafood Consumers 

In 2005, the U.S. Department of Agriculture 

began enforcing country of origin labeling 

(COOL) requirements for seafood products. 

The COOL law requires retailers to label 

seafood with its country of origin and 

whether it was wild or farmed. 77 There is 

currently no USDA organic standard for 

seafood; if labels read “organic,” this is 

likely a certification by agencies based in 

other countries. 78 Seafood labeling – 

including COOL-required, safety, and 

eco-labeling – have clearly become 

important marketing tools that can work for 

the benefit of Hawai‘i’s commercial fishing 

industry through educating local consumers. 

Cryofresh, marketed to be FDA HACCP and 

European Union compliant, is a patented 

“tasteless smoke” product developed 

by Hawai‘i International Seafood to 

suspend oxidation in seafood so it can 

be frozen, stored, and later thawed. The 

primary components of tasteless smoke 

are nitrogen, oxygen, carbon monoxide, 

carbon dioxide, and methane. In addition, 

tasteless smoke contains trace levels 

of various phenols and hydrocarbons. 

Tasteless smoke is said to “capture the 

fresh-like characteristics of color, taste, and 

texture of just-caught seafood.” Seafood 

can be stored in freezers and will maintain 

its fresh look and marketability for three to 

five days after thawing. 79 

Fish must be distinguished – either through 

a label or counter card – as containing 

tasteless smoke or carbon monoxide to 

promote color retention; fish can’t be called 

“fresh” or “fresh frozen” if they contain 

either of these preservatives. In the late 

1990s, as the preservation processes were 

becoming prevalent in the marketplace, 

the FDA, Hawai‘i Department of Health, 

and the fresh-seafood industry pushed for 

labeling and notice measures, concerned 

that unscrupulous importers could use CO 

or tasteless smoke treatments to make old 

fish appear fresher and dupe consumers .80 

22

in four major groups: tuna, billfish, other 

open ocean species, and bottomfish. 

Technical information includes seasonal 

availability, product forms and yields, 

suggested quantities of purchase, and 

preparation methods. Species descriptions 

discuss biology, fishing methods, quality 

control, color, taste, and texture. 81 Events 

such as the Hawai‘i Fishing & Seafood 

Festival also provide chefs and seafood 

experts a forum to educate consumers 

on seafood variety, environmental 

implications, and preparation techniques. 

Other state agencies are involved in 

seafood awareness efforts. For example, 

the Nutrition Education for Wellness 

program is offered by the University 

of Hawai‘i’s Department of Family and 

Consumer Sciences, Department of Human 

Nutrition, Food and Animal Sciences, 

College of Tropical Agriculture and Human 

Resources. Information about seafood 

safety is accessed via its website, 82 which 

also links to another food safety website 

hosted by the state Department of Health. 83 

Significant efforts exist to educate 

Hawai‘i’s general population, commercial 

and recreational fisheries participants, 

commercial purchasers, and seafood 

consumers. For example, the state’s 

Department of Business, Economic 

Development & Tourism, Ocean Resources 

Branch provides its Hawai‘i Seafood 

Buyers’ Guide, tailored to commercial 

purchasers, but also informative for 

consumers. The guide details 16 species 

In 2007, a significant outreach effort was 

implemented by NOAA/NMFS, DAR, 

and Wespac to educate commercial and 

recreational fishers and the seafood 

consuming public about the environmental 

issues affecting bottomfish and the necessity 

of closing that fishery temporarily. 84 In 

addition, NOAA’s Pacific Islands Regional 

Office dramatically increased focus on 

organization, education, and outreach 

efforts in the recreational fishing sector 

by coordinating the inaugural Hawai‘i 

Recreational Fisheries Action Team in 2006. 85 

23

One of the program’s goals is to 

implement outreach projects targeted to 

the general public. 

On a state, national, and international level, 

the following programs serve to educate 

the seafood consuming public: 

u NOAA recently announced the 

establishment of a Seafood Promotion 

Council, designed to inform consumers 

about seafood quality. The Secretary of 

Commerce, or his designate, will sit on the 

council to approve the marketing plans, but 

the council efforts will not be funded by 

the U.S. government. 86 

u Marine Stewardship Council certifies fish 

as being caught with sustainable methods, 

according to U.N. Food and Agriculture 

Organization guidelines. MSC reported that 

Wal-Mart, the world’s largest retailer, has 

committed to sourcing its fresh and frozen 

fish from MSC-certified sources. Retail 

sales of MSC-labeled fish grew 76 percent 

in 2006. 87 

u Seafood Choices Alliance’s consumer guides 

offer guidance in buying and producing 

sustainably fished seafood via background 

information on select fish and shellfish – 

farmed and wild – and a directory of 

“ocean-friendly” seafood suppliers. 88 

Seafood Safe uses the Environmental 

Protection Agency’s comprehensive 

Guidance for Assessing Chemical 

Contaminant Data for Use in Fish 

Advisories, which contains the EPA’s 

Risk-Based Consumption Tables. 90 

u FishWise labels, also associated with 

Environmental Defense’s ocean campaign, 

indicate where the fish came from and 

whether the fishing methods used are 

sustainable. Labels are color-coded as 

being good (green), questionable (yellow), 

or bad (red) environmental choices. 91 

u Monterey Bay Aquarium’s Seafood Watch 

program evaluates the ecological sustainability 

of wild-caught and farmed seafood 

commonly found in the United States 

marketplace. Regional pocket guides, 

which include a Hawai‘i section, may 

be downloaded at www.montereybayaquarium.org. 

The program’s goals are to 

raise awareness of important ocean conservation 

issues and to shift the buying habits 

of consumers, restaurateurs, and other 

seafood purveyors to support sustainable 

fishing and aquaculture practices. 92 

u Ecofish’s Seafood Safe, which is partnered 

with Environmental Defense’s Oceans 

Alive education/advocacy program, tests for 

mercury and PCBs in seafood, and informs 

the public through labels that include 

information on how many servings of fish 

they can safely eat in a month. 89 

24

Aquaculture 


25

With expected increases in population – 

Aquaculture 

as well as the heightened consumer 

awareness of seafood’s nutritional benefits – 

the U.S. is expected to need an additional 

supply of 2 million metric tons of seafood 

by 2025. 93 More than 80 percent of the 

seafood consumed by Americans is 

imported, with 40 percent of the imports 

from farmed seafood. 94 

Aquaculture (farming of fresh and saltwater 

plants and animals; also called mariculture 

as it pertains to saltwater aquaculture) is 

the fastest growing form of food production 

in the world, and the U.S. government is 

eager to boost its market share. 95 In early 

2007, the Bush administration’s National 

Offshore Aquaculture Act of 2007 was 

sent to Congress, and is currently making 

its way through the legislative hearings 

process. 96 The economic driver for the Act 

is an $8 billion U.S. seafood trade deficit, 

and increased offshore aquaculture – fish 

and shellfish farming – is targeted to reduce 

that deficit, while providing additional 

jobs and income for coastal communities, 

and increasing regional food supply and 

security. 97 The possibilities of far-offshore 

aquaculture are distinguished from an 

established $1 billion state-waters-based 

aquaculture industry, dominated primarily 

by freshwater species like catfish and trout, 

and marine shellfish such as oysters, clams, 

and mussels. 98 

NOAA, which will take the lead on 

management of the proposed aquaculture 

industry in federal waters, suggests 

that offshore aquaculture is a means of 

addressing the widening gap between 

seafood demand and wild seafood supply. 99 

The offshore area is being targeted 

because there are fewer competing uses 

farther from shore, as well as the environmental 

considerations addressed by 

moving production into deeper water and 

stronger ocean currents. 100 Open-ocean 

demonstration and commercial operations 

are located in the state waters of Hawai‘i, 

New Hampshire, and Puerto Rico. 101 

The Act would establish legal processes 

for permits, enforcement, and monitoring. 

Highlights of the bill include: 

u Authorize the Secretary of Commerce to 

issue offshore aquaculture permits for 

federal waters. 

u Require the Secretary of Commerce to 

establish environmental requirements 

and to coordinate with federal agencies 

to develop and implement a streamlined 

permitting process for offshore aquaculture. 

u Permitting and management of offshore 

aquaculture activities would be a joint effort 

between federal agencies and the state 

government (permitting will be done by 

NOAA/NMFS, with consultation by the state, 

other federal agencies, and the public). 

u Exempt permitted offshore aquaculture 

operations from fishing regulations that 

restrict size, season, and harvest methods. 

u Establish a research and development 

program that would allow NOAA to 

fund scientific research and technology 

development to facilitate expansion of 

marine aquaculture. 102 

26

Aquabusiness 

Opportunities 

in Hawai‘i 

According to Hawai‘i Department of 

Agriculture’s Aquaculture Development 

Program, the following create an ideal 

environment for aquaculture businesses: 

n Natural resources support a variety of species 

and production technologies. 

n Year-round growing climate. 

n Immediate farm acquisition and 

investment opportunities. 

n Sophisticated infrastructure support for 

high-technology. 

n Highly educated labor force. 

n Internationally experienced consultants. 

n College-level training and degree education. 

n Committed government support for financial 

and technical assistance. 

n Political stability and a predictable 

legal environment. 

n An understanding regulatory environment. 

n Excellent transportation system. 

n Outstanding telecommunications. 

n Quick access sites in an aquaculture park. 

n Demonstrated process to lease ocean space 

for commercial aquaculture. 103 


27

Hawai‘i’s Aquaculture Potential 

Expansion of Commercial Aquaculture 

Significant opportunity for growth exists 

in offshore aquaculture. 

n Industry expansion: 

13 farms in 1976 to 100 farms in 2006, 

producing $40 million. 104 

n Targeted sectors: 

n High value seafood products for local 

consumption and export. 

n Macroalgae or seaweeds for food or 

specialty chemicals. 

n Microalgae for health foods or 

specialty chemicals. 

n Production of pathogen-free broodstock 

and seedstock. 

n Marine and freshwater aquarium species 

for export. 

n Offshore and open-ocean production 

of fish. 

n Research and educational activities 

expected to accelerate with the rapid 

expansion of the industry. 

n Trained workforce needed in Hawai‘i and 

around the world. 105 

U.S. Secretary of Commerce Carlos 

Gutierrez calls the current production in 

Hawai‘i’s aquaculture industry “a fraction of 

what it could be.” 106 Aquaculture employed 

approximately 942 people in 2003. 107 In 

2005, fresh and saltwater production of 

shellfish, finfish, algae, and ornamentals 

produced $28.4 million, up from $22.2 

million in 2001. 108 

“It’s the Silicon Valley of aquaculture,” 

Gutierrez said following a late 2006 tour of 

Kona Blue Water Farms, an open-water fish 

farm off the Kona coast, and the second 

commercial open-ocean aquaculture in 

the state. 109 Hatchery techniques were 

developed via a $1.5 million federal grant 

from the Department of Commerce’s 

Advanced Technology Program. 110 

The company farms kahala (amberjack) – 

branded as Kona Kampachi – in six pens 

located in 200-foot deep water, each 

holding 50,000 fish. Each pen equates 

to $1.2 million in annual sales. 111 

A portion of start-up funding – in the 

form of a $4 million investment to build 

the open-ocean cage farm – came from 

Cornerstone Holdings, whose president 

is Tom McCloskey, the former head of 

Horizon Organic Dairy, the world’s largest 

organic dairy and a long-time advocate of 

sustainable agriculture and aquaculture. 112 

Several other state waters ventures are in 

the planning stages. 113 

28

More than 30 species of plants and 

animals have been successfully grown in 

Hawai‘i’s fresh and ocean waters. Spirulina 

and Hematococus microalgae, used in 

aquaculture feed additives and for human 

nutritional supplements, were the leading 

species in terms of value, generating 

$11 million in farm sales in 2003. Cyanotech, 

from its 90-acre facility on the Big Island, 

leads the pack in terms of sales. Other 

aquaculture products include shellfish 

such as marine shrimp, freshwater prawns, 

crayfish, lobsters, oysters, clams, snails, 

and abalone; finfish such as Japanese 

flounder, Chinese catfish, tilapia, carp, 

mullet, moi (threadfin), awa (milkfish); as 

well as shellfish and finfish seedstock and 

broodstock (babies or parent animals). 114 

Asia is projected to lead in the development 

of aquaculture operations, and Hawai‘i is 

in prime position as a source of technical 

expertise and training, as well as education. 

Targeted sectors for commercial aquaculture 

production include high-value seafood 

products for local consumption and 

export; algae or seaweeds for food or 

specialty chemicals; pathogen-free 

broodstock and seedstock; marine and 

freshwater aquarium species for export; 

and offshore and open-ocean production 

of fish and shellfish. 115 

Hawai‘i’s aquaculture industry is 

divided into two sectors: commercial 

production and research and technology 

transfer (research, training, education, 

and consulting). In the late 1980s, the 

information sector of the industry outpaced 

production revenues. Of the $10 million 

generated annually, major contributors 

were federal research grants (50 percent), 

state research (10 percent), and private 

research and consulting companies 

(40 percent). 116 In 2003, the research and 

technology transfer sector generated 

$12 million, while the commercial 

production sector generated $27.7 million. 


29

The flat growth of the information sector 

has been primarily attributed to state and 

federal funding cutbacks. Major funding 

sources have historically been the U.S. 

Department of Agriculture and the U.S. 

Department of Commerce. 117 NOAA, via 

its National Marine Aquaculture Initiative 

(NMAI), a special competitive grants 

program established in 1998 to support 

marine aquaculture development, has 

funded about $15 million in projects. 

Credited with jumpstarting the local 

industry, the Hawai‘i Ocean Aquaculture 

Research Project, which demonstrated 

offshore cage culture of moi (Pacific 

threadfin), was funded via NMAI. 118 

In 2006, the Hawai‘i Offshore Aquaculture 

Research Project, a joint effort between 

University of Hawai‘i and Oceanic Institute 

scientists, was funded via a $400,000 grant 

from NMAI. Using existing aquaculture 

operations and research infrastructure, 

the project will address critical scientific 

and regulatory issues in the genetic 

management of cultured stocks, examine 

fish health management approaches, 

and advance the environmental modeling 

of water quality around offshore cages. 119 

The Big Island’s Natural Energy Laboratory 

of Hawai‘i Authority (NELHA), an 870-acre 

site in Kailua-Kona, welcomed its 15th 

aquaculture company recently. 120 Kona 

Coast LLC, a shellfish producer from 

Washington and one of the leading 

producers of oysters nationwide, will soon 

bring larval oysters to Hawaiian waters 

where they will grow quicker. Once the 

oysters reach the juvenile stage, they will 

be shipped back to the West Coast to grow 

to the necessary market size. 121 

Several commercial advancements have 

made news in the past few years. In 

2002, with assistance from the Oceanic 

Institute and DLNR’s Anuenue Fisheries 

Research Center, Cates International began 

cultivating moi in four Sea Station 3000 

submersible cages two miles off Ewa 

Beach, O‘ahu. The majority of the fish 

produced were sold via Hawai‘i markets, 

including fine dining establishments. 

Difficulties with hatchery production of moi 

fingerlings slowed production in 2006, but 

a planned hatchery facility on the Leeward 

Coast of O‘ahu forecasts production of 

12 million fingerlings a year. 122 

30

Leasing Hawai‘i’s 

Waters: 

Legal Framework 

and Permitting 

Process 


31

Leasing Hawai‘i’s 

Waters: 

Legal Framework 

and Permitting 

Process 

Hawai‘i’s Ocean Leasing Law went into 

effect in 1999. Cates International was 

the first U.S. firm to sign a commercial 

open-ocean aquaculture lease in the United 

States. Governor Linda Lingle credits the 

expertise Hawai‘i has developed at the 

University of Hawai‘i, at the non-profit 

Oceanic Institute, and among numerous 

private sector aquaculture firms with 

making Hawai‘i an “internationally 

recognized source of information and best 

practices in this field.” 

At the 2006 annual meeting of the Hawai‘i 

Aquaculture Association, Dr. John Forster, 

an internationally recognized aquaculture 

expert, addressed Hawai‘i’s opportunities, 

noting its strengths: vast ocean space, 

clean water, subtropical climate, multiple 

potential species, technology leadership, 

state support, an isolated island location, 

Hawai‘i’s strong ocean-leasing law, and 

industry momentum. Challenges identified 

by Dr. Forster include the islands’ limited 

shallow water, limited land areas, high costs, 

island location, and complex regulations. 123 

The State Department of Agriculture’s 

Aquaculture Development Program is 

the lead agency, facilitating discussions 

between companies desiring permits and 

leases and the state regulatory agencies. 124 

The regulatory agency oversight and 

permitting scheme is generally as follows: 

u HRS §190D details the state’s ocean and 

submerged lands leasing law. State waters 

are classified as Conservation, under a 

special “resource” subzone. 

u For purposes of applying the ocean 

leasing law, “mariculture” is defined as 

the aquaculture, cultivation, and production 

for research, development, demonstration, 

and commercial purposes of aquatic plants 

and animals within state marine waters, 

but excludes floating structures that are 

not anchored. 125 

u DLNR’s Office of Conservation and 

Coastal Lands determines environmentally 

acceptable uses within the state’s Conservation 

District, as well as the conditions 

for granting a permit for operations in 

this zone. The Board of Land and Natural 

Resources (BLNR) ultimately decides on the 

issuance of specific Conservation District 

Use permits. 

u DLNR’s Land Division issues and 

administers ocean leases. 

u DLNR/DAR – a no-fee Aquaculture 

Dealer License is required for any dealer, 

retailer, wholesaler, or restaurant to resell 

regulated marine life raised in a licensed 

aquaculture facility. 126 

u State Department of Health, Clean Water 

Branch regulates effluent discharge from 

cages via a Zone of Mixing permit. Cages 

holding 100,000 pounds or more of product 

each year require a National Pollution 

Discharge Elimination System permit. 

u U.S. Army Corps of Engineers, via a Section 

10 permit, determines how and where 

cages can be anchored in state waters. 

32

u Leases may not conflict with konohiki 

fishing rights, including the right to sublease 

private konohiki fishing grounds. 127 

u Revenue from state marine waters leases is 

deposited into a special land development 

fund earmarked for planning, research, and 

development of the aquaculture industry, 

excluding the portion of revenues subject 

to chapter 10, the public land trust fund. 128 

u State aquaculture loans (financial assistance 

for development of the aquaculture 

industry in the state) are administered by 

the Department of Agriculture. 129 

Environmental Concerns: 

Is Aquaculture Simply 

an “Open Ocean Feed Lot”? 

Environmental concerns – escape of farmed 

fish into the wild population and possible 

resulting genetic contamination, excess 

feed, water pollution – are required by the 

Act to be addressed by measures intended 

to avoid, minimize, or mitigate impacts. 

NOAA is also authorized to take emergency 

corrective measures if necessary. 130 Funding 

for research and technology is included 

in the 2007 bill, but absent is a provision 

for royalty or lease payments for private 

use of the ocean, a public resource. This is 

unlike other federal laws, such as those for 

offshore oil and gas leases. 131 

Open-ocean aquaculture meets differing 

receptions. Calls for action – cooperative 

action between fishers and environmental 

groups – support strong legislative controls 

and enforcement to ensure that aquaculture 

operations do not threaten living marine 

resources, fishers’ livelihoods, or the 

environment. In an opinion article for the 

Pacific Coast Federation of Fishermen’s 

Associations, fishers called for specific 

controls: “[No] aquaculture should be 

permitted in coastal waters or the EEZ 

unless it can first be demonstrated to: 

1) be non-polluting; 2) not spread disease 

or parasites into the wild; 3) not allow 

escape of fish; 4) use only native stocks, 

and no non-natives or genetically 

modified fish; 5) not interfere with or 

impair fishing or maritime activities; and 

6) result in a net increase in usable protein 

(not the net loss that now occurs with 

shrimp, salmon and most carnivorous 

finfish aquaculture operations).” 132 


33

Christopher Mann, a senior officer at The 

Pew Charitable Trusts, addressed the 

implications of the 2007 aquaculture bill: 

If done correctly, aquaculture can be 

an important and sustainable source of 

seafood. However, the scientific evidence 

shows finfish farming causes considerable 

damage to the marine environment. 

Before the federal government allows 

aquaculture in the open ocean, it must 

first address the substantial environmental 

problems that continue to plague 

the industry. 

Some forms of aquaculture, such as 

shellfish farming, contribute positively 

to the global seafood supply. Raising 

salmon or tuna as currently practiced 

does not appear to be environmentally 

sustainable. The Pew Charitable Trusts 

is particularly concerned about the 

dependence of marine fish farming 

on wild fish for food, which results in 

farmed fish consuming many times their 

weight in wild fish. This is no way to 

feed the world, as it ultimately reduces 

the amount of fish available for human 

consumption. In addition, escaped 

farmed fish can compete with wild fish, 

transmit disease, and harm the genetics 

of struggling wild fish stocks. This is 

no time to jeopardize the modest gains 

we are making in restoring wild fish 

populations. 

Until Congress and the administration 

address these concerns, it is imprudent to 

open our offshore waters to this new use. 

We cannot allow short-term economic 

interests to trump long-term conservation 

of our marine resources. We made this 

mistake in the past with the management 

of our fishing industry, and we are only 

now beginning to see some stocks recover. 

The administration’s proposal has a long 

way to go before it becomes the kind of 

aquaculture policy the nation needs. 

The devil is truly in the details here. 

We need a precautionary approach that 

puts protection of wild fish and marine 

ecosystems first. The Pew Charitable 

Trusts is committed to working with the 

Department of Commerce and others to 

ensure that aquaculture development 

proceeds along this path. 133 

Wespac also notes several areas of 

concern, primarily in user conflicts 

and environmental impacts. The 

council encourages the development 

of aquaculture operations that follow 

certain guidelines, including the priority 

use of genetic stocks native to Hawai‘i, 

opposition to collection of juvenile native 

species, regulation of the collection of 

native broodstock to prevent overfishing, 

and safeguards for protecting the 

health of wild species from disease 

and genetic influences of captive fish. 

Other recommendations include locating 

aquaculture operations to avoid high-traffic 

marine areas, as well as away from areas 

important to commercial and recreational 

fishing. The council also flags protected 

marine species interactions, safety 

response for natural weather events like 

tsunamis and tropical storms, and health 

and water quality issues. 

34

Recreational 

Fishing in Hawai‘i 

35

Recreational 

Fishing in Hawai‘i 

Recreational Fishing Activity in Hawai‘i 

(U.S. Fish and Wildlife Service, 2006) 134 

Recreational fishers: 

158,000 

(58 percent in-state residents; 

42 percent from out of state) 

Food and lodging: 

Transportation: 

Other trip costs: 

$ 24 million 

$ 25 million 

$ 29 million 

Portion of Hawai‘i’s population that 

participates in recreational fishing: 

9 percent 

Trip-related expenses: $ 79 million 

Equipment: $ 46 million 

Fishing equipment: $ 38 million 

Auxiliary equipment: $ 6 million 

Other items: $ 942,000 

NMFS/PIRO reports significantly greater 

numbers of recreational fishers than does 

FWS; one reason for this discrepancy may 

be survey methodology and accuracy, and 

also the lack of licensing and reporting 

requirements for recreational fishers. The 

2006 Hawai‘i Marine Recreational Fishing 

Survey (HMRFS) estimated that 396,413 

recreational fishers brought in 17.6 million 

pounds of fish. 135 A 1996 survey of small 

boat fishers classified 41 percent as expense 

fishers (those who sell part of their catch 

to offset expenses), 28 percent as pure 

recreational/sustenance fishers (who do not 

sell their catch), and the remainder as fullor 

part-time commercial fishers. 136 

The recently reauthorized Magnuson- 

Stevens Act requires a regionally-based 

registry program for recreational fishers 

who fish in federal waters (3-200 nautical 

miles from shore). 137 The program is 

fee-free until 2011 and provides for 

registration of individuals engaged in 

recreational fishing, including identification 

and contact information, and, 

36

if appropriate, registration of the vessels 

used in that fishing effort. The purpose 

behind requiring federal recreational fisher 

registration is to improve the quality, 

accuracy, and utility of the national Marine 

Recreational Fishery Statistical Survey. 

Providing goods and services to Hawai‘i’s 

recreational fishers is an important industry 

segment. Multiplying out the economic 

impact of recreational fishers generated a 

ripple effect of more than $238 million in 

1996, resulting in more than 3,000 jobs – 

$70 million in worker earnings – plus 

sales and income taxes that benefit the 

entire local economy (more current data 

unavailable). 138 Many angler expenditures 

occur in rural areas, increasing the 

economic health of small communities. 139 

In addition to direct purchase of fishing 

related equipment, boats, and trailers, 

other economic benefits received from 

recreational fishers include property and 

vehicle taxes; licensing fees; sport-fishing 

business permits, licenses, and taxes; 

boat mooring, storage, maintenance, 

and insurance; ice, bait, and other direct 

expenses; fuel and other transportation 

costs; lodging; and meals and refreshments. 

Photo courtesy Hawaii Division of Aquatic Resources 

37

Hawai‘i Marine Recreational Fishing Survey 

Private Boat 

Fishing Method Big Island Oahu Kauai Maui 

Fishing Method by 

Trolling ................................................................. 71.09 ..........................51.56...........................73.08..........................67.61 

County, 2005 140 

Handlining ................................................................5.9 .............................1.04................................2.2.............................2.52 

Bottomfishing.......................................................7.37 .............................4.17............................. 9.34................................6.6 

Casting .....................................................................7.96 ..........................29.69............................. 8.79.............................9.43 

Netting............................................................................0 ....................................0................................3.3.............................0.31 

Spearfishing ...........................................................3.83 .............................5.73............................. 2.75..........................11.32 

Other........................................................................1.18 .............................5.73....................................0.............................0.31 

Shore Fishing 

Fishing Method Big Island Oahu Kauai Maui 

Method by 

Rod & Reel......................................................... 81.75 ..........................77.57...........................81.55..........................75.07 

County, 2005 141 Net.............................................................................4.43 .............................4.72............................. 3.93.............................5.79 

Spear.........................................................................9.38 ..........................12.48...........................12.89..........................15.73 

Other........................................................................4.08 .............................4.89............................. 0.95.............................2.89 

38

Charter Fishing 

Catch data for the charter industry is 

collected via commercial fishing reports; 

however in the spring of 2007, DAR identified 

that of 197 charter vessels in the state, 

only 121 had obtained commercial marine 

licenses. DAR encourages the remainder of 

the charter fleet to comply with licensing 

and reporting. 142 The number of charter 

vessels has remained fairly constant over 

the past few decades. It was estimated that 

charter patrons spent $61 million (adjusted 

to 1995 dollars). 143 Pelagic charter fishing 

(which was defined for the purpose of 

a 2001 study as six-person vessels that 

target blue and striped marlin) remains 

an important part of Hawai‘i’s tourism 

industry. Charter operations attracted 77,000 

participants – typically educated, relatively 

prosperous, middle-class American males – 

and employed approximately 400 captains 

and crewmembers. 144 The majority of 

charter patrons preferred catch-and-release 

for marlin, ono, aku, and mahimahi unless 

the local population provides sufficient 

demand for sales. Only 3 percent of charter 

patrons opt for mounting their catch as 

trophies. The majority (79 percent) said that 

they would repeat the trip, given the same 

weather, catch (or lack thereof), cost, and 

other factors. 145 

Hawai‘i’s tourists are more likely to be 

repeat visitors (62.5 percent of total 

visitors in 2005) who stay on one island 

(77 percent in 2005) for their entire trip, 

according to the Hawai‘i Convention 

and Visitors Bureau. 146 Visitors from the 

U.S. Mainland dominate (63.3 percent of 

total arrivals in 2005), with 40 percent 

originating from the West Coast. Major 

market areas continue to be: U.S. West, 

U.S. East, Japan, Canada, and Europe. 147 

More than 80 percent come for pleasure. 

More than half of Hawai‘i’s visiting 

tournament anglers have household 

incomes of more than $110,000, according 

to a 2006 report. Anglers who charter 

boats spend an average of $1,492 per 

tournament; while anglers who do not 

charter boats for tournaments spend an 

average of $868. Four-member teams who 

pay to charter a boat spend nearly $6,000 

on a tournament trip, as compared to about 

$3,500 per tournament trip for teams that 

do not have to charter or rent. Out-of-state 

or off-island tournament participants spend 

additional sums for hotels, rental cars, and 

other travel-related expenses. On average, 

out-of-state tournament anglers bring two 

additional family members and stay for 

10 days. 148 

39

Fishing Tournaments and Clubs 

Approximately two dozen major fishing 

tournaments, run by 13 clubs and 5 organizations 

draw throngs of recreational fishers 

to the big game lure of Hawai‘i’s waters. 149 

Tournament fishing has a large economic 

impact in Hawai‘i in terms of jobs, 

tourism, and fish. The professionally run 

tournaments require many employees to 

coordinate registration, fishing, award 

ceremonies, and entertainment. Their 

salaries are paid in part by the entry fees 

of the tournament. [Tournaments] attract 

affluent fishers and their families to 

vacation in Hawai‘i. Many are drawn by 

the incentive of participating in an 

enjoyable activity coupled with the 

possibility of winning money. … Fish markets 

often send a freezer truck to larger 

tournaments to buy fish after weigh-in. 150 

The oldest and largest fishing clubs in the 

state are the Hawai‘i Yacht Club, which 

was founded in 1901 by King David 

Kalakaua, and the Hawai‘i Big Game 

Fishing Club. The Hawaiian International 

Billfish Tournament (HIBT), the 

first large-scale fishing tournament in the 

islands, was founded in 1959 as a way 

to lure big-game fishers to Kailua-Kona. 

The first tournament drew 22 teams; two 

years later, it had grown to 79 teams, and 

charter boats flocked to the Big Island to 

meet the increased demand. In 2006, 30 

teams gathered from around the world, 

including Australia, the Bahamas, Japan, 

New Zealand, Papua New Guinea, South 

Africa and throughout the U.S. including 

California, Florida, Hawai‘i, and North 

Carolina. 151 Since 1988, the tournament, 

which does not offer cash prizes, has 

encouraged conservation via implementing 

a tag-and-release awards system and strict 

adherence to International Game Fish 

Association (IGFA) rules. 152 

The positive effects of sportfishing are felt 

throughout the community. Fishing clubs 

often donate money from tournaments or 

manpower to various charitable causes 

and cleanup efforts. For example, the 

Kaneohe Yacht Club raises thousands 

of dollars annually for the American 

Cancer Association by selling fish caught 

at the club’s monthly tournaments. The 

Waianae Boat Fishing Club sponsors a 

monthly harbor cleanup. Huggo’s Wahine 

Tournament is a benefit for the Family 

Support Services of Hawai‘i. 

40

Fisheries 

Management and 

Enforcement 

41


Management and 

Enforcement 

Main Commercial Fisheries in Hawai‘i 

n Longlining for highly migratory pelagics n Handlining for bottomfish and 

(tuna and swordfish) 

coral reef fish 

n Trolling for tuna and other pelagics 

(mahimahi, ono, etc.) 

n Pole-and-line (aku boat) for 

skipjack tuna (aku) 

n Handlining – ika-shibi (night) and palu-ahi 

(day) – for bigeye and yellowfin tuna 

n Trap fishery for lobster and shrimp 

n Precious coral harvest (by scuba 

or submersible) previously occurred 

in federal waters but is currently 

restricted to state waters. 153 

Wespac Territory: Fishery Management 

Plans and Fishery Ecosystem Plans 

Wespac monitors and manages the fisheries 

within the U.S. EEZ, and develops Fishery 

Management Plans (FMPs) following the 

guidelines set out in the Magnuson-Stevens 

Act. 154 FMPs are in place for the following 

stock groups and species on the federal 

Fish Stock Sustainability Index (FSSI), 

which is an annual report to Congress on 

the health of the nation’s most important 

commercial and recreational stocks. The 

stock status for many of Hawai‘i’s fish 

species remains unknown. Overfishing 

(fishing mortality above sustainable 

levels) guidelines for FMPs are set out 

in the Sustainable Fisheries Act of 1996 

amendments to the 1976 MSA. 155 FMPs also 

exist for stocks that are not on the FSSI list. 156 

u West Coast Highly Migratory Species and 

Pelagic Fisheries of the Western Pacific 

Region – Pacific bigeye and bluefin, North 

Pacific albacore and swordfish, Pacific 

mahimahi, and North Pacific blue shark 

u Pelagic Fisheries of the Western Pacific 

Region – Central Western Pacific skipjack, 

yellowfin, and striped marlin; South Pacific 

albacore; Indo-Pacific blue marlin; Pacific 

shortbill spearfish, ono (wahoo), opah 

(moonfish); and tropical Pacific kawakawa 

u Bottomfish and Seamount Groundfish 

Fisheries of the Western Pacific Region – 

multi-species complex of the Hawaiian 

Archipelago 

u Coral Reef Ecosystems of the Western 

Pacific Region – multi-species coral reef 

ecosystem species, 157 bigeye scad, and 

mackerel scad. 158 

u Crustaceans 

42

Fishery Ecosystem Plans 

Under MSA mandates, FMPs are evolving 

from stock- or species-based management 

plans to ecosystem (place-based) plans 

called Fisheries Ecosystem Plans (FEPs). 

However, this is not a new concept. In 

1871, Spencer Baird, the commissioner 

of the U.S. Commission of Fish and 

Fisheries (NMFS’s predecessor agency), 

placed marine ecological studies among 

his agency’s top priorities. 159 According to 

Baird, an understanding of fish 

“…would not be complete without a 

thorough knowledge of their associates in 

the sea, especially of such as prey upon 

them or constitute their food.” 160 

With the 1996 Sustainable Fisheries Act 

amendments to the Magnuson-Stevens 

Act, ecological concerns began to truly 

share the spotlight that had been primarily 

trained on the economic interests of the 

U.S. fishing industry, and secondarily on 

the long-term sustainability of the marine 

species supporting that economic sector. 161 

The 1996 MSA required the regional 

fisheries management councils to set 

harvest rates at or below the maximum 

sustainable yield (MSY) for a fishery; 

develop rebuilding plans for those fisheries 

that have been overly exploited; and 

implement measures to reduce bycatch and 

protect essential fish habitat. 162 

Along with the 1996 amendments, 

Congress directed NMFS to bring together 

experts – industry members, academics, 

conservation organizations, and fishery 

management agencies – to assess how 

ecosystem principles could be further 

incorporated into fisheries management. 163 

Ecosystem Principles Advisory Panel 

(EPAP) recommendations were based 

on the fundamental concept that the 

ecosystem management measures would 

contribute to the stability of economic 

activity and employment in the fishing 

industry, through first protecting the marine 

biodiversity upon which the commercial 

and recreational fisheries depend. However, 

the advisory panel cautioned, “Absent the 

political will to stop overfishing, protect 

habitat, and support expanded research 

and monitoring programs, an ecosystembased 

approach cannot be effective.” 164 

43

A comprehensive ecosystem-based fisheries 

management approach would require 

managers to consider all interactions 

that a target fish stock has with predators, 

competitors, and prey species; the effects of 

weather and climate on fisheries biology 

and ecology; the complex interactions 

between fishes and their habitat; and the 

effects of fishing on fish stocks and their 

habitat. However, the approach need not 

be endlessly complicated. An initial step 

may require only that managers consider 

how the harvesting of one species might 

impact other species in the ecosystem. 

Fishery management decisions made at 

this level of understanding can prevent 

significant and potentially irreversible 

changes in marine ecosystems caused 

by fishing. 165 

The 2006 MSA furthered Congressional 

support for ecosystem-based management 

of the nation’s fisheries. 166 Building on 

the recommendations of the first EPAP 

panel, the MSA mandates that fisheries 

management councils undertake and 

complete studies on the current state of 

integrating ecosystem considerations in 

their FMPs. 167 

Conversion of all Wespac FMPs to FEPs is 

underway. The Coral Reef Ecosystem FMP 

became the first ecosystem-based FMP in 

the nation in 2001, following President 

Clinton’s creation of the Northwestern 

Hawaiian Islands Coral Reef Ecosystem 

Reserve in 2000. 168 In the intervening years, 

Wespac began to incorporate and draft 

ecosystem-based measures for its western 

Pacific bottomfish, pelagic, precious coral, 

and crustacean FMPs. 169 A multi-step 

approach is being used: Wespac released 

the Hawai‘i Archipelago Fishery Ecosystem 

Plan in December 2005. Rather than 

implementing any new regulations, the FEP 

begins the integration of the ecosystem 

approach by combining the management 

provisions of existing FMPs, except 

pelagics, which will be managed under a 

separate FEP. Once the FEPs have been 

reviewed by NMFS and approved by the 

Secretary of Commerce, geographic reorganization 

of regulations will take place. 170 

The Hawaiian Archipelago Marine Ecosystem 

Research Plan furthers Wespac and NMFS’s 

shift to ecosystem management. 171 Its 

core research themes include ecosystem 

indicators and metrics, biodiversity, connectivity, 

human interactions, sustainability, 

resilience and recovery, and modeling 

and forecasting. 172 The draft plan is under 

review by the management team, which 

consists of representatives from Wespac, 

NMFS, U.S. Fish and Wildlife Service, 

DAR, and others. 173 The final plan will be 

reviewed by an independent panel of 

physical, biological, and social scientists 

nationally recognized for their work in 

ecosystems research. 174 

44

Papaha – naumokua – kea Marine 

National Monument: Northwestern 

Hawaiian Islands 

In June 2006, the Papaha – naumokua – kea 

Marine National Monument (PMNM) was 

created in the Northwestern Hawaiian 

Islands; the monument extends 50 nautical 

miles to each side of the 1,200 nm chain of 

coral islands, seamounts, banks, shoals, and 

islands northwest of Kaua‘i. Currently, there 

are eight permitted commercial fishing 

boats (due to monument restrictions, the 

permit number will not increase), and the 

proclamation also established total annual 

catch limits for bottomfish and pelagics, 

as well as restricted-use Special Preservation 

Areas and Ecological Reserves (areas 

of no commercial bottomfishing). The 

multi-agency management plan for the 

monument is expected to be finalized by 

late 2007. 175 

In 2003, bottomfish from the NWHI 

provided approximately half of the total 

harvest; by the terms of the proclamation, 

the NWHI bottomfish harvest is limited 

to 350,000 pounds annually. In 2006, 

the NWHI bottomfish fishery brought in 

$645,150, or less than 1 percent of Hawai‘i’s 

$70 million wholesale fishing industry. The 

average return to owners whose vessels 

operate in the NWHI was $17,000 in 2003, 

and the average return to owner-operators 

was $43,341. 176 There had been discussions 

between the handful of remaining NWHI 

fishing permit holders and the Pew 

Charitable Trusts, which offered the fishers 

five times their average annual income 

to stop fishing early. Discussions proved 

unfruitful, and Pew abandoned its efforts. 177 

PMNM will be closed to commercial fishing 

in 2011. Estimates vary considerably as to 

what effect the closure of the Northwestern 

Hawaiian Islands fishing grounds will have 

on the industry, with Wespac cautioning 

that closure will eliminate a major source 

of locally caught bottomfish. 178 Wespac 

is currently considering a geographic 

reformation of its limited-access fishery 

management plan (which currently 

extends to 200 nm) to adhere to the 50 nm 

monument boundary surrounding the 

seamounts and atolls. This would serve 

to open the 50-200 nm zone to other 

Hawai‘i fishers. 179 

45

State of Hawai‘i Fisheries Programs 

Goals for State Fisheries Management 

DAR’s 2006 report to the state legislature 

set out a series of near-term goals: 

n Evaluate and amend administrative 

rules covering fisheries management 

methods, such as closed seasons, 

bag limits, minimum sizes, gear restrictions, 

and total harvest limits 

n Establish measures to deal with aquatic 

alien species introduced through ship 

ballast water and hull fouling; improve 

the invasive species response and 

management plans 

n Increase community involvement in an 

advisory capacity 

n Work with the Hawaiian community to 

develop protocols for sustainable traditional 

and cultural fishing practices 

n Expand the recreational fish catch 

surveys statewide 

n Expand stock-enhancement programs, 

including the artificial reef program 180 

n Expand aquatic education and 

outreach efforts statewide to raise 

awareness of fisheries management 

issues and opportunities 

DAR’s programs cover a wide range of 

activities in near-shore areas (the state’s 

0-3 nm zone): fish and habitat surveys, 

artificial reef installations (both shallow 

and deeper water for bottomfish habitat), 

fish aggregation devices, education/ 

training, commercial fisher licensing, the 

recreational fishers survey, and identifying 

and implementing Marine Life Conservation 

Districts (MLCDs), which limit or prohibit 

fishing and other activities in specified 

marine areas. 181 

O‘ahu’s Hanauma Bay became the state’s first 

MLCD 40 years ago. 182 Many early MLCDs were 

established with conservation and education 

in mind, rather than to enhance fish stocks; this 

resulted in MLCDs that vary in size, habitat 

quality, and management systems. A NOAA 

study released in March 2007 confirms that 

MLCDs that prohibit all fishing activity show 

higher fish biomass, larger overall fish sizes, 

and higher biodiversity than similar adjacent 

marine habitat areas. Areas with rotating 

closures do not appear to be effective as a 

stock-enhancement tool. 

46

Areas that are too small are also ineffective; 

and the study showed that, while effective 

within their boundaries, all existing MLCDs 

appear too small to have measurable 

positive effects on adjacent fished areas. 

A caveat to this broad statement as to the 

efficacy of closed areas is that it may work 

to protect some species and not for others, 

largely due to the difficulty in precisely 

determining habitat for species such as 

bottomfish, for example. 183 

While MLCDs help the fish, DAR also helps 

fishers. The state deploys Fish Aggregating 

Devices (FADs) in the waters surrounding 

the main Hawaiian Islands. 184 Surface and 

subsurface FADs attract schools of pelagic 

fish, giving commercial and recreational 

fishers a leg up on their fishing efforts. 185 

Top species caught around FADs include 

tuna, mahimahi, ono, billfish, opelu, 

kawakawa, and sharks. 186 

The Anuenue Fisheries Research Center 

is DAR’s stock-enhancement hub. 187 

Current natural stock enhancement 

experiments include the release of mullet 

fingerlings into Hilo Bay and Kona-coast 

areas on the island of Hawai‘i, and 

the spawning, larval rearing, tagging, 

releasing, and coastal monitoring of moi 

li‘i (juvenile moi) in the waters off Maui 

and O‘ahu. 188 Reared and released moi 

comprised more than 10 percent of this 

recreational fishery along the windward 

coast of O‘ahu one year after release, and 

the scientific information generated by this 

fishery restoration effort may be even more 

significant. 189 More than 6,200 tagged moi 

were released in 2006 and the first months 

of 2007. 190 To determine the success of the 

moi stock enhancement, DNA analysis will 

determine whether cultured moi are mating 

with wild moi. 191 Culture experiments also 

involve kumu, ulua, aholehole, hybrid rose 

tilapia, and Samoan crab. 

Collaborative studies are being conducted 

on moi and opakapaka in cooperation 

with Hawai‘i Institute of Marine Biology 

47

In its eighth year, 2,164 volunteer 

recreational fishers in DAR’s Ulua Tagging 

Project have tagged a total of 27,427 ulua 

and papio (juvenile ulua), a species highly 

targeted by recreational fishers. More than 

3,600 recoveries have been made (a 13.3 

percent recovery rate), generating important 

stock assessment data for the species. 195 

An opakapaka tag-and-release program is 

also ongoing. 196 

and the Oceanic Institute. 192 In addition, 

DAR provides support and infrastructure 

assistance to the University of Hawai‘i’s 

Sea Grant Extension Program, the Center 

for Tropical and Subtropical Aquaculture, 

Waikiki Aquarium, the Hawai‘i Aquaculture 

Association, and the Hawai‘i Cooperative 

Fishery Unit, an adjunct of the University 

of Hawai‘i Department of Zoology that is 

active in graduate training and research in 

sport fisheries. 193 

DAR works with communities to strengthen 

local involvement in the health of their 

marine resources through revitalizing local 

traditions and natural resource knowledge. 

Community-based management of 

subsistence fishing areas has been 

encouraged by the state since 1994. 194 

Consensus building between the different 

factions (international, federal, state, local 

community, and native peoples) has become 

a call-to-action in marine management 

circles, not just in Hawai‘i, but throughout 

the Pacific and in international forums. 

Community-based management signifies 

not only incorporating the involvement 

of aboriginals, but also including current 

residents of coastal communities. Yet, 

working examples remain relatively rare 

in Hawai‘i. “A few remote areas under 

community control have standing stocks 

of fishes equivalent to those found in 

no-take Marine Life Conservation Districts. 

However, despite the fact that no-take marine 

refuges and areas under community-based 

management have proven to be successful 

fisheries management strategies, less than 

1 percent of the coastal areas in Hawai‘i 

are managed in these ways.” 197 Limitations 

on implementation include state funding, 

personnel, and enforcement issues; 

organized community-based management 

groups able to go the long haul in 

terms of volunteer support and funding; 

and navigation by these groups of a 

time-consuming regulatory system. 

48

State and Federal Fisheries 

Management Practices 

Many external factors affect fisheries 

management: politics (state, federal, 

international), community interest groups, 

environmental concerns (such as bycatch 

of endangered species), and land and 

sea pollution. NMFS, Wespac, and DAR 

are charged with balancing the health 

of marine ecosystems on one hand with 

providing economic opportunities for 

the fishing community on the other. 198 

Management methods include a host 

of tools, all subject to implementation 

via strict federal and state rulemaking 

processes, many of which take years 

to fully implement. NOAA recently 

completed nine public meetings and a 

45-day comment period to hear ideas 

from fishing communities about ways 

to end overfishing. After evaluating the 

public comments, the agency will release 

a range of proposals for public review and 

comment in late summer 2007. 199 

Based on the most scientifically 

reliable stock assessment data, fisheries 

management techniques include closed 

areas, closed seasons, closing a fishery 

completely, size limits (minimum sizes 

allowing for at least one spawning to 

occur; maximum sizes to allow the biggest 

fish – and most productive egg layers – 

to repopulate the species), individual 

fishing quotas (where individual fishers 

have an exclusive, market-based share of 

the annual harvest quota), and limited-entry 

programs, where a set number of permits 

or licenses are issued (determining who 

is given access to the fishery is a hotly 

debated topic; one means of allocation is 

past participation in the fishery). The first 

significant limited-entry access program 

in the nation was the permitting system 

devised for the NWHI. 200 

Each management method has its plusses 

and minuses, and its enforcement 

challenges. For example, seasonal closures 

typically protect a fish population during 

its spawning season, but once the season 

is open, fishing pressure resumes and 

some stocks may need years to recover, 

not months. 201 Closing a season based 

on reaching a predetermined catch limit 

requires a strong, timely effort to track 

catch, effort, landings, and sales. 202 The 

effectiveness of management measures is 

measured by recreational and commercial 

catch reports, subsequent stock 

assessments, and enforcement activities. 203 

Recreational fishing effort can be limited 

via the same measures as commercial 

fishers, or other techniques can be used, 

such as trip limits or bag limits (such as the 

daily maximum five ehu or onaga allowed 

to each recreational fisher). Limiting 

recreational fishing effort is realistically 

effective only with conscious public participation 

– so community buy-in is especially 

important in the recreational sector 

unless more stringent reporting, licensing, 

permitting, and enforcement systems are 

put in place. 

49

Stock Assessment and Catch Data 

Underreporting by commercial fishers and 

illegal, unreported, and unregulated fishing 

are general criticisms of the reliability 

of stock assessment data. 204 In Hawai‘i, 

the lack of a reporting requirement for 

recreational fishing efforts produces 

uncertainty in management decisions. Some 

reports place the nearshore recreational 

catch as equal to, or greater than, its 

commercial counterpart. 205 Currently, 

recreational fishing data is available 

through the Marine Recreational Fishery 

Statistics Survey 206 and other surveys. 

Commercial data is collected in several 

ways: logbooks, port sampling, landings 

reports, processor/dealer reports, and 

the NOAA observer program. Each 

data-collection system has its advantages 

and disadvantages, including timing 

issues. Data issues include collecting data 

in a reliable, timely, appropriate manner; 

having the resources to analyze the data 

in a timely manner; and using the data in 

enforcement measures, such as mid-season 

closures when necessary. 207 

Stock assessments for the federally 

managed fisheries are prepared and 

reviewed by NMFS Pacific Islands Regional 

Office (PIRO) and Pacific Islands Fisheries 

Science Center (PIFSC), and Wespac. As 

the science of fisheries management is 

not exact, many scientific tools combine 

to create as accurate a picture as possible. 

Measures include: 

u Catch Per Unit Effort (CPUE) – each hook 

(or in the case of longlining, a group of 

1,000 hooks) equals 1 unit of effort. If 

it takes more hooks to catch the same 

amount of fish over time, this indicates 

that stocks may be declining. Commercial 

fishers provide CPUE data via their 

logbooks and catch reports. 

u Maximum Sustainable Yield (MSY) – the 

largest volume of catch that can be taken 

without tipping the scales into overfishing. 

Optimum Sustainable Yield (OSY) is 

defined under the MSA as the MSY minus 

a buffer to protect the stock from being 

overfished. A precautionary approach 

dictates that the greater the uncertainty in 

a fisheries’ status, the larger the buffer 

should be. 

u Spawning Potential Ratio (SPR) – 

a measurement of the sexually mature 

individuals in the total catch. Using catch 

rates and size frequencies, scientists can 

estimate “spawning biomass,” or the 

current status of the stock as compared 

with its “virgin spawning biomass” 

(a 100 percent value given to a stock as if it 

had never experienced fishing pressure). 

If the SPR drops below 20 percent, a stock 

is in trouble. 208 

NMFS and Wespac seek to improve the 

quality and reliability of stock assessments 

and have considered various options, 

including using the Center for Independent 

Experts, located at the University of 

Miami, 209 or a process called the Western 

50

Pacific Stock Assessment and Review 

(WPSAR), similar to the Southeast 

Fisheries Science Center’s Southeast Data, 

Assessment, and Review (SEDAR) process 

and in which Wespac scientists would play 

a more active role. 210 Wespac had, in the 

past, supported a SEDAR-like process, but 

funding for implementation has not yet 

been available. 211 

Licensing and Permitting 

Limited-access privilege programs 212 

assigned to fishers, fishing communities, 

and regional fishing associations were 

designed to “end the race for fish, improve 

the quality of catches, and protect those 

who earn their livelihood from fishing.” 213 

Wespac’s NWHI permitting system is an 

example of such a limited-access program. 

DAR issues licenses and permits for 

fishing and selling marine species, and 

most permits require that commercial 

fishers report effort and catch monthly. 214 

In late 2005, more than half of the 3,030 

commercial fishers were behind in their 

reporting by at least two months, and more 

than 200 commercial fishers 

(about 7 percent of the total) were at least 

10 months behind in their reporting. When 

commercial fishers do not submit their 

reports, it creates problems in managing 

the fisheries – such as evaluating and 

responding to potential overfishing. 

Following courtesy letters and public 

notices, DLNR/DAR began to refuse 

reissuing commercial fishing licenses to 

the most delinquent fishers. 215 As a means 

of improving economic ex-vessel data, 

DAR implemented the commercial marine 

dealer report system in 1999, requiring 

dealers who buy fish directly from licensed 

commercial fishers to submit monthly 

reports to the state. 216 

Replacing the fishing report system 

with a statewide creel survey program – 

where full-time surveyors work launch 

ramps, harbors, and shorelines, gathering 

on-site information from fishers – would 

be a more accurate and timely means of 

gathering data, but DLNR/DAR’s budget 

and staffing cannot support this massive 

effort at this time. 217 

The 2006 MSA will soon require registration 

of recreational fishers who fish in federal 

waters. 218 It remains to be seen whether 

and how the state and federal agencies will 

cooperate on this effort. 

51

2006 State Fishing 

Licenses and Permits 

n Commercial marine license: 3,137 

n Commercial bait license: 18 

n Commercial aquarium permit: 172 

n Recreational aquarium permit: 137 

n Special marine product possession and 

sale license: 92 

n Aquaculture facility license: 16 

n Aquaculture dealer license: 26 

n Locally caught Kona crab and 

lobster license: 64 219 

Annual Catch Limits and 

Accountability Measures 

Required under the 2006 MSA, Annual 

Catch Limits (ACLs) and Accountability 

Measures (AMs) seek to end and prevent 

overfishing in all U.S. commercial and 

recreational fisheries in 2010 for stocks 

subject to overfishing and in 2011 for all 

others. 220 To accomplish the goals for ACLs 

(also referred to as Total Allowable Catch, 

or TAC), “overfishing levels” first need 

to be established – an annual amount of 

catch that would result in overfishing if 

exceeded. The ACL would be set below 

this “maximum sustainable yield” (MSY) 

to ensure that overfishing does not occur. 

Such recommendations may not be in 

excess of the fishing level recommended 

by each fisheries council’s scientific and 

statistical committee or the peer review 

process established under the MSA. 221 

Wespac utilizes a precautionary approach, 

typically as follows: If its science and 

statistical committee reports a MSY of X, 

the council will set the cap or limit at 80 

percent of X. 222 

ACLs may be subdivided into sectors; for 

example, an ACL could be set for types of 

fishing gear used, or whether the effort is 

commercial or recreational. AMs – action 

plans such as in-season closure once 

ACL is met or corrective measures taken 

during the next fishing year when an ACL 

is exceeded – may also be established 

for each sector. As Wespac designs and 

implements its ACLs and AMs, key considerations 

include the scientific knowledge 

of stocks, as well as monitoring and catch 

data reliability. 223 A precautionary approach 

could be taken when there is less scientific 

certainty about the health of a fish species 

or stock complex – a broader buffer zone 

between the (presumed) overfishing level 

and the ACL. ACL management measures 

do not require at-sea enforcement until 

after the annual catch limit is reached. 224 

NOAA’s Observer Program 

NMFS, via its Office of Science and 

Technology, deploys observers onboard 

commercial vessels to record catch and 

bycatch (catch of non-target species; 

52

also refers to the incidental take 

of protected marine mammals and 

endangered species such as sea turtles and 

seabirds). Participating agencies include: 

Wespac, U.S. Fish and Wildlife Service, 

U.S. Coast Guard, and the NMFS Office of 

Enforcement. 225 

Due to past issues with the incidental 

take of endangered species, 100 percent 

observer coverage is mandated in the 

shallow-set longline swordfish fishery. 

Approximately 30 vessels participated in 

the fishery in 2005, logging nearly 1,600 

fishing days a year (28 days on an average 

trip). The fishery closes once the annual 

bycatch cap of endangered loggerhead (17) 

and leatherback (16) turtles is reached. 226 

The longline tuna fishery has approximately 

25 percent observer coverage. In 

2005, 164 federal limited-entry longline 

permits were allowed in the fishery, and 

approximately 110 vessels actively fished. 

Bycatch includes several species of shark; 

incidental takes include loggerhead, 

leatherback, olive ridley, and green sea 

turtles; black-footed and Laysan albatross; 

dolphins; and pilot, humpback, false killer, 

and sperm whales. 227 

The observer program for the NWHI 

bottomfish fishery was initiated in 2003 to 

document protected species interactions 

(monk seals, seabirds). Data on catch 

and discards is also collected. The eight 

permitted vessels fished an average of 

1,200 days in 2005; observer coverage was 

20 percent. 228 

Monitoring and Enforcement 

Enforcement is labor and resource 

intensive. Effective enforcement depends 

on many factors: availability of personnel 

and equipment, cohesive management 

regimens in federal and state fisheries 

management plans, and the specific 

management plan being enforced. State 

and federal enforcement agencies include: 

u U.S. Coast Guard – helicopters can spot 

vessels, NOAA/DLNR dockside agents 

board and inspect for violations 229 

u NOAA/NMFS Pacific Islands Division Office 

of Law Enforcement 230 

u NOAA Office of the General Counsel, 

Southwest Regional Office – enforces 

federal violations 231 

u NOAA/NMFS Pacific Islands Division Office 

of Law Enforcement 232 

u DLNR Division of Conservation and 

Resources Enforcement (DOCARE) 233 

53

Violations of marine-related laws can range 

from Magnuson-Stevens, Endangered 

Species Act, and Lacey Act violations to 

shark finning, seabird mitigation measures, 

recordkeeping and reporting, or fishing 

in closed areas or off-season. 234 Fisheries 

enforcement involves two main areas: 

dockside and at sea, with important state 

and federal jurisdictional issues coming 

into play. 235 The U.S. Coast Guard’s most 

effective means of at-sea enforcement 

is use of its aviation equipment; it also 

conducts at-sea boardings. 236 Main 

enforcement measures include: 

u Vessel-based patrols and at-sea boarding 237 

u Aerial monitoring – a limitation is that such 

observation does not confirm possession 

of prohibited species; however, USCG 

C-130s can query vessels to determine their 

activities and follow up with boarding 238 

u Vessel Monitoring System (VMS) 239 – satellite 

tracking of vessels reduces the need for 

costly at-sea and air patrols. 240 VMS shows 

the whereabouts of vessels, and their 

identity and activity. 241 NOAA Fisheries 

Service Office for Law Enforcement and the 

USCG monitor VMS data (Wespac is also 

an authorized user); longline vessels are 

required to activate the units when leaving 

port (If vessels are spotted but are not 

transmitting, that would be a violation). 242 

VMS indicates that longline sets are being 

made; the information can be confirmed 

via catch logs, master’s statements, and 

vessel boarding. For fisheries management 

54

purposes, VMS can help determine, in 

a timely manner, when catch limits within 

designated areas have been reached; 

VMS can also monitor activity near critical 

habitat areas. VMS complements NOAA 

observer programs. 243 

u Dockside monitoring of landings and sales – 

state and federal concerns include insufficient 

staffing to provide necessary coverage 244 

A small vessel tracking system pilot project 

is underway via a partnership between 

Wespac and the U.S. Coast Guard, and 

contractor Oceantronics Inc. 245 Using VHF 

frequencies (radio transmission) similar 

to those used in Automatic Identification 

System (AIS) allows agencies to track 

small vessels (less than 50 feet in length), 

providing a cost-effective plan for both 

enforcement and safety monitoring. 246 The 

range currently being tested is 50 miles 

from shore, although higher antennas could 

extend the range to 100 miles. 247 

Seasonal closures – such as a seasonal 

closure for bottomfish in the MHI – have 

been examined by the U.S. Coast Guard, 

which recommends an “extremely strong 

shoreside enforcement component,” to 

complement at-sea enforcement (For 

example, possession of bottomfish during 

the closed period would be illegal). 248 

Currently, the state does not distinguish 

between commercially and recreationally 

registered bottomfish boats (both have 

to display a BF designation on their 

vessels). 249 So, for example, if a TAC only 

affects the commercial sector, it makes 

enforcement more difficult as the agent 

would need to board and inspect the 

catch, then determine whether the fisher is 

commercial or recreational, and 

if commercial, whether he intends to sell 

the catch. 250 

Ecological Acoustic Recorders (EARs) 

are successfully being used to monitor 

coral reef ecosystems in Hawai‘i and 

elsewhere, and they’ve also proven 

effective at picking up vessel sounds. In 

the National Park of American Samoa, an 

EAR that had been deployed for seven 

weeks recorded much more boat traffic 

than the scientists expected. Most of the 

vessel activity took place in the early 

evening and night hours. EARs may prove 

to have significant enforcement potential as 

well as their primary use as environmental 

monitoring devices. 251 

Bycatch and Endangered Species 

Interaction Issues 

The MSA defines bycatch as fish caught 

but not kept for personal use or sold, and 

this includes fish that are discarded for 

economic or regulatory reasons as well. 

Since 1990, protected species bycatch 

issues have increasingly impacted fisheries 

management. As previously noted, seabird 

bycatch primarily affects the pelagic 

longline fisheries. Sea turtle bycatch affects 

the swordfish longline fishery and the 

bottomfish and pelagic handline fisheries 

to a much lesser extent. No reports of 

seabird or sea turtle incidental catch 

have occurred in the lobster, coral reef, 

or precious coral fisheries; no reports of 

hawksbill, leatherback, loggerhead, 

55

or Olive Ridley sea turtles have been 

reported in the bottomfish fishery, 

despite the turtles known to be in the 

same habitat regions. 252 

Regarding species in Hawaiian waters, 

federal protection under the Endangered 

Species Act 253 is accorded seven species 

of marine mammals, five species of 

sea turtles, and one species of seabird. 

Other marine mammals and seabirds 

are protected under the Marine Mammal 

Protection Act 254 or the U.S. Migratory 

Bird Treaty Act. 255 Potentially, a species 

can be listed both under the ESA and 

the MMPA. 256 

In the pelagics fisheries, the largest 

component of bycatch is sharks, primarily 

the blue shark, which have a high 

post-release survival rate. Sharks and 

other finfish are discarded for economic 

and regulatory reasons. In the past, many 

sharks were finned; however, both state 

and federal regulations now prohibit this 

practice. In 2001, 96 percent of the 45,000 

sharks caught in the longline fisheries 

were discarded, with the balance retained 

whole. Interactions with seabirds and 

sea turtles remain issues in the longline 

fisheries; there have been no reported 

interactions between longliners and 

Hawaiian monk seals since 1993, and 

very few interactions between longliners 

and ESA-listed whales. Research into 

sea temperatures is showing promise in 

locating potential turtle territory so that 

swordfish longliners, armed with this 

information, can avoid that depth range. 257 

Changes in species release and handling 

procedures and fishing methods – such as 

side setting and the use of circle hooks – 

have shown to be effective means of 

reducing seabird and sea turtle bycatch, 

or dealing with caught species to limit 

physical damage or mortality. 258 Side 

setting shows potential for eliminating 

seabird bycatch in the longline tuna fishery 

and reducing bycatch by 87 percent in the 

longline swordfish fishery. 259 Side setting of 

longline gear moves operations from the 

back of the boats to the side; crew set the 

baited hooks close to the vessel’s side, and 

seabirds are unable (or unwilling) to dive 

on the bait. 260 The practice was voluntarily 

adopted by 15 percent of the Hawai‘ibased 

longline fleet before Wespac began 

to formally consider including this seabirdavoidance 

measure in its regulations. 261 

Use of nets contributes to bycatch – fish 

drop out before harvest either injured or 

dead, and ghost (lost) nets continue to 

capture and kill fish, and destroy coral and 

valuable habitat. A major concern with 

lay gillnets is the entangling and killing 

of protected species such as sea turtles or 

monk seals. Lay gillnets have been called 

one of the most destructive near-shore 

fishing methods, snaring indiscriminately 

both targeted and non-targeted species, 

as well as destroying bottom habitat. 

Bycatch can amount to fifteen times the 

amount of targeted catch. Recently, DAR 

implemented gillnet regulations for size, 

time, and area limitations. 262 

56

History and 

Status of Hawai‘i’s 

Primary Fisheries 

57

History and 

Status of Hawai‘i’s 

Primary Fisheries 

2006 Commercial Landings by Species 263 

AFS Species Name Pounds Dollars Price Per Pound 

ALFONSIN ...................................................................................3 .........................................7...................................2.33 

BARRACUDAS...............................................................32,627 .............................31,481.......................................96 

BILLFISHES ..............................................................................271 ................................... 347...................................1.28 

BUTTERFLYFISHES ............................................................403 ................................... 399.......................................99 

DOLPHINFISH (mahimahi)..............................1,337,174 ......................3,629,869...................................2.71 

EELS.............................................................................................933 ................................1,048...................................1.12 

EMPERORS......................................................................... 1,684 ................................4,140...................................2.46 

ESCOLAR............................................................................ 4,062 ................................4,311...................................1.06 

FINFISHES, UNC GENERAL..................................13,478 .............................33,745...................................2.50 

GLASSEYE SNAPPER................................................... 3,050 ................................9,779...................................3.21 

GOATFISHES...................................................................30,672 .............................92,602...................................3.02 

GROUPERS......................................................................26,932 ..........................139,656...................................5.19 

JACK, ALMACO ...................................................................323 ................................... 530...................................1.64 

JACK, BLACK..........................................................................367 ................................... 543...................................1.48 

JACKS ...................................................................................23,930 .............................57,555...................................2.41 

JOBFISH, GREEN........................................................142,230 ..........................443,511...................................3.12 

LEATHER-BACK ..................................................................420 ................................... 762...................................1.81 

LEATHERJACKETS ......................................................... 1,521 ................................2,699...................................1.77 

MACKEREL, FRIGATE..........................................................88 ................................... 285...................................3.24 

MARLIN, BLACK.............................................................. 9,245 ................................9,873...................................1.07 

MARLIN, BLUE ............................................................977,245 ..........................969,143.......................................99 

MARLIN, STRIPED.................................................1,490,250 ......................1,601,999...................................1.07 

MULLET, STRIPED .......................................................... 7,961 .............................28,134...................................3.53 

58


AFS Species Name Pounds Dollars Price Per Pound 

MULLETS....................................................................................49 ................................... 131...................................2.67 

OCEAN SUNFISH................................................................77 .........................................9.......................................12 

OILFISH............................................................................417,146 ..........................839,945...................................2.01 

OPAH............................................................................1,093,224 ......................1,905,999...................................1.74 

PARROTFISHES..............................................................25,779 .............................85,344...................................3.31 

POMFRETS....................................................................584,014 ......................1,328,421...................................2.27 

RUNNER, RAINBOW.................................................. 1,768 ................................3,618...................................2.05 

SAILFISH.............................................................................18,442 .............................15,460.......................................84 

SCAD, BIGEYE.............................................................235,624 ..........................550,467...................................2.34 

SCAD, MACKEREL....................................................196,242 ..........................448,969...................................2.29 

SCORPIONFISHES ........................................................ 2,090 ................................8,060...................................3.86 

SEA CHUBS .....................................................................34,759 .............................35,675...................................1.03 

SHARK, MAKOS .........................................................198,645 ..........................120,558.......................................61 

SHARKS................................................................................ 2,670 ................................... 917.......................................34 

SNAKE MACKEREL.................................................................1 .........................................2...................................2.00 

SNAPPERS .....................................................................236,218 ......................1,306,129...................................5.53 

SPEARFISHES ...............................................................362,830 ..........................378,405...................................1.04 

SQUIRRELFISHES ........................................................27,140 ..........................104,522...................................3.85 

SURGEONFISHES........................................................65,704 ..........................110,781...................................1.69 

SWORDFISH............................................................2,602,183 ......................5,237,498...................................2.01 

TARPON, HAWAIIAN................................................. 1,016 ................................1,021...................................1.00 

THREADFINS........................................................................366 ................................1,830...................................5.00 

THRESHER SHARKS...................................................73,732 .............................31,013.......................................42 

59


AFS Species Name Pounds Dollars......Price Per Pound 

TILAPIAS..................................................................................605 ................................1,145...................................1.89 

TUNA, ALBACORE..................................................764,709 ......................1,283,926...................................1.68 

TUNA, BIGEYE.....................................................10,136,398 ................... 34,226,435...................................3.38 

TUNA, KAWAKAWA................................................... 2,920 ................................5,325...................................1.82 

TUNA, SKIPJACK........................................................867,271 ......................1,195,219...................................1.38 

TUNA, YELLOWFIN ............................................3,026,303 ......................7,917,411...................................2.62 

TUNAS.................................................................................. 1,303 ................................1,362...................................1.05 

WAHOO........................................................................892,581 ......................2,329,696...................................2.61 

Subtotal........................................................25,976,678................66,537,711 

CRABS................................................................................... 6,651 .............................29,432...................................4.43 

LIMPETS................................................................................ 5,072 .............................57,043................................11.25 

LOBSTER, BANDED SPINY..................................... 6,178 .............................59,527...................................9.64 

LOBSTER, SLIPPER...................................................................3 ......................................24...................................8.00 

OCTOPUS........................................................................17,694 .............................60,038...................................3.39 

SEA CUCUMBER................................................................174 ................................... 612...................................3.52 

SEAWEEDS ........................................................................ 6,547 .............................30,834...................................4.71 

SHRIMP, DENDROBRANCHIATA..................................5 ......................................30...................................6.00 

SQUIDS ................................................................................ 1,902 ................................4,711...................................2.48 

Subtotal............................................................... 44,226......................242,251 

Grand Total.................................................26,020,904................66,779,962 

60

Pacific Pelagics: History and Status of 

Hawai‘i’s Longline Fisheries 

Longlining for Tuna 

and Swordfish 

Tuna and swordfish have remained 

Hawai‘i’s top-yielding fisheries for 

decades, as demonstrated by the results 

of a 2000 study. 

n Total ex-vessel (wholesale) value for 

tuna and swordfish longline fisheries: 

$50 million ($3 million over 1999) 

n Per boat averages 

n Swordfish vessel gross 

revenue: $490,301 

n Large swordfish vessels 

generated the highest gross 

revenue: $526,277 

n Swordfish vessels’ net 

return: $27,484 

n Tuna vessel gross revenue: $495,456 

n Tuna vessels’ net return: $55,058 264 

Hawai‘i’s pelagic fishery – which predominantly 

targets tuna – is the most economically 

important sector of the fishing 

industry, generating the greatest quantity 

of catch and the resulting income. Longline 

fishing yields more than two-thirds of the 

pelagic fish harvest. 265 However, due to the 

highly migratory nature of pelagic fish, the 

fishery also has significant international 

management issues. The Hawai‘i pelagic 

longline fleet comprises 3 percent of the 

total pelagic longline vessels that operate 

in the central and western Pacific Ocean, 

and the Hawai‘i fleet is 5 percent of total 

effort, in terms of numbers of hooks set. 

The Hawai‘i longline fleet operates within 

and outside the EEZ. Unlike most of the 

U.S. Mainland’s coastal zones, the Hawaiian 

Islands drop off fairly sharply and there is 

little coastal shelf, which is a prime reason 

pelagic fish make up the vast majority 

of commercial fisheries production. 266 

The Pelagics Fishery Management Plan, 

developed by Wespac and approved by 

NOAA in 1987, initially regulated the 

efforts of foreign fishing in the U.S. EEZ 

via a permitting system, prohibited driftnet 

fishing, and established catch reporting and 

observer requirements. 267 

In the 1980s, commercial fishing for 

skipjack (aku), yellowfin, and albacore 

dominated in terms of weight landed. 

Tuna purse seine fleets unloaded about 

20 million pounds of fish caught in the 

western Pacific at the Hawaiian Tuna 

Packers cannery in 1984. 268 Hawai‘i had 

its sights on being a tuna processing and 

transshipment capital, and in 1985, as many 

as 75 albacore trollers plied the waters 

in the North Pacific Fishery. But, due to 

logistics, the 1984 closure of the Honolulu 

cannery, and fluctuations in the world tuna 

market, this dream collapsed. 

Also in the 1980s, the restaurant market in 

Honolulu began to expand significantly, 

providing increased local sales opportunities 

and better market prices. In addition, 

feeding off the increased awareness 

generated by the Hawaiian tourism market, 

61

wholesalers began offering Hawaiian fish to 

U.S. Mainland buyers. 269 

The number of Hawai‘i-based longliners 

skyrocketed in the late 1980s. Landings 

by longline vessels increased from 1,900 

million metric tons (mt) to 11,500 mt 

between 1987 and 1993. The inflationadjusted 

ex-vessel value of the catch more 

than tripled during this period to $56 

million. Swordfish catches accounted 

for most of this revenue and represented 

about 60 percent of the total U.S. domestic 

landings for this species. More recently, 

the longline fleet has increasingly 

targeted tuna species, and the harvest of 

albacore, bigeye, and yellowfin reached 

a record high of 7,651 mt in 1997. The 

value of the commercial landings of 

all pelagic species during that year was 

$60.9 million. In 1998, the amount of 

tuna landed declined to 6,850 mt, and 

the value of the commercial landings of 

all pelagic species fell to $54.8 million. In 

1998, the port of Honolulu ranked 30th 

in the nation in terms of the quantity of 

fish landed, but it ranked 7th in terms of 

the value of fish landings. 270 

The longline fleet expansion – from just 

15 boats in the early 1980s to about 150 

vessels in the early 1990s 271 – brought gear 

conflicts to a head between the longliners 

and the troll and handline fishers, and 

also increased concern for monk seal 

interactions in the NWHI. To remedy the 

situation, in 1991, a 50-75 nm zone around 

the MHI and 50 nm around the NWHI was 

closed to longliners. Entry into the longline 

fishery was halted through a moratorium 

in 1991, followed by a limited-entry 

program under the Pelagics FMP. 272 In 2006, 

the longline fleet consisted of 127 active 

vessels making 1,437 trips. 273 

The primary differences between tuna 

longlining and swordfish longlining are 

the number of hooks set and the depth to 

which they sink. When targeting bigeye 

tuna, lines sink as deep as 1,300 feet. When 

longlining for swordfish, fewer hooks 

are used and the lines sink to approximately 

300 feet. 274 By 1992, swordfish 

landings topped the charts with a 10.8 

million pound yield – more than one-third 

of the year’s total reported commercial 

harvest. Bigeye, skipjack, and yellowfin 

tuna remained important, with bigeye and 

swordfish nearly neck-and-neck in terms of 

pounds harvested through the mid- to 

late 1990s. 275 

Hawai‘i’s longline fishery for swordfish 

closed in 2001 due to legal action involving 

bycatch of endangered turtles 276 (the 

swordfish catch range also is frequented 

by turtles, which increases the likelihood 

62

of endangered turtle bycatch). In the 

1990s, Hawai‘i-based longliners accounted 

for up to two-thirds of U.S. swordfish 

production. 277 Congress responded by 

appropriating $3 million in economic 

assistance to fishing vessel owners 

affected by the court-ordered longlining 

restrictions. 278 Following the 2001 closure, 

about a third of the swordfish longlining 

fleet moved to California, while the 

remainder adapted their gear and methods 

for tuna longlining. 279 Swordfish harvest 

declined from more than 6.5 million 

pounds in 2000 to between 325,506 

and 707,787 pounds from 2001-2004. In 

2004, the ban on shallow-set longline 

swordfishing was lifted. A program of 100 

percent NOAA observer coverage was 

put in place, and an interaction limit set 

for loggerhead and leatherback turtles; 

once the limit is reached, the shallow-set 

longline fishery closes. In March 2006, the 

fishery closed once it reached its limit of 17 

interactions with loggerhead turtles. 280 

Among the direct economic effects of the 

fishery closure were vessel waiting time 

at the docks, the amount of unsold fish, 

declining fish prices, and loss of potential 

business for fish dealers. 281 Economists 

who have studied the effects of regulations 

on Hawai‘i’s longlining fleet encourage 

policymakers to be aware that Hawai‘i’s 

longline and other fisheries sectors have 

strong economic linkages with the rest of 

the economy; therefore, regulating fisheries 

necessarily has spillover effects into other 

economic sectors. 282 Others have cautioned 

that environmental restrictions on Hawai‘i’s 

longline fisheries may simply transfer the 

bycatch problem outside U.S. jurisdiction 

to less regulated and monitored foreign 

fisheries (thereby increasing total bycatch 

of non-target species such as turtles, marine 

mammals, and seabirds). Restrictions do not 

eliminate the bycatch problem, and they 

result in a likely increase in imports from 

other nations. 283 

Shark depredation (damage or loss of bait 

or target species) is a problem in both 

deep- and shallow-set longlining, although 

more of a problem for the latter. In a 

single set, several thousand dollars’ worth 

of lost revenue may be caused by shark 

damage to target species. When using squid 

for bait, sharks can account for as much 

as half the longline catch. In addition to 

depredation, shark interactions damage gear, 

injure crewmembers, and reduce fishing 

efficiency. Solutions include vacating a 

fishing ground when sharks are present, and 

using different bait and gear (some gear, 

such as wire leaders, increase shark catch 

rates). 284 Possible shark-avoidance techniques 

are being explored, including chemical 

and magnetic repellents, and branch-line 

weighing via “safe leads.” In 2000, the U.S. 

Congress and the State of Hawai‘i adopted 

measures banning shark finning; prior to 

this, up to 60,000 sharks were finned and 

the carcasses discarded by the Hawai‘i 

longline fleet. 285 An increasing global demand 

exists for shark fins and meat, which may 

provide economic opportunity for Hawai‘i’s 

fisheries. In advance of this possible market 

shift, fisheries managers are cautioned to 

take a precautionary approach in ensuring 

63

that mortality levels will be sustainable, as 

sharks are vulnerable to overexploitation 

and slow to recover. 286 

In 2006, Hawai‘i’s pelagic longline fisheries 

were evaluated according to the United 

Nations Food and Agriculture Organization 

Code of Conduct for Responsible Fisheries, 

an internationally accepted standard for 

responsible and sustainable fisheries. 

The provisions of the code are based on 

international law, including the 1982 U.N. 

Convention on the Law of the Sea. Some 

provisions are voluntary, while others – 

such as the Agreement to Promote 

Compliance with International Conservation 

and Management Measures by Fishing 

Vessels on the High Seas – are binding. 287 

Hawai‘i’s longline fisheries received scores 

of 91-96 percent in fishery management, 

research, and operations; and post-harvest 

practices and trade. The fisheries received 

71 percent in the category of integration 

with coastal zone management. 

The international focus, with respect to 

fisheries management, is on geographic 

regions called Large Marine Ecosystems 

(LMEs), which produce 95 percent of the 

world’s fish catch. Generally LMEs exceed 

200,000 square kilometers, encircling 

continents and large islands and island 

chains. Each has distinct biological and 

oceanographic characteristics, linked 

together in the food chain. The “Insular 

Pacific-Hawaiian” LME is one of 64 

identified LMEs worldwide. 288 Studies have 

shown that a third of the world’s fish 

stocks are overfished and that 90 percent 

of the stocks of large predatory fish such as 

marlin, swordfish, and the biggest species 

of tuna have been systematically depleted 

by industrial fishing. 289 

International agreements have immediate 

ramifications for Hawai‘i’s fisheries. The 

Inter-American Tropical Tuna Commission’s 

actions affect Hawai‘i’s longline 

tuna fishery; for example, during the last 

half of 2006, fishing for bigeye tuna in the 

eastern Pacific was prohibited to comply 

with IATTC measures. 290 The South Pacific 

Tuna Treaty (a treaty between the U.S. 

and independent Pacific island nations) 

manages the purse seiner fleet (approximately 

30-50 vessels) that operates in the 

western and central Pacific. 291 In June 2006, 

Wespac called for international reductions 

in bigeye and yellowfin tuna by Pacific 

longline and purse seiner fleets; the measure 

followed the IATTC recommendation that 

fishing mortality from the purse seiner fleet 

needs to be cut by 38 percent. 

The “precautionary approach” is gaining 

a foothold in fisheries management. The 

United Nations’ Straddling and Highly 

Migratory Fish Stocks Agreement (1995) 

and the 2000 tuna treaty for the western 

and central Pacific Ocean both include 

the precautionary approach. 292 The U.N. 

agreement (which the U.S. has ratified) 

includes the following language for 

its signatory nations: “to be more 

cautious when information is uncertain, 

unreliable or inadequate. The absence of 

adequate scientific information shall 

not be used as a reason for postponing 

or failing to take conservation and 

management measures.” 293 

64

u Skipjack – no assessment was conducted 

u Southwest Pacific swordfish – 

since 1997, catch rates and size of 

swordfish have been on the decline, 

raising sustainability concerns 

u North Pacific albacore – the stock is 

fully exploited 

u Striped marlin – preliminary stock 

assessment results point to a recommendation 

that no additional increase in fishing 

mortality occur 296 

The Western and Central Pacific Fisheries 

Commission (WCPFC), of which Wespac is 

a member, recently reviewed assessments 

of highly migratory stocks in the Western 

and Central Pacific Ocean (WCPO). The 

WCPO provides more than 40 percent 

of the world’s tuna catch, at a dockside 

value of $1.5 billion. 294 The commission’s 

findings, which affect Hawai‘i’s longlining 

fleet and Wespac’s pelagic fisheries 

management measures, include: 

u Bigeye and yellowfin tuna fishing 

mortality should be cut by 20 percent in 

the Pacific Ocean 295 

u Bigeye – 2006 assessments show a high 

probability that overfishing of bigeye is 

occurring in the WCPO 

u Yellowfin overfishing is occurring 

in the WCPO, but the stock is not yet 

in an overfished state 

Wespac’s Science and Statistical Committee 

commented that it is “disappointed … yet 

again” that WCPFC ignored the advice of 

its own scientific committee and others 

regarding sufficiently strong measures 

for bigeye and yellowfin conservation, 

cautioning that if either of these stocks 

become overfished, it will have severe 

consequences for U.S. fisheries. 297 

This mirrors a lack of sufficiently tough 

action in other international fisheries. 

William Hogarth, director of NMFS and the 

chairman of the International 

Commission for the Conservation of 

Atlantic Tuna (ICCAT), reported that despite 

strong warnings from ICCAT’s Research 

and Statistics Committee, which had stated 

unequivocally that the eastern bluefin tuna 

stock was at high risk for fishery and stock 

collapse, ICCAT’s plan for 2006 included 

insufficient reductions in catch and other 

management measures such as closing the 

fishery during spawning season. 298 

65

Troll and Handline 

Pelagic Fisheries 

n The handline fleet targets yellowfin and 

bigeye tuna. 

n Trollers, including charter boats, target tuna and 

other pelagics such as mahimahi, ono, and billfish. 

n Combined annual revenues average $9 million. 

n In 2004, trolling yielded 3.1 million pounds 

(14 percent of the year’s total harvest) 

n Tuna handlining yielded 1.9 million pounds 

(8 percent) 

n Aku pole-and-line fishery brought in 

578,171 pounds in 2004, or 3 percent of 

the total catch. 299 

History and Status of the 

Bottomfish Fishery 

Bottomfish are found on the deep outer 

reef slopes, banks, and seamounts of the 

Hawaiian Archipelago. The stock complex 

includes 19 species, with the “deep seven” – 

opakapaka (pink snapper), onaga (long tail 

red snapper), ehu (short tail red snapper), 

hapu‘upu‘u (Hawaiian grouper), kalekale 

(Von Siebold’s snapper), gindai, and lehi 

(ironjaw snapper) 300 – receiving the most 

attention. Handlining, with hydraulic or 

electric powered gear, is the preferred 

fishing method. 301 In 2004, the total 

bottomfish harvest was 612,392 pounds. 

Recently, several important issues relating 

to bottomfishing and the health of the MHI 

stock complex have come to a head. 

Bottomfish provide a “lucrative market 

niche,” according to Wespac. Demand for 

bottomfish is particularly high during Asian 

holidays, as the brightly colored fish are 

harbingers of good fortune. Foreign imports 

of bottomfish fill one-third of the bottomfish 

market in Hawai‘i. 302 In 2000, 590,000 pounds 

of bottomfish were landed commercially in 

the MHI, and 270,000 in the NWHI, with 

the total catch bringing in $2.55 million. 

DAR offers that once revenues from 

fish sales to retailers, restaurants, hotels, 

and consumers, plus revenues from the 

fishing fleet (fuel, ice, supplies, etc.), the 

value of the bottomfish fishery, as with all 

commercial fishing activity, is significantly 

higher than its ex-vessel value. 303 

Wespac manages the stock via its Bottomfish 

and Seamount Groundfish FMP, which was 

established in 1986. Historically, the council 

focused its attention on the NWHI, leaving 

bottomfish management in the MHI to the 

state because it was thought that 80 percent 

of MHI bottomfish habitat was in state 

waters (the 0-3 nm zone). However, recent 

mapping efforts show bottomfish habitat as 

being fairly evenly divided between state 

and federal waters in the MHI. 304 

MHI bottomfish catch rate records show 

steady declines since the early 1950s, 

dropping steeply in the last decade or 

so. 305 In 1988, NMFS scientists reported that 

66

overfishing was likely occurring for several 

bottomfish species – onaga, opakapaka, 

and ehu – in the MHI. Wespac and DLNR/ 

DAR were not able to implement complementary 

management measures at that 

time, and in 1993, Wespac sent a letter to 

the governor recommending that the state 

take the lead in bottomfish management 

measures. In 1994 and 1995, state bills 

requiring a seasonal closure for onaga 

failed to pass. And in 1994, a task force was 

formed to attempt to develop management 

measures, but DAR did not participate; 

the task force recommended a closedseason 

approach. In 1995, DAR formed its 

own task force and its efforts focused on 

closed areas, rather than closed seasons. 306 

Meanwhile, Wespac, concerned that the 

state was not taking sufficient action, came 

up with a contingency plan to amend its 

FMP should the state not act. 307 

In 1998, DLNR/DAR instituted restricted 

bottomfish areas, 308 gear restrictions, 

a bottomfish vessel registry, 309 and 

recreational bag limits for ehu and onaga 

(a combined total of five fish per person 

per day). 310 However, Wespac says the 

state’s management plan had fundamental 

flaws from the outset: incomplete fishery 

information (uncertainty of the recreational 

catch being a large factor), no baseline 

studies of the closed areas, and lack 

of other measures to determine the 

effectiveness of the closed areas plan. In 

addition, the council charges that the state 

has not properly enforced or monitored the 

closed areas because it has not allocated 

funding or personnel. The council points 

to the fact that since 1998, there have been 

no documented violations of the closed 

areas, despite concerned fishers reporting 

violations to the state. 311 

In 2000, about 84 percent of commercial 

landings of onaga consisted of immature 

fish, meaning that the fish had not yet 

spawned. This high percentage of immature 

fish may indicate that the larger, mature 

fish populations are depleted. 312 A 2005 

joint DAR and Wespac survey indicated 

that MHI recreational catch may be double 

the commercial catch. Approximately 

3,700 vessels are registered for commercial 

and recreational bottomfishing, 313 but the 

fulltime commercial bottomfish fleet is 

fairly small. From 1998-2004, more than 

400 vessels were used for commercial 

bottomfishing, but just 29 vessels reported 

landings in excess of 2,000 pounds of 

bottomfish. 314 An unregulated black market 

also likely exists. 315 

In May 2005, NMFS informed Wespac that 

the bottomfish stock complex (assessed on 

an archipelagic basis, including NWHI and 

MHI) was experiencing overfishing, with 

the primary problem being excess fishing 

activity in the MHI. 316 In June 2006, DLNR/ 

DAR, after public input was received, 

revised its bottomfish restricted fishing 

areas, which now include 12 percent of 

bottomfish habitat depth range (from 

50-200 fm) in the MHI and 20 percent 

of bottomfish “important” habitat areas. 

In March 2007, DAR reported several 

initiatives relating to bottomfish: surveying 

existing bottomfish populations in the 

restricted fishing areas; using Botcam 

67

(a baited bottom camera) and Electronic 

(aka Ecological) Acoustic Recorders (EARs) 

to assess deep-water communities and 

monitor vessel traffic; and replenishment 

efforts such as captive rearing and release 

of opakapaka. 317 

Still, Wespac’s criticism of the state’s 

closed-area management plan continued – 

that fishing effort is the problem, closed 

areas may simply displace fishing effort, 

noncompliance is an issue, and that closed 

areas may generate a “have/have not” 

problem due to the proximity to shore of 

the closed areas (presumably, commercial 

fishers can afford to travel farther to fishing 

grounds than can recreational/sustenance 

fishers, who would be shut out in these 

closed areas). 318 

In 2007, NMFS determined a 24 percent 

reduction (from 2004 total catch) in 

bottomfish fishing mortality to be 

necessary, and Wespac long-range 

management options currently under 

consideration include seasonal and area 

closures, limiting the total allowable 

catch, implementing a limited-access 

program, and requiring both commercial 

and recreational fishers to obtain federal 

permits and submit federal logbooks 

(regardless of fishing in state or federal 

waters). 319 “In the face of this long history 

of state inaction and/or inappropriate 

action, NMFS has now been directed by 

Congress to evaluate the consistency of the 

state’s bottomfish management program 

with the [federal] FMP … . In the event 

of inconsistency, Congress has directed 

NMFS to implement measures to cure the 

inconsistency, including implementing 

a federal permit program and reporting 

program.” The council affirmed that its 

available evidence indicates that the state 

MHI bottomfish program is not being 

effectively implemented or enforced. 320 

The bottomfish fishery was closed for 

several months in 2007, and will again be 

closed from May through August 2008. 321 

History and Status of Reef Fish, 

Ornamentals, and Coral Fisheries 

Hawai‘i’s 410,000 acres of coral reef 

comprise nearly 85 percent of all coral reef 

ecosystems under U.S. jurisdiction. 

The state’s coral reefs ecosystems are home 

to 5,000 species of marine plants and 

animals, many of which are found only 

in Hawai‘i. In 2006, DAR reported strong 

numbers of juvenile near-shore fish – 

oama (yellowstripe goatfish), aholehole 

(Hawaiian flagtail), sardines, moi li‘i 

(juvenile moi/threadfin), and halalu (bigeye 

scad). If there are good survival rates 

among these “recruits,” nearshore fisheries 

could be “very productive” in the next year 

or so. Fishermen, some participating in a 

state tagging project, reported not seeing 

moi li‘i in these numbers since the 1960s. 322 

In 2004, the economic value of coral reefs 

was measured at $364 million per year, 

but that may be a conservative estimate. 323 

The health of the coral reefs affects not 

just the fishing industry, but the tourism 

industry as well. The major threats to the 

coral reefs are overfishing (one problem is 

that reef fish are being caught as juveniles, 

before they reproduce), land-based 

68

pollution, invasive alien algae, and 

recreational overuse. 324 

Florida dominates the ornamental fish 

industry, with 133 farms producing 33 

million fish each year – two-thirds of 

U.S. ornamental aquaculture production. 

Hawai‘i is fourth with 17 tropical fish 

farms. 325 In 2006, 172 fishers held 

Commercial Aquarium Permits, and 137 

held Recreational Aquarium Permits. 326 In 

2003, the Hawai‘i farm-raised ornamental 

fish sector was valued at $752,000; in 2004, 

it was valued at $520,000. 327 

Collecting wild reef fish for aquariums 

impacts the vitality of coral reef ecosystems. 

Two studies showed that aquarium fish 

collectors can “profoundly lower the 

abundance of fish species that they target.” 

One community-based effort has shown 

success in managing the near-shore areas 

off the Kona coastline. The West Hawai‘i 

Regional Fisheries Management Area 328 

declared a minimum of 30 percent of the 

West Hawai‘i coastline as aquarium Fish 

Replenishment Areas (FRAs), where fish 

collecting is illegal. The West Hawai‘i 

Fishery Council – made up of aquarium 

collectors, commercial and recreational 

fishers, and members of the community – 

sought to use the FRAs to improve the 

abundance of fish. 329 A five-year report 

to the legislature portrayed the project’s 

success. Seven of the ten most collected 

species (representing 94 percent of all 

collected fish) increased in overall density. 330 

Harvest of coral reef species in federal 

waters is managed under Wespac’s 

Coral Reef Ecosystem FMP (CREFMP), 

which incorporates a system of low-use 

(controlled harvest) and no-take Marine 

Protected Areas (MPAs); special permits 

are required for harvesting corals and 

other marine life covered by the CREFMP. 

Permit holders must submit catch and effort 

data to NMFS. 331 In the past, deep-water 

pink, gold, and bamboo corals have been 

harvested using dredges and tangle nets. 

Black coral is hand-harvested near shore 

in state waters, with DAR’s regulations 

and commercial licensing applying to such 

harvests. 332 The coral fishery in federal 

waters is inactive due to past exploitation of 

deepwater black, pink, and gold corals. 333 

Coral harvests fluctuated from 1993-1999, 

with pounds harvested generally ranging from 

1,000 to 6,000. Price per pound remained 

high over this period: from $17 to $25. From 

2000 to present, to preserve confidentiality 

and due to the small number of fishers 

participating in the fishery, coral harvest is 

pooled under the “miscellaneous/unclassified” 

category for NMFS/DAR reports. 334 

Many precious corals, including black 

corals, are protected under the Convention 

on International Trade in Endangered 

Species. 335 In addition to over-harvesting, 

alien invasives threaten Hawai‘i’s coral beds. 

Carijoa riisei has been discovered growing 

over black corals. Deep-water submersible 

surveys conducted in 2001, 2003, and 

2004 showed that the overgrowth was 

widespread in the Au‘au Channel between 

Maui and La – na‘i. A 2006 follow-up survey 

suggested that the impact of C. riisei has 

not worsened, and may have stabilized. 336 

69

History and Status of Lobster 

and Shrimp Fisheries 

MHI lobster landings have been low 

in recent years: 5,541 pounds in 2003 

($66,551) and 4,870 pounds in 2004 

($57,893). 337 From 1984 to 2004, DAR 

reports that just 20 fishers were responsible 

for more than half the total commercial 

harvest; 500 registered fishers reported 

harvests for the remaining 48 percent. The 

20 primary fishers reported between $5,000 

and $10,000 annually in lobster income. 338 

In 2006, the state issued 64 Kona crab 

and lobster licenses. MHI lobster landing 

reports from 1984-2004 showed fairly flat 

annual harvests – between 7,000-12,000 

pounds on average, with 90 percent being 

spiny lobster and 10 percent slipper 

lobster. Maui fishers hauled in the bulk 

(61 percent), followed by O‘ahu (16 percent), 

Hawai‘i (17 percent), and Kaua‘i (6 percent) 

of the total catch. There has been a shift 

from trap harvesting to harvesting by hand 

(79 percent of total landings between 1994 

to 2004). A study concluded that the MHI 

lobster fishery currently does not appear 

to show signs of overfishing; however, 

it is acknowledged that the data were 

insufficient to provide a truly complete 

picture of the fishery’s status. 339 

to late 1990s saw catches in the range of 

114,000-212,000 (generating $678,000-$1.5 

million). 341 The NWHI lobster fishery closed 

in 2000. 342 

In the early 1980s, a trap fishery for 

deepwater shrimp began evolving. Three 

species of deep-dwelling shrimp were 

thought to be commercially valuable. 

In 1984, 350,000 pounds ($780,000) of 

deep-sea shrimp (Heterocarpus laevigatus, 

the largest of the three species and the 

most commercially valuable) were caught. 

Eighteen fishers and two large companies 

participated in the fishery in 1984. 

However, economic realities (At that time, 

expenses were $4 per pound of shrimp 

landed, with wholesale shrimp prices 

at approximately $2.10 per pound) and 

quality problems such as rapid spoilage 

slowed the expansion of this fishery. 343 

Catch numbers have varied dramatically 

from 1987-2004, with the top year’s harvest 

at 146,000 pounds that yielded $636,000 

in 1998. In 2003, 1,620 pounds were 

harvested ($9,173), and in 2004, just 30 

pounds were reported at $270. 344 

The NWHI lobster fishery developed and 

boomed in the 1970s and 1980s, with 

harvests of over a million pounds being 

common. The fishery crashed in the early 

1990s due to fishing pressure and climateinduced 

changes. The fishery has never 

truly rebounded, despite being reopened 

a few times in the years since. 340 The mid- 

70

Governing 

the Oceans 

71

Governing 

the Oceans 

In general, state jurisdiction extends from 

the shoreline (measured from the low 

mean tide line) seaward to 3 nautical miles 

(nm), and federal jurisdiction extends from 

the state’s boundary at 3 nm to 200 nm, 

an area that is referred to as the Exclusive 

Economic Zone (EEZ). The 1982 United 

Nations’ Convention on the Law of the Sea 

(UNCLOS) remains the best repository of 

international ocean law and governance. 345 

While federal constitutional and Congressional 

mandates concerning commerce, 

navigation, and foreign affairs limit a 

state’s rights beyond 3 nm, there are areas 

of overlap, especially when it comes to 

managing the nation’s fisheries and other 

natural resources. 

Sources of International Ocean Law 

The three main sources of international 

law are: international agreements (treaties), 

custom, and general principles of law, 

according to the Statute of the International 

Court of Justice, Article 38. The 1982 United 

Nations Convention of the Law of the Sea is 

an example of an international lawmaking 

treaty and remains the primary source for 

international ocean law. “Custom” involves 

the actions and statements of nationstates 

that, over time, become customary 

law. Most coastal nations also recognize 

“general principles of law” – legal concepts 

such as res judicata, estoppel, unjust 

enrichment, and restitution – in their own 

domestic legal systems. 346 

Sovereignty – the governmental power 

of a nation-state – is a basic principle of 

international law. Historically, military force 

and conquest added sovereign territory to a 

nation’s holdings. Related to the concept of 

sovereignty is “jurisdiction,” or the power 

to make and enforce laws – even outside 

a nation’s boundaries – over its own 

nationals and the ships and aircraft flying 

its flag. 347 

Twentieth-Century Revisions to 

Ocean Governance 

For centuries, the “territorial sea” – from 

0-3 nm from shore – defined a nation’s 

seaward territory, an internationally 

recognized zone of complete jurisdiction 

over the water, seabed, and living and 

non-living resources. One caveat was the 

right of “innocent passage” (non-aggressive 

72

transit) by foreign ships through a nation’s 

territorial sea. Beyond the territorial sea 

were the high seas, virtually a free-for-all of 

international activity. 348 

In 1945, on the heels of World War II and 

the resulting awareness that a nation’s 

oil and gas reserves were a significant 

source of wealth and power, President 

Truman issued a proclamation that claimed 

U.S. control and jurisdiction over the 

resources of the continental shelves off 

the U.S. coast (the target being the oil-rich 

seabeds). At the time, this was likely an 

illegal act, as the U.S. was asserting its 

authority well beyond the previously 

established customary 3 nm territorial 

seas limit. However, other nations quickly 

followed suit, and within 10 years, there 

was widespread general acceptance and 

approval – mainly through other nations 

claiming sovereign rights to their own 

continental shelves. 349 The Truman Proclamation, 

also known as the Continental 

Shelf Doctrine, thus became an accepted 

international custom that recognized coastal 

nations’ sovereign rights in the natural 

resources of the seabed and subsoil of the 

continental shelves. 350 

Facing the Japanese return to offshore 

whaling grounds following World War II, 

Chile, Ecuador, and Peru became the first 

nations to extend their claims out to 200 

nautical miles from shore, although this 

was not greeted with the same level of 

acceptance as the Truman Proclamation, 

generally because of the limiting effects on 

the fishing fleets and navies of powerful 

seafaring nations like the United States. 351 

73

In 1958, the Geneva Conventions on the 

Law of the Sea (UNCLOS I) authorized 

“contiguous zones,” extending a nation’s 

territorial seas from 3 to 12 nm from shore. 

The treaty, to which the United States 

remains a party, allows coastal nations to 

enforce their laws relating to immigration, 

customs, and sanitation within this zone. 352 

At that time, a Fishing Convention, 

which ultimately failed due to a lack of 

support from distant-water fishing nations, 

attempted to resolve conflicts between 

maritime and non-maritime countries. 

During UNCLOS III, which began in 1973 

and continued for 10 years, maritime states – 

especially the less-developed Third World 

countries – sought recognition of expanded 

national jurisdiction on the high seas, out 

to 200 nm from shore. Another hot topic at 

UNCLOS III was deep-seabed mining. 

74

U.S. Zones: From 

Shoreline to Sea 

n Territorial Sea: measured from the baseline 

(the mean low water line) seaward to 12 nm. 

A nation has absolute sovereignty 

within this zone, subject to innocent passage 

by foreign vessels. 

n Contiguous Zone: from 12 to 24 nm, a zone 

of “limited enforcement jurisdiction.” This zone 

enables enforcement of provisions for drug 

interdiction, for example. 

n Exclusive Economic Zone (EEZ): Including 

the Contiguous Zone, the EEZ begins at the 

territorial sea’s boundary and extends to 

200 nm from the baseline. 

n High seas and deep seabed: beyond a 

nation’s EEZ, this area is subject to international 

agreements, treaties, and customary 

law of the sea. 357 

The U.S. agenda included preservation of 

its navigational and overflight rights for 

its navy and air forces; in the midst of the 

Cold War, the United States did not want 

interference with its ability to send its 

forces throughout the world, so it opposed 

the extension of jurisdiction. U.S. fishing 

fleets were divided: The coastal fishermen 

preferred a 200-mile zone and the distantwater 

fishers did not. 353 

In 1976, in response to increased near-shore 

fishing pressure from foreign fleets and in 

the midst of UNCLOS III discussions, the 

U.S. Congress passed the Fishery Conservation 

and Management Act (precursor to 

today’s Magnuson-Stevens Act), effectively 

establishing a 200-nm exclusive fishing zone 

to protect the domestic fishing industry. 354 

This action ensured two things: that this 

measure would be part of the U.N. Law of 

the Sea Treaty, and that the 200-mile EEZ 

was on its way to becoming customary 

international law. Ultimately in 1982, the 

U.S. voted against the treaty largely due 

to its provisions on deep-seabed mining. 

Internationally, however, the treaty was 

broadly accepted; 155 nations became 

parties by June 2007. 355 While the U.S. 

is not a party, it remains bound by the 

treaty’s impact on the customary law of 

the sea. 356 Among the recommendations 

of the Joint Oceans Commission is that 

the U.S. accede to UNCLOS III, suggesting 

that doing so would allow the U.S. to lead 

the way in international policymaking for 

deep-seabed mining, energy, scientific 

research, pollution control, and environmental 

protection. 

In 1983, the United States followed the 

treaty provisions and extended its EEZ by 

proclamation. In 1988, the United States 

extended its territorial sea to 12 nm, and 

then to 24 nm in 1999. An important aside 

is that the 1988 proclamation was limited 

to its effects on international relations, and 

is not applicable to domestic law as it is 

applied to the territorial sea. 

75

Authority within a Nation’s 

Exclusive Economic Zone 

u Fishing – A nation has an exclusive 

right to manage fisheries within its EEZ, 

and a preferential right for its fishers to 

harvest fish in the area. Following the 

1982 UNCLOS III, “surplus” fish (beyond 

the coastal nation’s ability to harvest) are 

to be allocated to foreign fishing efforts. 

The 1995 U.N. Agreement on Straddling 

Fish Stocks and Highly Migratory Species 

(those that cross EEZ boundaries into the 

high seas and other nations’ EEZs) urges 

effective regional organizations and a 

precautionary approach (the requirement 

that fisheries managers exercise caution 

when faced with scientific uncertainty; or, 

to err on the side of caution). The U.S. was 

among the first to ratify the treaty, which 

came into force in 2001. 358 Fishing the high 

seas is limited in UNCLOS III by a duty to 

conserve living resources and to cooperate 

with other nations in doing so. 359 

quantities of marine resources, or involves 

contact with the continental shelf. 361 

u Vessel Navigation and Overflight – 

UNCLOS III allows the freedom of surface 

and submerged traffic within and overflight 

above EEZs. The U.S. advocates that this 

includes conducting military exercises. 

u Protecting the Marine Environment – 

Controlling pollution in the EEZ is a right 

of coastal nations, limited by the 1982 

Convention’s and international custom’s 

recognition of freedom to navigate within 

EEZs. Significant restrictions exist on 

interfering with a foreign vessel’s passage, 

even for pollution reasons. Acting through 

bodies such as the International Maritime 

Organization, nations are encouraged to 

establish uniform rules and standards. 362 

u Non-living resources – UNCLOS III 

recognizes resources of the seabed, subsoil, 

and water column in coastal nations’ EEZs. 

There is some overlap between EEZ and 

continental shelf law. 360 

u Marine Scientific Research – Other 

nations may not conduct scientific research 

within the EEZ without obtaining the 

coastal nation’s consent; such consent is 

expected to be given in “normal circumstances.” 

The U.S. requires advance consent 

for marine research if conducted within the 

territorial sea, or if the research involves 

marine mammals, taking commercial 

76

U.S. Ocean 

Policy, Regulatory 

Framework, 

and Agency 

Interaction 

77

U.S. Ocean 

Policy, Regulatory 

Framework, 

and Agency 

Interaction 

The Historical Delineation of Federal- 

State Authority of Ocean Resources 

The doctrine of “navigational servitude” 

arises under the Commerce Clause of the 

U.S. Constitution. 363 Under this doctrine, 

the federal government has broad powers 

to control, improve, and regulate the 

navigable waters of the United States. “The 

title of the owner of the bed of navigable 

waters holds subject absolutely to the 

public right of navigation; this dominant 

right must include the right to use the bed 

of water for every purpose which is in aid 

of navigation.” 364 In addition, unlike other 

takings for public purposes, the federal 

government is not required to pay compensation 

to owners of private property 

interests if their property interest involves a 

navigable body of water. 365 

In a landmark 1947 U.S. Supreme Court 

case, United States v. California, 366 the 

federal government, asserting both security 

and commerce interests, sought to claim 

ownership of the oil-rich 0-3 nm zone (at 

that time, this was the extent of a nation’s 

territorial seas). The court held, “California 

is not the owner of the three-mile belt, and 

that the federal government rather than the 

state has paramount rights in and power 

over the resources of the soil under the 

water area, including oil.” 367 

Congress quickly remedied the situation in 

1953 with passage of the Submerged Lands 

Act, 368 which returned the 0-3 nm zone to 

state ownership, although the act did not 

extinguish federal navigational servitude 

and rights. 369 Under authority of the SLA, 

states manage, administer, lease, develop, 

and use the submerged lands and natural 

resources in this near-shore area. 370 

Federal Oversight of the Nation’s 

Oceans and Coasts 

In 1969, Congress authorized the 

U.S. Commission on Marine Science, 

Engineering, and Resources (known as 

the Stratton Commission) to examine 

nationwide marine policy and law matters. 

The commission stated: “The coast of the 

United States is, in many respects, the 

nation’s most valuable geographic feature. 

It is at this juncture of the land and sea 

that the great part of this nation’s trade 

and industry takes place. The waters off 

the shore are among the most biologically 

productive regions in the nation.” 371 The 

Stratton Commission focused on the oceans 

as vast and largely untapped economic 

resources, and presented its recommendations 

in this context. 372 Among other 

policies and laws, the commission’s 

findings ultimately resulted in the Coastal 

Zone Management Act of 1972 (CZMA), 373 

which primarily deals with the management 

and coordination of state-federal oversight 

in the 0-3 nautical mile state waters 

boundaries. 374 

“U.S. ocean policy making has often 

been dominated by single-issue interests; 

policy has, consequently, often oscillated 

between unmitigated development 

thrusts followed by the adoption of total 

conservation measures.” 375 This “either/ 

or” policymaking has prevented the U.S. 

from achieving sustainable development 

78

and maximizing benefits for the public and 

the environment. In addition, such singlepurpose 

management equates to federal 

and state agencies having “conflicting, 

duplicative, or inadequate jurisdictional 

regimes or authorities [and] have created 

major challenges for effective management 

of the ocean and its resources.” In addition, 

developments in international law – such as 

the United Nations Convention on the Law 

of the Sea, said to be the most ambitious 

international treaty ever negotiated – have 

taken the lead over U.S. legal responses to 

ocean governance. 376 

A 1992 study noted that while the U.S. has 

many laws relating to ocean management, 

they are specifically focused – for example, 

the Magnuson-Stevens Act addresses 

fisheries management – with no overall 

vision or strategy for ocean governance 

to provide cohesion. 377 The presidential 

proclamations of the mid- to late twentieth 

century asserted U.S. ownership rights, 

but did not spell out how those rights 

and duties were to be managed for all 

stakeholders (state and local communities, 

native populations’ rights, leasing of ocean 

resources, etc). While this largely remains 

the case today, significant awareness is 

being brought to the critical need for 

national leadership. For example: 

u In 2000, the Coral Reef Task Force 

produced a National Action Plan to address 

the most pressing threats to the nation’s 

coral reefs through a comprehensive 

framework of priorities, strategies, and 

implementation plans. 378 

u By executive order in 2000, President 

Clinton directed federal agencies to 

expand, extend, and integrate the nation’s 

Marine Protected Areas. 379 

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u The Oceans Act of 2000 382 established the 

U.S. Commission on Ocean Policy (USCOP), 

which undertook a national review, the first 

since the Stratton Commission in 1969. In 

2004, the commission produced An Ocean 

Blueprint for the 21st Century. 383 USCOP’s 

executive summary states: “[O]ur failure to 

properly manage the human activities that 

affect the nation’s oceans, coasts, and Great 

Lakes is compromising their ecological 

integrity, diminishing our ability to fully 

realize their potential, costing us jobs and 

revenue, threatening human health, and 

putting our future at risk.” 384 

u In 2000, NOAA’s Ocean Exploration 

Initiative was set up to investigate national 

exploration strategy through public, private, 

and academic partnerships. 380 

u Pew Oceans Commission – a bipartisan, 

independent commission established 

by the Pew Charitable Trusts – brought 

together diverse leaders from fishing, 

science, conservation, government, 

education, business, and philanthropy. 

The commission’s findings, published in 

2003’s America’s Living Oceans: Charting a 

Course for Sea Change, showed the oceans 

to be in crisis and called for a significant 

overhaul of national ocean policy. 381 

Eleven of fifteen cabinet-level departments 

and four independent agencies develop 

and implement ocean and coastal policy, 

and they interact with each other and with 

state, territorial, tribal, and local authorities 

in “somewhat haphazard ways,” according 

to USCOP, which emphasized the need for 

increased inter-agency communication. 

Within the executive office of the 

president, three entities have some 

responsibilities relevant to oceans: 

the Office of Science and Technology Policy 

addresses government-wide science and 

technology issues and includes an ocean 

subcommittee; the Council on Environmental 

Quality oversees broad federal 

environmental efforts and implementation 

of the National Environmental Policy Act; 

and the National Security Council’s Global 

Environment Policy Coordinating Committee 

includes a subcommittee to deal with 

international ocean issues. But there is no 

multi-issue, interagency mechanism to guide, 

oversee, and coordinate all aspects of ocean 

80

and coastal science and policy. As part of 

a new National Ocean Policy Framework, 

the Commission recommends that Congress 

establish a National Ocean Council (NOC) 

within the executive office of the president, 

chaired by an assistant to the president 

and composed of cabinet secretaries 

of departments and administrators of 

independent agencies with relevant ocean 

and coastal-related responsibilities. 385 

To maintain the drive for ocean policy reform, 

in early 2005, USCOP and the Pew Oceans 

Commission created the collaborative 

and bipartisan Joint Ocean Commission, 

under the direction of retired Navy Admiral 

James D. Watkins and the Honorable Leon 

E. Panetta. In addition to working with 

Congress and the presidential administration, 

the Joint Ocean Commission works 

with state governors, as well as the private 

and nonprofit sectors, and educators to 

encourage a regional approach to ocean 

and coastal management. 386 

Modernizing Ocean and 

Coastal Policymaking 

In March 2006, a bipartisan group of ten 

senators, including Hawai‘i Senator Daniel 

Inouye, asked the Joint Ocean Commission 

to identify the top ten actions that Congress 

should take to implement the recommendations 

made by the two commissions; the 

highest priorities for funding to support the 

development and implementation of ocean 

policy; and the priority changes to law and 

the federal budgeting process needed to 

establish a higher level of integration in 

coastal and ocean governance. 387 

The commission’s response: 

1. Adopt a statement of national ocean 

policy to protect, maintain, and restore 

marine ecosystems 

2. Establish the National Oceanic and 

Atmospheric Administration (NOAA) in law 

(the commission suggests a Congressional 

act that would establish NOAA as the lead 

ocean agency) and improve federal agency 

coordination of ocean and coastal issues, 

for example, between the National Science 

Foundation and the National Aeronautics 

and Space Administration, both of which 

have ocean-related responsibilities and 

science and research programs. 

3. Foster ecosystem-based regional 

governance, involving federal, state, 

tribal, and local governments, as well 

as the private sector, non-governmental 

institutions, and academics. 

4. Reauthorize the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act. (President Bush signed 

this act into law in January 2007; the MSA 

is now reauthorized through 2013). 388 

5. Enact legislation to support innovation 

and competition in ocean-related research 

and education, consistent with President 

Bush’s Ocean Research Priorities Plan and 

Implementation Strategy 

6. Authorize and fund the Integrated 

Ocean Observing System (IOOS), 

part of the Global Ocean Observing 

System, which involves using ground- and 

space-based research (NASA, NSF) for 

natural hazard prediction, new energy 

81

development, analyzing climate change, 

and conserving biodiversity. 

7. Accede to the U.N. Convention on 

the Law of the Sea (UNCLOS III) to 

enable the U.S. to lead in international 

forums in areas such as energy, deepseabed 

mining, scientific research, and 

environmental protection. 

8. Establish an Ocean Trust Fund as a 

dedicated source of funds for improving 

management of ocean and coastal 

resources by federal and state governments. 

9. Increase base funding for 

core ocean and coastal programs and 

direct development of an integrated 

ocean budget. 

10. Enact ocean and coastal legislation that 

had progressed through the 109th Congress. 389 

2006 National Report Card on 

Ocean Governance Reform 

The Joint Oceans Commission gave the 

federal government a D+ on its report card; 

in 2006, it did slightly better, receiving a C-. 

Highlights of ocean reform in 2006 

included the reauthorization of the MSA, 

which sets a firm deadline for ending 

overfishing by 2011; the designation of 

140,000 square miles of protected islands, 

atolls, and oceans under the NWHI Papaha – 

naumokua – kea Marine National Monument; 

and the development of a new national 

ocean research strategy. 

However, these advancements were 

undercut by the nation’s failure to commit 

funding and make needed policy reforms. 

“In the race to preserve our oceans, the states 

are outdistancing the federal government,” 

said Panetta. “Our expert commissions 

have told Congress and the administration 

what they can do to pick up the pace 

and immediately begin to reverse ocean 

decline. To bring this grade up in 2007, the 

bottom line is that more needs to be done 

if we are to protect our ocean resources.” 390 

States received grades of A- in “leadership” 

and B+ in “fisheries management,” with 

examples being new statewide initiatives 

in New York and Washington, and 

regional agreements to coordinate ocean 

management efforts on the West Coast and 

in the Gulf of Mexico. 

Magnuson-Stevens: The Kingpin of 

Federal Fisheries Management 

Prior to the adoption of the federal 

Fishery Conservation and Management 

Act in 1976, 391 which reserved 200 nm 

from shore exclusively for U.S. fishing, 

managing fisheries was primarily the 

states’ business. 392 The original act asserted 

U.S. jurisdiction over all marine life, 

excluding birds, marine mammals, and 

highly migratory species of tuna. 393 This 

act, although incorporating conservation 

measures, was initially economics driven – 

to keep foreign fishing fleets out of U.S. 

waters unless they received permission. 

The act’s title changed in 1980 to honor 

the bill’s original sponsor in the Senate, 

the late Warren G. Magnuson, and later to 

include Senator Ted Stevens. The MSA is 

now called the Magnuson-Stevens Fishery 

Conservation and Management Act. 

82

egulations and their interpretations in the 

court system have honed in on four key 

issues with respect to achieving sustainability 

in the nation’s fisheries: overfishing, 

incidental bycatch, altered predator-prey 

relationships due to fishing and bycatch of 

target and non-target species, and habitat 

changes due to fishing and other pressures. 396 

The Secretary of Commerce is charged 

with implementing the MSA. Under the 

umbrella of the Department of Commerce, 

the National Oceanic and Atmospheric 

Administration’s (NOAA) National Marine 

Fisheries Service (NMFS) and the eight 

regional fisheries councils 394 were given 

authority under the act to oversee fisheries 

management. The Western Pacific Fisheries 

Management Council (Wespac) oversees 

fisheries in the EEZ surrounding Hawai‘i, 

American Samoa, Guam, and the Northern 

Mariana Islands. 

The 1996 Sustainable Fisheries Act, 

which amended the 1976 version, has 

been called the “most significant federal 

environmental legislation enacted in the 

last two decades.” 395 The act advanced U.S. 

efforts toward sustainability in fisheries 

management and ecosystem protection. 

Fishery Management Plans, marine 

protected area designations, and federal 

The 2006 reauthorization of the Magnuson- 

Stevens Act, which was signed into law 

in January 2007, sets a firm deadline to 

end overfishing 397 by 2011. 398 “The causes 

of overfishing include illegal fishing, 

management decisions not in line with 

scientific evidence, scientific standards 

that are beyond the management system’s 

capacity to administer, poorly designed 

regulatory frameworks that promote 

overfishing, failure to account for bycatch 

as fish landings, and poor enforcement.” 399 

Federal Statutes Affecting 

Fisheries Management 

In addition to Magnuson-Stevens, a host 

of federal statutes – as well as presidential 

proclamations and executive orders – 

affect the nation’s fisheries. 400 Fundamental 

to an understanding of federal oversight 

of the ocean’s living natural resources are 

the following: 

u Marine Protected Areas – A 2000 executive 

order required federal agencies to establish 

a comprehensive national network of 

Marine Protected Areas (MPAs) to include 

all types of marine ecosystems to ensure 

lasting protection for the natural and 

cultural resources they contain. 401 

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u Sport Fish Restoration and Management 

Projects Act of 1950 402 – A ten percent 

federal excise tax on certain fishing gear 

is directed to state fisheries agencies, 

tied to participation in licensing efforts. 

Amendments in 1984 tripled the availability 

of federal funds by expanding the revenue 

base to include portions of fuel tax, import 

duties, and taxes on some electronic 

gear. States must maintain a 25 percent 

matching fund. The Sport Fish Restoration 

and Boating Trust Fund (formerly the 

Aquatic Resources Trust Fund) monies are 

distributed partially via the competitive 

Boating Infrastructure Grants (BIG) program. 

In 2007, $9.5 million was awarded to nine 

states (Hawai‘i was not a recipient). The 

grants are made available to state agencies 

and partners to build and maintain facilities 

for recreational boaters. BIG proposals are 

reviewed by a panel of representatives 

from the U.S. Fish and Wildlife Service, 

as well as a committee from the Sport 

Fishing and Boating Partnership Council, 

a federally-chartered body which advises 

the Secretary of the Interior and USFWS on 

recreational fishing and boating issues. The 

BIG program also funds state efforts for 

constructing or improving docking facilities 

without going through a competitive 

proposal process. In 2007, grants totaling 

$3.7 million were allocated to 38 states. 403 

u Saltonstall-Kennedy (National Industrial 

Recovery) Act of 1933 – As amended 404 

provides financial assistance (grants or 

cooperative agreements) for research and 

development projects to benefit the U.S. 

fishing industry. 

u Commercial Fisheries Research and 

Development Act 405 – Administered 

by NMFS, funding provided by this act 

is apportioned to government fisheries 

agencies based on the amount harvested 

and landed by domestic fishers. Funds are 

matched by the state. 

u Marine Mammal Protection Act 406 – 

Many species and population stocks of 

marine mammals were found to be in 

danger of extinction, and the 1972 MMPA 

was enacted to protect and conserve 

marine mammals and their habitats. Later 

amendments improved the program to 

reduce the incidental taking of marine 

mammals in commercial fishing activities. 407 

u High Seas Fishing Compliance Act – 

Requires U.S.-registered commercial fishing 

vessels to have a permit to fish on the high 

seas, or seaward of the 200 nm EEZ. Permit 

holders must comply with international 

marine life agreements. 408 

84

u Lacey Act 409 – Prohibits trade in wildlife, fish, 

and plants that have been illegally taken, 

possessed, transported, or sold. The act also 

prohibits falsification of shipping documents, 

and provides civil and criminal penalties. 

u Endangered Species Act 410 – Within the 

dozens of environmental laws passed in the 

1970s, the ESA is the most encompassing. In 

1972, Congress found that various species 

of fish, wildlife, and plants had become 

extinct or were in danger of extinction 

due to degradation of the environment 

by human actions, and charged all federal 

departments and agencies with taking 

measures to conserve endangered and 

threatened species. Under ESA’s Section 6, 

NMFS may enter into agreements with states 

that establish and maintain an “adequate 

and active” program for the conservation of 

endangered and threatened species. Such 

agreements authorize federal grants that 

can be used for management, outreach, 

research, and monitoring projects that 

have direct conservation benefits for listed 

species, recently de-listed species, and 

candidate species that reside within that 

state. Hawai‘i entered into a Section 6 

agreement with NMFS in 2006. 411 

u National Environmental Policy Act 412 – 

NEPA established a national environmental 

policy to “encourage productive 

and enjoyable harmony between man and 

his environment; to promote efforts which 

will prevent or eliminate damage to the 

environment and biosphere and stimulate 

the health and welfare of man; 

to enrich the understanding of the 

ecological systems and natural resources 

important to the Nation; and to establish 

a Council on Environmental Quality.” 413 

NEPA requires federal agencies to integrate 

environmental values into their decision – 

making processes by considering the 

environmental impacts of their proposed 

actions and reasonable alternatives to those 

actions. To meet this requirement, federal 

agencies prepare Environmental Impact 

Statements (EIS), which are reviewed and 

commented upon by the Environmental 

Protection Agency. 414 

u Clean Water Act – The CWA regulates 

discharges of pollutants into the waters of 

the United States. Administered by the EPA, 

the CWA makes it unlawful to discharge 

any pollutant from a point source into 

navigable waters, unless a permit was 

obtained under its provisions. 415 

u Ocean Dumping Act – Is administered by 

the EPA and makes it unlawful to dump, 

or transport for the purpose of dumping, 

sewage sludge or industrial waste into 

ocean waters. 416 

u National Marine Sanctuaries Act 417 – 

Authorizes the Secretary of Commerce 

to designate and manage areas of the 

marine environment with special national 

significance due to their conservation, 

recreational, ecological, historical, scientific, 

cultural, archeological, educational, or 

esthetic qualities as national marine 

sanctuaries. Administered under NOAA, the 

act’s primary objective is to protect marine 

resources, such as coral reefs, sunken 

historical vessels, or unique habitats. 418 

85

u Marine Debris Research, Prevention, 

and Reduction Act – Signed into law 

in 2006, the act establishes programs 

to identify, assess, reduce, and prevent 

marine debris and its effects on the marine 

environment and navigation safety. The act, 

which was introduced by Hawai‘i Senator 

Daniel Inouye, is implemented via NOAA’s 

Marine Debris Prevention and Removal 

Program, with coordination between the 

EPA and the U.S. Coast Guard. The act 

specifically targets fishing gear as a threat 

to the marine environment and navigation 

safety, and authorizes and funds research 

and development of alternative types of 

fishing gear to enhance the tracking and 

recovery of discarded gear. 419 

u Coastal Zone Management Act 420 – Act was 

enacted in 1972 to encourage coastal states 

to develop comprehensive programs to 

manage and balance competing uses of and 

impacts to coastal resources. Section 307 of 

the CZMA, called the federal consistency 

provision, is a major incentive for states 

to join the national coastal management 

program, and is a powerful tool that 

states use to manage coastal uses and 

resources and to facilitate cooperation and 

coordination with federal agencies. Under 

authority of the CZMA, NOAA’s Office of 

Ocean and Coastal Resource Management 

works with state coastal resource managers 

to develop marine protected areas 421 (MPAs) 

and restore coral reef ecosystems. 

u Coral Reef Conservation Act of 2000 422 – 

Act was enacted to preserve, sustain, 

and restore coral reef ecosystems and 

to promote their wise management and 

sustainable use. The act funds conservation 

programs, including projects that involve 

local communities and non-governmental 

organizations. The implementation plan 

calls for focus on mapping and information 

management; research, monitoring, and 

assessment; international issues; education; 

and local strategies developed by the states 

or regional fisheries councils. 

Federal Agencies Overseeing 

Fisheries Management 

Department of Commerce/NOAA’s 

National Marine Fisheries Service – 

NMFS is the lead agency in managing and 

conserving living marine resources within 

the U.S. EEZ. NMFS provides scientific 

and policy leadership in the international 

arena, and plays a key role in the 

management of living marine resources 

in coastal areas under state jurisdiction. 

NMFS implements science-based conservation 

and management measures and 

actions aimed at sustaining long-term use 

and promoting the health of coastal and 

marine ecosystems. 423 NMFS publishes the 

annual Status of U.S. Fisheries Report to 

Congress. 424 

NMFS Pacific Islands Regional Office – 

PIRO manages programs that support 

both domestic and international conservation 

and management of living marine 

resources. Bounded by the Hawaiian 

Archipelago in the north, American Samoa 

and U.S. Pacific remote island areas in 

the south, and the Mariana’s Archipelago, 

including Guam, in the west, the Pacific 

Islands Region encompasses the largest 

86

geographical management area within both 

the NOAA Fisheries Service and the fishery 

management council system. The total area 

of U.S. EEZ waters included in the region is 

more than 1.5 million square nautical miles, 

roughly equal to all the remaining U.S. 

EEZ waters surrounding the continental 

U.S., including those off Alaska. 425 PIRO’s 

significant Hawai‘i-based activities include 

those of its Protected Resources Division, 

which is focused on marine mammals and 

sea turtle injury and mortality due to fishing 

efforts, and other ocean impacts. 426 

U.S. Coast Guard 427 – USCG enforces 

fisheries laws at sea. Each fishery 

management council has one non-voting 

USCG member. Councils develop fishery 

management plans (FMPs), and the USCG 

is charged with enforcing the FMPs at sea, 

while NMFS enforces FMPs ashore. The 

Coast Guard also enforces laws to protect 

marine mammals and endangered species. 

In addition, the USCG works with the U.S. 

Department of State to develop and enforce 

international fisheries agreements. 428 

Western Pacific Fishery Management 

Council – Wespac’s missions encompasses 

protection of marine resources and 

prevention of overfishing while achieving 

economic opportunities for domestic 

fishing at sustainable levels of effort 

and yield. 429 To accomplish this, Wespac 

monitors fisheries within its region and 

prepares and modifies fishery management 

plans (FMPs), or the operational 

management of fisheries, which are 

submitted via NOAA/NMFS to the U.S. 

Secretary of Commerce for review and 

approval. 430 FMPs and the transition toward 

Fishery Ecosystem Plans are detailed in the 

Fishery Management section. 

To understand the somewhat complicated 

intricacies of fisheries management, a 

distinction between “governance” and 

“management” begs clarification: 

87

Governance refers to the entire process by 

which laws, procedures, and institutions 

address fisheries issues. This process 

includes the entire range of activity 

from stakeholders representing their 

concerns to [regional fishery] councils, 

through the councils developing and 

analyzing policy alternatives, choosing 

preferred policy, developing implementing 

regulations, and enforcing them, while 

also contending with the intervention of 

courts, state legislatures, and Congress. 

Management … refers to the ministerial 

process of carrying out a council’s 

approved management policies through 

rule implementation, monitoring, and 

enforcement. … Councils are more a part 

of governance than management … 

[but they] arguably have a foot in 

each camp. 431 

Wespac has 13 voting and 3 non-voting 

members. 432 Eight members, who represent 

fishing and marine-related community 

interests in the region, are nominated by 

the governors of Hawai‘i, Guam, American 

Samoa, and Northern Mariana Islands, 433 

and are then selected and appointed by the 

U.S. Secretary of Commerce. 434 There are 

eight obligatory and at-large members, 

who serve three-year terms; council 

members may be reappointed for up to 

three consecutive terms, with approximately 

one-third of the terms expiring 

annually. 435 The other eight are designated 

state, territorial, and federal officials with 

fishery management responsibilities, and 

include three non-voting members from the 

U.S. Department of State, Bureau of Oceans 

and International, Environment, and 

Scientific Affairs; the U.S. Fish and Wildlife 

Service/Refuges; and the U.S. Coast Guard 

14th District. 436 Under the MSA, Wespac is 

authorized to appoint and assign duties to 

an executive director and other full- and 

part-time administrative employees. 437 

Council decisions are based on a majority 

vote of the voting members who are 

present and voting. If members of the 

council disagree with matters sent to the 

U.S. Secretary of Commerce, that member 

can submit a statement to the secretary 

detailing the disagreement. Also, if the 

NMFS regional director disagrees with 

council decisions, he or she may submit a 

statement to the secretary. 438 

Meetings, both general and emergency, are 

open to the pubic and the MSA provides 

standard agency procedural requirements 

(14-day advance notice publication in local 

newspapers in the major fishing ports 

of the region), and interested persons 

may present oral or written testimony on 

agenda matters at the meetings. Detailed 

minutes of the meetings are maintained. 

Meetings may be closed for matters of 

national security, employment, or briefings 

or litigation. 439 

88

Hawaiian 

Ocean Policy 

and Regulatory 

Framework 

89

Hawaiian 

Ocean Policy 

and Regulatory 

Framework 

Hawai‘i’s Natural Resources 

Laws and Policies 

The Hawai‘i Constitution serves as a 

beacon for legislators and regulators in 

crafting solutions that both stimulate the 

state’s economic wellbeing and cultural 

identity while promoting sustainable uses 

of natural resources. 440 The Hawai‘i Constitution, 

Article XI, Section 1 states: 

For the benefit of present and future 

generations, the state and its political 

subdivisions shall conserve and protect 

Hawai‘i’s natural beauty and all natural 

resources, including land, water, air, 

minerals and energy sources, and shall 

promote the development and utilization 

of these resources in a manner consistent 

with their conservation and in furtherance 

of the self-sufficiency of the state. All 

public natural resources are held in trust 

by the state for the benefit of the people. 441 

Hawai‘i’s Environmental Policy 

“[encourages] productive and enjoyable 

harmony between man and his 

environment, promote efforts which 

will prevent or eliminate damage to the 

environment and biosphere and stimulate 

the health and welfare of man, and enrich 

the understanding of the ecological systems 

and natural resources important to the 

people of Hawai‘i. 442 

Findings of the state’s law on conserving 

aquatic life, wildlife, and land plants detail 

the legislature’s concern with the potential 

extinction of plants and animals found only in 

Hawai‘i, largely the result of human 

interactions and upset of native ecosystems. 443 

“All indigenous species of aquatic life, 

wildlife, and land plants are integral 

parts of Hawai‘i’s native ecosystems and 

comprise the living heritage of Hawai‘i, 

for they represent a natural resource of 

scientific, cultural, educational, environmental, 

and economic value to future 

generations of Hawai‘i’s people.” The law 

calls on the state and its agencies to take 

a proactive approach to enhancing native 

species’ prospects for survival. 444 More 

than 1,000 aquatic species are not found 

anywhere else on earth. 445 

State Agencies Overseeing 

Ocean Management 

State jurisdiction begins on the shoreline 

at the upper reaches of the wash of the 

waves and extends seaward to the limit of 

the state’s police power and management 

authority, including the U.S. territorial 

sea. 446 Generally, state oversight is of the 

0-3 nautical mile zone, after which federal 

jurisdiction extends to the boundary of the 

200 nm EEZ. 

Department of Land and Natural 

Resources 447 (DLNR) is the lead agency 

in managing the state’s land and ocean 

resources, including all water and coastal 

areas of the state and aquatic life. 448 DLNR 

is overseen by the Board of Land and 

Natural Resources, 449 whose members are 

appointed by the governor. 450 DLNR holds a 

seat on the Wespac council. 

DLNR, Division of Aquatic Resources 451 

(DAR) manages Hawai‘i’s marine and 

freshwater resources through programs 

90


in commercial fisheries and aquaculture; 

aquatic resources protection, enhancement 

and education; and recreational fisheries. 

Major program areas include projects 

to maximize commercial fishery and 

aquaculture productivity, protecting 

native and resident aquatic species and 

their habitat, and providing facilities and 

opportunities for recreational fishing 

consistent with the interests of the state. 

DAR also issues fishing licenses. 

DLNR/DAR rules for protection and 

propagation of aquatic life may include 

fisheries management tools such as size 

limits, bag limits, open and closed seasons, 

fishing gear, and type of bait. 452 

DLNR, Division of Boating and Ocean 

Recreation 453 (DBOR) administers ocean 

recreation and coastal areas programs 

(exclusive of commercial harbors), including 

21 small boat harbors, 54 launching ramps, 

13 offshore mooring areas, ten designated 

ocean water areas, 108 designated ocean 

recreation management areas, navigational 

aids, and beaches encumbered with 

easements in favor of the public. 

DOBOR registers small vessels under 

five tons; vessels over five tons are 

registered by the U.S. Coast Guard. All 

boats must be registered annually except: 

a recreational vessel holding a valid U.S. 

Coast Guard marine document; a manually 

propelled recreational vessel (kayak, 

canoe); a recreational vessel eight feet or 

less in length propelled solely by sail; or 

motorboats used exclusively for racing. 

DOBOR self-supports via user fees, vessel 

registration fees, marine fuel taxes, and 

boating property rental income deposited 

into a boating special fund. 

DLNR, Division of Conservation and 

Resources Enforcement 454 (DOCARE) is 

the enforcement branch of DLNR. Granted 

full police powers, DOCARE enforces state 

laws regarding aquatic life and wildlife 

areas, coastal zones, Conservation Districts, 

and shores, as well as county ordinances 

involving county parks. The division 

also enforces laws relating to firearms, 

ammunition, and dangerous weapons. 

DLNR, Office of Conservation and 

Coastal Lands 455 (OCCL) oversees 

approximately 2 million acres of private 

and public lands that lie within the state’s 

land use Conservation District. OCCL is 

responsible for overseeing beach and 

marine lands out to the seaward extent of 

the state’s jurisdiction. 

91

DLNR/State Historic Preservation 

Division 458 (SHPD) The division’s three 

branches (history and culture, archaeology, 

and architecture) are charged with 

maintaining an Inventory of Historic 

Properties and preserving the physical 

reminders of Hawai‘i’s past. 

DLNR/Kahoolawe Island Reserve 

Commission 456 (KIRC) manages the 

Kaho‘olawe Island Reserve (which includes 

the island and the waters within two miles 

of its shores) while it is held in trust for a 

future Native Hawaiian sovereign entity. 

The KIRC uses federal funds designated for 

state responsibilities in its restoration efforts. 

DBEDT/Hawai‘i Coastal Zone 

Management Program/Marine and 

Coastal Zone Advocacy Council 457 

(MACZAC) Since 2001, MACZAC’s twelve 

advisory members from Kaua‘i, O‘ahu, 

Maui, Moloka‘i, La – na‘i, and Hawai‘i have 

offered their expertise (in business, the 

environment, Native Hawaiian practices, 

terrestrial and marine commerce, 

recreation, research, and tourism) to 

projects such as mapping of coastal parking 

access and recommendations regarding 

shoreline certification, commercial 

boating regulations, harbor facilities, 

ocean resource management, and cultural 

resource management. 

Department of Transportation – 

Harbors Division is the permitting agency 

for those seeking to operate from a state 

commercial harbor. Beach-based operators 

may need permits from the respective 

county, as well as meeting federal and state 

requirements. 

Department of Agriculture, Aquaculture 

Development Program 459 (ADP) supports 

the burgeoning aquaculture industry, both 

freshwater and saltwater, creating further 

self-sufficiency for the islands as well as 

opening viable export industries. 

State Department of Health 460 (DOH), 

similar in function to the U.S. Environmental 

Protection Agency, implements and 

enforces the state’s environmental laws, as 

well as federal laws delegated to the state. 

County health officials and police officers 

enforce environmental laws. 461 

DOH/Office of Environmental Quality 

Control and the Environmental Council 462 

(OEQC) advises the governor and coordinates 

and directs state agencies as to environmental 

quality control matters, as well as implements 

the state’s Environmental Impact Statement 

law. 463 The Environmental Council is a 

fifteen-member citizen board affiliated with 

OEQC, which serves as a liaison between 

the public and the director of OEQC. 

92

DOH/Environmental Management 

Division 464 Reporting to the Deputy 

Director of Environmental Health are 

the Environmental Management Division 

(implements and enforces environmental 

laws, including the monitoring 

and protection of coastal waters), Office 

of Hazard Evaluation and Emergency 

Response, Environmental Planning 

Office, Environmental Resources Office 

(financial and personnel matters for the 

state’s environmental programs), Clean Air 

Branch, Clean Water Branch, the Hazardous 

Waste Branch. 465 

Hawai‘i Attorney General 466 provides 

legal services and represents the state in 

matters of enforcement and litigation. 

County Offices of Planning and 

Permitting designate Shoreline Management 

Areas and shoreline setbacks under the 

state’s Coastal Zone Management Act. 

Hawai‘i Conservation Plans 

The following is not exhaustive, but 

provides examples of the types of conservation 

efforts and plans that currently exist 

and are managed under state, federal, and 

NGO auspices. 

2006 Ocean Resources and Management 

Plan 467 The first ORMP, published in 1991, 

was developed under a multi-agency 

approach, including the private sector. 

The goal was to achieve comprehensive 

and integrated solutions for ocean and 

coastal resource management. Originally, 

the OMRP utilized a sector-based strategy, 

under the umbrella of the Coastal Zone 

Management program of DBEDT’s Office 

of Planning. The 2006 ORMP sets out 

a 30-year comprehensive strategy and 

involves extensive input and coordinated 

actions of federal, state, and county 

agencies, and private organizations. The 

2006 ORMP replaced the previous plan’s 

sector approach with a place-based 

(or ecosystem) approach, mirroring 

the changes in other natural resource 

management plans – such as fisheries 

management plans – to ecosystem plans. 

ORMP recommended actions include: 

reducing soil erosion and pollutants, 

developing beach management plans, 

protecting priority coastal areas, strengthening 

marine protected area management, 

enhancing the ability for the communities 

to restore and operate Hawaiian fishponds, 

promoting sustainable ocean-based 

tourism, involving the community in 

cultural and natural resource management, 

and exploring the utilization of place-based 

approaches to community management, 

such as the ahupua‘a system. 468 

Hawai‘i’s Statewide Aquatic Wildlife 

Conservation Strategy (SAWCS) 

developed via a comprehensive planning 

process that sought to coordinate 

management of Hawai‘i’s aquatic 

biodiversity among the various interested 

parties. 469 SAWCS, which focuses solely 

on the aquatic environment, uses the best 

available science and integrates information 

from existing management, conservation, 

and recovery plans, and utilizes conservation 

partnerships and cooperative efforts 

with other local, state, and federal agencies, 

93

nongovernmental organizations, and Hawai‘i Revised Statutes 472 

interested citizens. 

All fishing grounds belonging to the 

SAWCS emphasizes threats to species and state are public fishing grounds, allowing 

their habitats and conservation needs at “free and equal” use to all persons, 

three levels: statewide, ecosystem, and subject to DLNR management for the 

taxa-specific. Hawai‘i’s Species of Greatest protection of the fishing grounds. 473 

Conservation Need (SGCN) include 

Important Hawai‘i laws relating to fishing 

all endemic aquatic plants, algae, and and the conservation of aquatic resources 

animals; other aquatic species protected include the following: 

by state, federal, or international laws or 

u Fishing rights and regulations, HRS § 188 474 

conventions; and additional aquatic animals 

identified as in need of conservation 

u Commercial fishing, HRS § 189 

attention. The SGCN includes: 26 marine 

u Longline fishing illegal in state waters, 

mammals, 6 marine reptiles, 156 marine 

HRS § 189-2.5 

fishes, 1,424 marine invertebrates, 2 marine 

plants, and 112 aquatic algae. 470 

u Konohiki fishing rights, HRS § 187A-23 – 

vested private konohiki fishing rights 

NOAA/NMFS and Hawai‘i DLNR: 2006 

(established in conformity with the 1900 

Endangered Species Agreement 

Organic Act § 96) 475 to fishing grounds from 

Endangered species in Hawaiian waters the reefs, or where there is no reef, one 

include the Hawaiian monk seal, 

geographical mile seaward. (See section on 

humpback whale, and hawksbill sea 

Native Hawaiian rights.) 

turtle. The green sea turtle is listed as a 

u Community-based subsistence fishing 

threatened species. Under the Environmental 

Protection Act Section 6 and Hawai‘i 

areas, HRS § 188-22.6 – authorizes DLNR 

to work with communities to designate 

Revised Statutes Section 195D, NOAA/ 

subsistence fishing areas and fishery 

NMFS and Hawai‘i DLNR entered into an 

management strategies for the purpose of 

agreement in 2006 to protect, manage, and 

fishing associated with Native Hawaiian 

enhance the populations of threatened and 

subsistence, culture, and religion. Examples 

endangered species in Hawaiian waters. 

include the Miloli‘i fisheries management 

This agreement authorizes NMFS to provide 

area on the island of Hawai‘i 476 and the 

funding to DLNR to carry out programs 

Ha‘ena community based subsistence 

for endangered species protection, as well 

fishing area on Kaua‘i’s northwest coast. 477 

conduct cooperative programs such as law 

enforcement, research, management, public u West Hawai‘i Regional Fishery Management 

information, and education. 471 Area, HRS § 188F – In 1998, DLNR established 

this regional management area to improve 

management of aquatic resources. 

94

The management plan establishes fish 

replenishment areas (where aquarium fish 

collection is prohibited or no fishing of reef 

fish allowed), mooring buoy system, and 

gear restrictions. The area’s effectiveness is 

reviewed every five years by DLNR and the 

University of Hawai‘i. 

u Kaneohe Bay Regional Council, HRS § 200D 

u Conservation of Aquatic Life, Wildlife, and 

Land Plants, HRS § 195D 

u Aquatic Resources, HRS 187A 

u Marine Life Conservation Program, HRS § 

190 – Marine Life Conservation Districts 

(no-take zones) 

u Ocean and Submerged Lands Leasing, 

HRS § 190D (see section on Aquaculture); 

Aquaculture loan programs at HRS § 219 

u General Provisions Relating to Aquatic 

Resources and Wildlife, HRS § 197 

u Ocean Recreation and Coastal Areas 

Programs, HRS § 200 

u Coastal Zone Management, HRS § 205A 

u Federal aid in sport fish restoration, 

HRS § 187A-9 – funding for programs and 

activities relating to sportfishing. 478 

Hawai‘i Administrative Rules 

Promulgated by DLNR in carrying out 

its duties as prescribed by the Hawai‘i 

Legislature via the Hawai‘i Revised Statutes, 

a proposed rule or amendment first is 

drafted by DLNR, approved by the Board of 

Land and Natural Resources, and reviewed 

by the Department of the Attorney General 

(AG). Then the draft is taken out to public 

meetings and/or hearings, where the public 

95

can give formal testimony. If necessary, the 

rule is revised and submitted to BLNR for 

final approval. It is reviewed again by the 

AG, and after signing by the governor and 

filing with the lieutenant governor, it has 

the effect of law. 

DLNR’s administrative rules relating to 

marine fishing are found under HAR Title 

13, Subtitle 4: Fisheries. 479 A system of 

Marine Protected Areas – which include 

Marine Life Conservation Districts, Fishery 

Management Areas, Fishery Replenishment 

Areas, Natural Area Reserves, and 

Bottomfish Restricted Areas – limit fishing 

efforts in Hawaiian waters for protection/ 

conservation of marine life and habitat and 

replenishment of fisheries. An excellent 

map showing the various restricted areas 

is found at www.Hawaii.gov/dlnr/dar/ 

images/MPAmaplg.jpg. 

u Marine Life Conservation Districts (Chapters 

28-38) – The most restrictive category of 

land-use zone, MLCDs are no-take zones 

(no harvesting). Other restrictions also 

apply. For example, in some MLCDs it 

is prohibited to fish, possess or destroy 

coral, possess fishing gear, or introduce 

any substances into the water to attract 

marine life. 480 

u Marine Fisheries Management Areas 

(Chapters 47-60.5) – Covering a broad 

range of territory and subject matter, these 

rules spell out habitat and catch provisions 

for areas such as Kahului Harbor on 

Maui 481 and the state marine refuge in the 

Northwestern Hawaiian Islands. 482 

u Fisheries Resource Management (Chapters 

49, 73-75, and 95) includes state deployment 

of Fish Aggregating Devices 483 (FADs are 

buoys that attract schools of tuna and other 

pelagic fish, such as mahimahi, and billfish, 

helping fishers to locate and catch these 

species); licensing and permit provisions; 

fees for fishing; and fishing gear 484 

u Protected Marine Fisheries Resources 

(Chapters 83-95) – Rules governing harvest 

of shellfish, Samoan crab, clams, spiny 

lobster, nehu (Hawaiian anchovy), corals, 

opihi (limpets), limu (seaweed), and 

bottomfish; and rules for taking and selling 

of certain other marine resources such as 

aquarium fish 485 

u Fishing License Requirements – Currently, 

recreational fishers in Hawai‘i are not 

required to be licensed. However, 

individuals or vessels engaged in taking, 

selling, or offering for sale any marine 

life for commercial purposes (including 

charter fishing services) 486 must obtain a 

Commercial Marine License from DAR. 

Commercial fishers are required to 

submit a monthly catch report. 487 License 

fees and other funds deposited into a 

Commercial Fisheries Special Fund within 

the state treasury are used for fisheriesrelated 

programs such as developing 

acceptable harvest levels, conservation and 

management, and enforcement. 488 

96

Native Hawaiian 


Management 

97

Native Hawaiian 


Management 

Native Hawaiian Ahupua‘a: The original 

ecosystem management system 

As expressed in the creation chant, 

Kumulipo, Native Hawaiians view the earth 

and ocean as living entities. Rather than 

being separate and distinct, Hawaiians 

consider themselves physically and 

spiritually related to the ocean and its 

inhabitants. 489 This differs sharply from the 

Western view of ocean management, which 

largely views the ocean as a source of food 

and wealth for human exploitation. 

The Hawaiian concept of deep connection 

to the marine environment is in keeping 

with the traditions of other native peoples 

throughout the Pacific. The Maori of 

Aotearoa, or New Zealand, developed a 

law of the sea: 

First, that the sea is part of a global 

environment in which all parts are 

interlinked. Second, the sea, as one of 

the taonga or treasures of Mother Earth, 

must be nurtured and protected. Third, 

the protected sea is a koha or gift which 

humans may use. Fourth, that use is to 

be controlled in a way that will sustain 

its bounty. These principles still guide 

the Maori, and they have drawn on 

them in their recent claims before the 

Waitangi Tribunal to protest, for instance, 

against sewage discharges into the rivers, 

lakes, and estuaries that are part of 

their natural environment. The Maori 

perspective is that pollution should not 

be attacked ‘by seeking more effective 

methods of waste disposal as is often 

advocated today, but by ensuring that 

any activity produces as little waste as 

possible at its source.’ 490 

Native Hawaiians had an intricate system 

vof land and ocean management based 

around geographic designations called 

ahupua‘a, generally wedge-shaped areas 

that ran from the mountains to the sea, 

often spanning from one ridge-line to the 

next and encompassing the valley and 

rivers in between. 491 Under the authority 

of the konohiki (an administrator or lesser 

chief, given his authority by the ali‘i nui, 

or the high chief of the island), the maka‘a – 

inana (commoners, tenants) of the ahupua‘a 

had the exclusive rights to fish in the 

adjacent coastal waters. 492 Fishponds were 

constructed on the coasts to supplement 

the wild seafood harvests used to benefit 

the ahupua‘a tenants, the konohiki, 

98

and the ali‘i nui; harvests also were used in 

trade with other ahupua‘a. The konohiki, 

relying on experts who were versed in the 

habits and biology of the fish of nearby waters, 

managed the ahupua‘a’s coastal fisheries 

through a sophisticated kapu system, rules 

based on conservation principles, religion, 

and personal interest. Kapu (prohibitions) 

may be placed on harvesting a fish during 

its spawning season, for example. 493 Such 

private ahupua‘a fishing rights (also referred 

to as konohiki fishing rights) extended to 

the point where the reef meets the deep 

ocean, and in places where there was no 

reef, to one mile seaward. 494 

Fishponds: Near-Shore 

Private Fisheries 

Native Hawaiians built and used loko i‘a, 

as well as ocean nets and baskets, in their 

successful aquaculture practices, both for 

freshwater and marine fish. There is evidence 

that fishponds were constructed as early as 

1000 A.D. through the early 1800s. 495 

In 1903, approximately 2,000 fishponds 

produced more than 660,000 pounds 

of fish. 496 In 1993 (the most recent total 

count), DLNR’s State Historic Preservation 

Division reported 488 fishponds in varying 

states of disrepair scattered throughout 

the six major islands, with rehabilitation 

efforts focused on 74 ponds on Moloka‘i. 497 

Rehabilitation continues privately and 

publicly, some lured by potential economic 

gain from fish, shrimp, or seaweed sales, 

and others for cultural revival. For example, 

the Office of Hawaiian Affairs grants funds 

to support reconstruction and maintenance 

efforts of fishponds, such as a $99,000 

grant in 2007 for reconstruction of a 

fishpond wall at Kaloko-Honokohau 

National Historic Park and $87,570 in 2004 

for a “classroom without walls” at the 

Kuapa ahupua‘a and fishpond. 498 

99

And, adjacent to the Hualalai Resort on 

the Big Island, biologist David Chai has 

restored Waiakauhi, a rare anchialine 

(near the sea) fishpond. Anchialine ponds 

have tidal fluctuations due to subsurface 

connections with the oceans via cracks 

and crevices in lava. Chai stocks this pond 

with “traditional fishpond fish” such as awa 

(milkfish), mullet, papio (young crevalle), 

aholehole (Hawaiian flagtail), and manini 

(convict tang).” 499 Others have presented the 

idea of combining tourism as an economic 

byproduct of fishpond revitalization: “Ideal 

resources for fish and crustacean culture, 

a number of Hawaiian ponds will likely 

be restored for commercial culture of 

mullet, milkfish, threadfin and seaweeds,” 

wrote J.A. and C. Arki Wyban in 1989. 

“Fish production in these ponds could be 

integrated with visitor activities such as fee 

fishing or visitor centers.” 500 

On Moloka‘i, Hawaiian activist Walter Ritte 

has led local youth in a rebuilding effort 

of the dozens of fishponds that line the 

island’s south shore. On the east end of 

the island, the Hawaiian Learning Center 

fronts a restored 54-acre fishpond called 

Keawanui, from which thousands of 

pounds of fish are harvested annually. HLC 

offers a curriculum called Kahea Loko to 

educate school children and others in the 

community interested in ancient Hawaiian 

land and ocean stewardship. 

Ancient Hawaiian 

Fishponds 

Six major types of ancient Hawaiian 

fishponds have been identified: 

n Loko wai was a freshwater pond. 

n A loko i‘a kalo was a combination of a taro 

patch and a fishpond. 

n A loko pu‘uone was a pond isolated from 

the sea either by a sand ridge, a lava flow, 

or a limestone formation. It contained either 

brackish water or a combination of brackish 

water and fresh water. 

n A loko kuapa is a shore pond enclosed by a 

rock wall (kuapa) broken by a ditch (‘auwai) 

or one or more sluice gates (makaha). The 

makaha was used to regulate the flow of water 

and it also allowed the fingerlings (young fish) 

to enter the pond. 

n A loko ‘umeiki was a fishtrap and was 

similar to loko kuapa in construction. The 

loko ‘umeiki had several lanes that were 

walled on both sides and either led in or 

out of the pond. Loko kuapa and loko 

‘umeiki were found mostly on O‘ahu and 

Moloka‘i because their fringing reef had 

shallow water and wave protected areas. 

n Natural pools or ponds that are found 

along the rocky shores were also used and 

occasionally modified by the Hawaiians. 

A kaheka gets its water from high waves 

while a hapunapuna is fed by springs. 501 

100

Hawai‘i’s Fisheries in the 1900s 

Westernization of Hawai‘i’s judicial and 

land-ownership systems occurred during 

the mid-1800s, and modern courts have 

especially focused on the 1840s in 

determining the nature of the traditional 

Hawaiian rights that remain judicially 

valid in the present day. 502 The years from 

1839 to 1852 have been described as a 

“peaceful but complete revolution in the 

entire polity of the Kingdom.” 503 “The legal 

concept of private ownership was thrust 

upon the native population first through 

the Ma – hele, a sweeping land division 

edict little understood by the maka‘a – inana 

followed by a blatantly obvious land grab 

scheme now historically infamous as the 

Law of Adverse Possession.” 504 In the last 

half of the 1800s, culminating in Hawai‘i’s 

annexation in 1898, ahupua’a management 

and the traditional kapu system largely fell 

to Western ways of private land ownership 

and ocean management. 505 

In 1900, the Hawai‘i Organic Act repealed 

all the laws of the Republic of Hawai‘i 

that conferred exclusive fishing rights, 

subject only to vested rights, which had 

to be claimed within two years of the 

enactment of the law. 506 Fishponds were 

specifically exempted from the act. Upon 

application and after a private fishing right 

was established by the attorney general, 

the Territory of Hawai‘i could proceed to 

condemn the private fishery for public use, 

paying the property owner just compensation. 

Congressional intent was to do 

away with private fisheries and open all 

fisheries to the public. 507 Between 240 to 

340 formerly private fisheries were forfeited 

due to noncompliance with the terms 

of the Organic Act; the ratio of forfeited 

fisheries to those that were established was 

between 4 to 1 and 2 to 1. 508 By 1939, 35 

owners had established rights in approximately 

100 fisheries under the Organic Act. 509 

While most near-shore fisheries were 

legally opened to the public through 

the Organic Act, konohiki fishing rights 

remained valid. In 1904, the U.S. Supreme 

Court, in Damon v. Territory of Hawai‘i, 

affirmed an action to quiet title in a private 

fishery off of Oahu that had been registered 

under the terms of the Organic Act. 

The right claimed is a right within certain 

metes and bounds to set apart one species 

of fish to the owner’s sole use, or, alternatively, 

to put a taboo on all fishing within 

the limits for certain months, and to 

receive from all fishermen one third of 

the fish taken upon the fishing grounds. 

A right of this sort is somewhat different 

from those familiar to the common law, 

but it seems to be well known to Hawai‘i, 

and, if it is established, there is no more 

theoretical difficulty in regarding it as 

property and a vested right than there 

is regarding any ordinary easement or 

profit a prendre as such. … Moreover, 

however, anomalous it is, if it is 

sanctioned by legislation, if the statutes 

have erected it into a property right, 

property it will be, and there is nothing 

for the courts to do except to recognize it 

as a right. 510 

101

Native Hawaiian Rights Asserted via 

the Legal System 

“[F]rom 1900 to 1970, the Hawai‘i Supreme 

Court created a lineage of caselaw 

dissolving vested rights of Native Hawaiians 

in favor of opening the coastline to the 

general public through state ownership. 

Remnants of this philosophy favoring 

public access to the coastline continue 

to exist and permeate state and federal 

caselaw today.” 511 In 1978, the Hawai‘i 

Constitution, Article XI, Section 6, codified 

the state’s policy on marine resources: 

The state shall have the power to manage 

and control the marine, seabed, and other 

resources located within the boundaries 

of the state, including the archipelagic 

waters of the state, and reserves to itself all 

such rights outside state boundaries not 

specifically limited by federal or international 

law. 

All fisheries in the sea waters of the state 

not included in any fish pond, artificial 

enclosure, or state-licensed mariculture 

operation shall be free to the public, 

subject to vested rights and the right of 

the state to regulate the same; provided 

that mariculture operations shall be 

established under guidelines enacted by 

the legislature, which shall protect the 

public’s use and enjoyment of the reefs. 

The state may condemn such vested rights 

for public use. 512 

Also passed that year, Hawai‘i Constitution 

Article XII, Section 7 affirmed 

Native Hawaiian rights and gave basis for 

their further protection via the judiciary 

and the state and county agencies. “The 

state reaffirms and shall protect all rights, 

customarily and traditionally exercised 

for subsistence, cultural, and religious 

purposes and possessed by ahupua‘a 

tenants who are descendants of Native 

Hawaiians who inhabited the Hawaiian 

Islands prior to 1778, subject to the right of 

the state to regulate such rights.” 

Since the adoption of this provision, the 

Hawai‘i Supreme Court has taken an 

expansive view on the protections offered 

to Native Hawaiians in exercising their 

traditional and customary rights on the land 

and shoreline. 513 

In the last three decades, Native Hawaiian 

activists began to vigorously assert their 

historical rights in the ocean and its 

resources. An opinion letter written by 

the Hawai‘i Attorney General in 1982 

read: “Native Hawaiians state … that the 

submerged lands surrounding Hawai‘i and 

the water column above these submerged 

lands were all part of the Crown and 

Government Lands illegally acquired by 

the United States in 1898 without the 

consent of, or compensation to, persons of 

Hawaiian ancestry. These illegally acquired 

properties are now commonly referred to 

as the ‘ceded lands’ because they were 

ceded by the illegally constituted Republic 

of Hawai‘i to the United States at the time 

of annexation in 1898. A large portion of 

these properties [was] then transferred to 

the State of Hawai‘i at the time of 

statehood in 1959. The State of Hawai‘i 

has acknowledged that the submerged 

lands are part of these ceded lands.” 514 

102

In the late 1980s, the Office of Hawaiian 

Affairs (OHA) and Native Hawaiian 

community groups asserted that Hawaiians 

are entitled to half of the harvest from 

these ceded ocean areas, to share equally 

in any profits made from them, 515 and 

to co-manage the resources. Guam 

and the Commonwealth of the Northern 

Mariana Island have made similar 

(and also as yet unresolved) claims to the 

U.S. government. 516 

The most significant legal clarification to 

the rights for Native Hawaiians to exercise 

traditional and customary practices came 

with the 1995 Hawai‘i Supreme Court’s 

examination in Public Access Shoreline 

Hawai‘i (PASH) v. Hawai‘i County Planning 

Commission, 517 in which the court stated 

that in addition to the mandate of the 

Hawai‘i Constitution Article XII, 

Section 7, and Hawai‘i Revised Statutes 

Section 1-1, Native Hawaiian rights 

“normally associated with tenancy in an 

ahupua‘a, may also apply to the exercise of 

rights beyond the physical boundaries of 

that particular ahupua‘a.” 518 

The PASH court ruled that Article XII, 

Section 7 is binding not just on the actions 

of state and counties, but also those of 

administrative agencies, obligating them to 

protect traditional and customary rights. 519 

The court also clarified the doctrine of 

custom in Hawai‘i 520 : 

u Traditional and customary practices in 

Hawai‘i must be established in practice by 

November 25, 1892. 

u A test for the validity of customs was 

established: A custom must be consistent 

when measured against other customs, 

objectively certain, and exercised in a 

reasonable manner. 

u The court declined to limit the exercise 

of traditional and customary rights to 

individuals of Native Hawaiian descent. 

103

Traditional and Customary Rights 

within the 21st Century Global Forum 

International recognition of native peoples’ 

rights and roles in ocean governance is 

gaining a foothold in fisheries management 

discourse. Reflecting much of what has 

gone on in Hawai‘i’s history, in New 

Zealand, Maori have asserted their 

traditional position regarding fisheries and 

fishing rights: 

Maori involvement with fish and fishing 

is as ancient as the creation and Maori 

fishing embraces not only the physical 

but also the spiritual, social, and cultural 

dimensions. …What is surprising is that 

a people who once depended so heavily 

on the sea resource should now find 

themselves almost totally shut out of an 

economic activity which was so much a 

part of their way of life. 

The libraries of their minds are replete 

with an enormous treasure trove of 

ancient practices, customs, beliefs, and 

laws telling of the huge reliance upon the 

seas in days gone by. Several hundred 

fishing grounds were named and 

identified in detail, up to 25 miles at sea, 

with descriptions given of their locations 

as fixed by cross bearings from the land, 

the fish species associated with each, and 

the times to fish there. It was soon obvious 

to us, from the spread of such grounds, 

that Muriwhenua fishermen had worked 

the whole of the inshore seas and that all 

workable depths were known. How could 

it be then that we have come to associate 

Maori fishing with the gathering of a few 

shellfish at the seashore? 521 

In February 2007, “Our Sea of Islands: 

A Regional Forum for Oceania on Marine 

Managed Areas and World Heritage” 

addressed a regional approach to 

management of ocean resources. Oceania 

encompasses 20 Pacific island nations, 

states, and territories in Polynesia, 

Micronesia, Melanesia, and Australia. 

The forum advocated changes in 

management of ocean resources: increasing 

the combined marine management 

techniques using the best Western 

scientific information and native customary 

management methods; further developing 

marine managed areas; and increasing 

surveillance, enforcement, and information 

sharing between ocean nations and states. 

The forum panel praised the national 

monument dedication in the Northwestern 

Hawaiian Islands and advocated pursuing 

104

United Nations World Heritage status, 

concluding that such designation would 

commit the federal government in 

perpetuity to preservation/conservation 

efforts and add an extra layer of national 

and international protection, increase 

international recognition and financial 

support, and increase opportunities 

for research and education now and 

into the future. 522 

Government, Native Hawaiians, 

and Cultural and Community 

Organizations Seek Cooperative 

Management of Ocean Resources 

Consensus building between the different 

factions (international, federal, state, 

local community, and native peoples) 

is becoming a global message in 

marine management. Community-based 

management is a buzzword of the day, 

signifying not only the rights of Native 

Hawaiians, but of all residents in coastal 

communities in having a say in marine 

management. Yet, working examples 

remain relatively rare. “A few remote 

areas under community control have 

standing stocks of fishes equivalent to 

those found in no-take Marine Life Conservation 

Districts. However, despite the fact 

that no-take marine refuges and areas 

under community-based management 

have proven to be successful fisheries 

management strategies, less than 1 percent 

of the coastal areas in Hawai‘i are managed 

in these ways. 523 

However, successful cooperativemanagement 

models do exist. Examples of 

subsistence-fishing community management 

efforts in Hawai‘i include Ha‘ena on 

Kaua‘i; Ho‘okena, Miloli‘i, and Honaunau 

on Hawai‘i; Mo‘omomi on Moloka‘i; 

and Ewa on O‘ahu. 524 The Makai Watch 

program, modeled after the Neighborhood 

Watch program, acts as the “eyes and 

ears” of law enforcement by providing 

local communities with the opportunity 

to be directly involved in protecting the 

marine environment. The program, which 

is a partnership between The Nature 

Conservancy, the University of Hawai‘i 

Sea Grant, DAR, and non-profits such as 

Ma – lama Hawai‘i, educates marine users as 

to marine ecology, culture, history, safety, 

and conscientious use of ocean resources. 

Monitors collect information on fishing, 

kayaking, and collecting activities and on 

the biological health of the ocean resource. 

Makai Watch participants encourage others 

to learn and obey regulations, and they 

also identify and report illegal activities to 

proper authorities. 525 

NOAA’s Pacific Services Center was 

established in 2001 to improve the 

agency’s services to the Pacific Islands 

through partnering with local coastal and 

ocean resource management communities 

as a means of understanding and 

developing assistance that reflects and 

incorporates the islands’ cultural and 

traditional practices. “Natural resource 

management issues cannot be separated 

from human elements such as traditional 

practices, culture, and economics.” 526 

105

Wespac reports increased community 

involvement via its development of 

Fisheries Ecosystems Plans, as mandated 

by the MSA. 527 Efforts include workshops, 

conferences, the Puwalu series (discussed 

below), and specific outreach through 

the Association of Hawaiian Civic Clubs 

(AOHCC). 528 Wespac’s Regional Ecosystem 

Advisory Committee provides a forum for 

community and cultural consultation in 

fisheries management processes, including 

Wespac’s new Hawai‘i Archipelago Fishery 

Ecosystem Plan, which will be the larger 

framework under which more specific 

ecosystem-based management strategies 

will be developed. 529 

AOHCC and OHA have held dozens of 

community meetings statewide to hone 

efforts in implementing traditional and 

cultural practices into government policy. 530 

Several ocean-management and legal issues 

have recently held the AOHCC Ocean 

Resources Committee’s focus: 

u The 2006 presidential proclamation of 

the Papaha – naumokua – kea Marine National 

Monument caused significant concern, with 

the committee reporting that the action was 

taken without the state or federal governments 

asking for Hawaiian input. In addition, 

the committee posed this question: “The 

Northwest Hawaiian Islands Monument 

represents the biggest taking of ceded 

lands in history. The state gave this to the 

U.S. How is the state going to compensate 

the Hawaiian people for this taking?” 

u The committee noted that OHA, which 

is charged with protecting ceded and 

submerged lands for Native Hawaiians, 

had remained silent on this matter. AOHCC 

seeks to be a part of the management and 

regulatory planning with respect to the 

monument. 

u Some Hawaiian Civic Clubs opposed 

DLNR’s recent measures to close additional 

marine areas to fishing activity; these clubs 

instead advocate seasonal closures based 

on spawning cycles. The committee also 

opposed the state’s 2006 lay gillnet ban. 531 

In 2006, Wespac and the AOHCC 

co-sponsored the Puwalu Series to increase 

participation of the Hawaiian community in 

conservation and management of Hawai‘i’s 

land and ocean resources, including 

Wespac’s Hawai‘i Archipelago Fisheries 

Ecosystem Plan. Three Puwalu brought 

together Native Hawaiian cultural and 

traditional practitioners versed in lawai‘a 

and mahiai, or ocean and land ahupua‘a 

management methods. Resolutions of the 

Puwalu call for reinstatement and continuation 

of the konohiki management/kapu 

system, the creation of ‘Aha Moku councils 

to provide guidance and input to state and 

county agencies, and the ahupua‘a system 

of place-based ecosystem management. 532 

The establishment of Aha Moku advisory 

councils also was a priority identified in 

the ORMP. 533 The governor signed SB 

1853 into law (Act 212) on June 27, 2007. 

The act establishes an ‘aha kiole advisory 

committee to provide a framework on 

the formation of an ‘Aha Moku council 

commission that shall serve in an advisory 

capacity on matters regarding natural 

resources management. 

106

Table of 

Acronyms 

COOL – U.S. Department of Agriculture 

requires “country of origin labeling” on 

seafood products 

DAR – State of Hawai‘i Department of 

Land and Natural Resources/Division of 

Aquatic Resources 

DOCARE – State of Hawai‘i Department 

of Land and Natural Resources/Division of 

Conservation and Resources Enforcement 

EEZ – U.S. Exclusive Economic Zone, 

generally 3-200 nautical miles from the 

baseline, or mean low tide line 

FAD – Fish Aggregating Devices – surface 

and sub-surface buoy-like structures that 

attract schools of fish 

FEP – Fishery Ecosystem Plans, developed 

by the eight regional fisheries councils; 

the new standard for managing fisheries, 

which is more place-based than species or 

stock-based 

FMP – Fishery Management Plans 

developed by the eight federal regional 

fisheries management councils 

FSSI – Fish Stock Sustainability Index, an 

annual report to Congress 

HMRFS – Hawai‘i Marine Recreational 

Fishing Survey 

IATTC – Inter-American Tropical 

Tuna Commission 

ICCAT – International Commission for the 

Conservation of Atlantic Tuna 

MLCD – Marine Life Conservation Districts – 

that limit or prohibit fishing and other 

activities in specified marine areas 

MHI – Main Hawaiian Islands 

MSA – Magnuson-Stevens Act 

NM – nautical mile 

NMAI – National Marine 

Aquaculture Initiative 

NMFS – National Marine Fisheries Service 

NOAA – National Oceanic and 

Atmospheric Administration 

NWHI – Northwestern Hawaiian Islands 

PIFSC – NMFS Pacific Islands Fisheries 

Science Center 

PIRO – NMFS Pacific Islands 

Regional Office 

SLA – 1953 U.S. Submerged Lands Act 

UNCLOS – United Nations Conventions on 

the Law of the Sea 

USCG – U.S. Coast Guard 

USCOP – U.S. Commission on Ocean Policy 

WCPFC – Western and Central Pacific 

Fisheries Commission 

WCPO – Western and Central Pacific Ocean 

Wespac – Western Pacific Fisheries 

Management Council 

107

About the Hawaii Institute 

for Public Affairs 

The Hawaii Institute for Public Affairs 

generates and communicates new knowledge 

and original research to improve the 

quality of life in our islands. By creating an 

informed atmosphere for policymakers and 

community leaders, we provide tools and 

opportunities to strengthen Hawai‘i’s public 

decision-making process. 

We are Hawai‘i’s first independent and 

nonpartisan public policy institute. We are 

founded on a philosophy of community 

collaboration, fact-based research and issues 

education. Our tools include convening 

small- and large-scale community conversations, 

surveying stakeholders and 

industry leaders, providing sound research 

and data, gathering public input, and 

communicating through the media, Internet 

and additional channels. 

About the Principal Investigator 

This report was researched, written, and 

compiled by Richelle M. Thomson, Esq., 

a graduate cum laude of the University of 

Hawai‘i, William S. Richardson School of 

Law, and its Environmental Law Program. 

She recently completed the law and policy 

reference section of the State of Hawai‘i 

Bioenergy Master Plan 2009 for the Hawai‘i 

Natural Energy Institute, School of Ocean 

& Earth Science & Technology, University 

of Hawai‘i at Ma – noa. She is an associate 

attorney with Ivey Fosbinder Fosbinder 

LLC, a Wailuku, Maui, law firm. 

108

Endnotes 1 Wespac, “Hawai‘i Seafood Market for Pelagic Fish,” at 

http://www.wpcouncil.org/documents/pel_mrkt.pdf. 

2 NMFS Fisheries Statistics Division, annual landings 

by species, at http://www.st.nmfs.noaa.gov/st1/ 

commercial/landings/gc_runc.html. 

3 Kitty Simonds, Wespac executive director, “Managing 

Marine Fisheries of Hawai‘i and the U.S. Pacific Islands – 

Past, Present, and Future,” at http://www.wpcouncil. 

org/documents/WPRFMCDocument/WPRFCBrochure. 

pdf, p. 6. 




5 P. Bartram, J. Kaneko, G. Krasnick, PacMar, Inc., 

“Responsible Fisheries Assessment of Hawai‘i’s Pelagic 

Longline Fisheries,” Hawai‘i Seafood Project, NOAA 

Award No. NA05NMF451112 (2006). 

6 U.S. Census Bureau, “Hawai‘i Quick Facts 2005,” at 

http://quickfacts.census.gov/qfd/states/15000.html; 

and compared to total number of state residents who 

fish recreationally as reported via National Marine 

Fisheries Service, Fisheries Statistics Division, at http:// 

www.st.nmfs.gov/st1/recreational/queries/index.html, 

and also with .S. Department of the Interior, Fish and 

Wildlife Service, and U.S. Department of Commerce, 

Bureau of the Census, “2006 National Survey of Fishing, 

Hunting, and Wildlife-Associated Recreation: Hawai‘i.” 

7 Oceanic Institute, Fisheries & Environmental Science, at 

http://www.oceanicinstitute.org/nav.php. 

8 Agriculture and Agri-Food Canada, November 2006 

bulletin, citing the journal Science, at http://atnriae.agr. 

ca/news/news_trends_nov2006_e.pdf. 

9 Letter from Wespac Chair Sean Martin to Dr. Bill 

Hogarth, Assistant Administrator of Fisheries, NOAA/ 

NMFS. February 28, 2007. 

10 Wespac, “Federal Managers to Consider Long-Term 

Measures for Bottomfish in the Main Hawaiian Islands 

and other U.S. Pacific Island Fishery Issues,” press 

release, June 18, 2007, at http://wpcouncil.org/ 

press/2007.06.18_PRESSRELEASE_138CMpre.pdf. 

11 Frequently Asked Questions Concerning New 

Regulations for Bottomfish Fishing in the Main 

Hawaiian Islands, April 9, 2007, at http://wpcouncil.org/ 

bottomfish/Documents/FAQ%202007%20bottomfish%20 

closure.pdf; also see Diana Leone, Sudden Ban Meant 

to Help 7 Bottomfish Recover, Honolulu Star-Bulletin, 

March 18, 2007, at http://starbulletin.com/2007/03/18/ 

news/story05.html. 

12 NMFS, Aquaculture, at http://www.nmfs.noaa.gov/ 

mediacenter/aquaculture/offshore.htm and http://www. 

nmfs.noaa.gov/mediacenter/aquaculture/docs/FAQs_ 

Final_March%2011%20_for%20web.pdf. 

13 State of Hawai‘i Department of Business, Economic 

Development, and Toursim, 2006 Data Book. Due to 

revisions to the commercial fishing report forms in 

October 2002, licensed commercial fishers no longer 

report ex-vessel landing values. The latter information 

is collected from a fish dealer reporting system. 

The Division of Aquatic Resources is developing an 

application to integrate the fishing and fish dealer 

reporting systems to summarize landings with ex-vessel 

landing value information. Therefore, only total landings 

reported by commercial fishers are available at this 

time, at http://www.hawaii.gov/dbedt/info/economic/ 

databook/db2006/section20.pdf. Source: Hawai‘i State 

Department of Land and Natural Resources, Division of 

Aquatic Resources, Commercial Fish Landings for Fiscal 

Year (annual) and records. 




15 PIFSC, Hawai‘i-based longline logbook summary report, 

October-December 2006; see www.pifsc.noaa.gov/ 

fmsd/reports.php. 

16 NOAA, “Seafood Consumption Reaches Record Levels 

in 2004: Americans Eating More Shrimp, Fresh and 

Frozen Seafood,” at http://www.noaanews.noaa.gov/ 

stories2005/s2531.htm. 

17 Wespac, “Hawai‘i Seafood Market for Pelagic Fish,” at 

http://www.wpcouncil.org/documents/pel_mrkt.pdf. 

18 NMFS, “Import and Export of Fishery Products 

Summary, 2006,” at http://www.st.nmfs.noaa.gov/st1/ 

trade/documents/TRADE2006.pdf. 


Summary, 2006,” at http://www.st.nmfs.noaa.gov/st1/ 

trade/documents/TRADE2006.pdf. 

20 Karl Kim and Makena Coffman, University of Hawai‘i at 

Ma – noa, “Estimating the Impacts of Banning Commercial 

Bottomfish Fishing in the Northwestern Hawaiian 

Islands,” at http://www.ecomod.org/files/papers/1692. 

doc, citing the State of Hawai‘i Department of Business, 

Economic Development, and Tourism 2002 Input- 

Output Analysis, at http://www.hawaii.gov/dbedt/ 

info/economic/data_reports/2002_state_io/2002-inputoutput-study.pdf. 

109

21 U.S. Department of the Interior, Fish and Wildlife 

Service, and U.S. Department of Commerce, 

Bureau of the Census, “2006 National Survey 

of Fishing, Hunting, and Wildlife-Associated 

Recreation: Hawai‘i.” Numbers are rounded. 

22 Personal communication from the National Marine 

Fisheries Service, Fisheries Statistics Division, at 

http://www.st.nmfs.gov/st1/recreational/queries/ 

index.html. 

23 March 2007 report by DAR to the 137th WPRFMC 

meeting; agenda item 4C. 

24 U.S. Secretary of Commerce Carlos Gutierrez, 

March 2007, at http://www.commerce.gov/opa/ 

speeches/Secretary_Gutierrez/2007/March/12_ 

Gutierrez_Aquaculture_SeafoodShow_Boston. 

htm. Also see, Howard Dicus, Pacific Business 

News, “Hawai‘i adds to aquaculture’s billiondollar 

industry,” (October 3, 2006), at http://www. 

oceanicinstitute.org/nav.php?loc=News_and_ 

Events&contentID=187. 

25 Carlos Gutierrez, addressing the International 

Boston Seafood Show, at http://www.commerce. 

gov/opa/speeches/Secretary_Gutierrez/2007/ 

March/12_Gutierrez_Aquaculture_Seafo odShow_ 

Boston.htm 

26 Joint Oceans Commission, “From Sea to Shining 

Sea,” 2006 report to Congress, at http://www. 

jointoceancommission.org/images/From-Sea-to- 

Shining-Sea-Report-to-Congress-June-2006.pdf, 

page 6. 

27 Carlos Gutierrez, addressing the International 

Boston Seafood Show, at http://www.commerce. 

gov/opa/speeches/Secretary_Gutierrez/2007/ 

March/12_Gutierrez_Aquaculture_SeafoodShow_ 

Boston.htm. 

28 Hawai‘i Longline Association, at http://www. 

hawaiilongline.org/index.php?option=com_content 

&task=view&id=23&Itemid=55. 


Summary, 2006,” at http://www.st.nmfs.noaa.gov/ 

st1/trade/documents/TRADE2006.pdf. 

30 National Fisheries Institute, 2004 U.S. import/ 

export seafood trade partners at http://www. 

aboutseafood.com/media/facts_statistics_ 

detail~id~6.cfv. 


Summary, 2006,” at http://www.st.nmfs.noaa.gov/ 

st1/trade/documents/TRADE2006.pdf. 

32 National Fisheries Institute, 2004 U.S. import/export 

seafood trade partners at http://www.about 

seafood.com/media/facts_statistics_detail~id~6.cfv. 

33 Personal communication with DAR/Reginald 

Kokubun, March 23, 2007, on file with author. 

34 NFMS Fisheies Statistics Division, annual landings 

at http://www.st.nmfs.noaa.gov/st1/commercial/ 

landings/annual_landings.html. 

35 NMFS Fisheries Statistics Division, Commercial 

Landings by Port, at http://www.st.nmfs.gov/ 

pls/webpls/MF_LPORT_YEARP.RESULTS. Also 

see Karl Kim and Makena Coffman, University of 

Hawai‘i Department of Urban & Regional Planning, 

“Estimating the Impacts of Banning Commercial 

Bottomfish Fishing in the Northwestern Hawaiian 

Islands,” citing DBEDT Input-Output Study (2002) 

at http://www.hawaii.gov/dbedt/info/economic/data_ 

reports/2002_state_io/2002-input-outputstudy.pdf. 

36 Karl Kim and Makena Coffman, University of 

Hawai‘i at Ma – noa, “Estimating the Impacts of 

Banning Commercial Bottomfish Fishing in the 

Northwestern Hawaiian Islands,” at http://www. 

ecomod.org/files/papers/1692.doc, citing the State 

of Hawai‘i Department of Business, Economic 

Development, and Tourism 2002 Input-Output 

Analysis, at http://www.hawaii.gov/dbedt/info/ 

economic/data_reports/2002_state_io/2002-inputoutput-study.pdf. 




























40 State of Hawai‘i Department of Business, Economic 

Development, and Toursim, 2006 Data Book. 

Due to revisions to the commercial fishing report 

forms in October 2002, licensed commercial 

fishers no longer report ex-vessel landing values. 

The latter information is collected from a fish 

dealer reporting system. The Division of Aquatic 

Resources is developing an application to integrate 

the fishing and fish dealer reporting systems to 

summarize landings with ex-vessel landing value 

information. Therefore, only total landings reported 

by commercial fishers are available at this time; 

at http://www.hawaii.gov/dbedt/info/economic/ 

databook/db2006/section20.pdf. Source: Hawai‘i 

State Department of Land and Natural Resources, 

Division of Aquatic Resources, Commercial Fish 

Landings for Fiscal Year (annual) and records. 

41 Hawai‘i State Department of Land and Natural 

Resources, Division of Aquatic Resources, Commercial 

Fish Landings, State of Hawai‘i for Fiscal Years 

2004-2006 and records. The State of Hawai‘i Data 

Book 2006, at http://www.hawaii.gov/dbedt. 

42 NOAA Fisheries, Office of Science and Technology, 

import/export figures by Honolulu port. Note that 

the search results are considered “true” imports 

and exports; they don’t include trade with the 

Mainland. See http://www.st.nmfs.noaa.gov/st1/ 

trade/index.html. 

43 NOAA, “Seafood Consumption Reaches Record 

Levels in 2004: Americans Eating More Shrimp, 

Fresh and Frozen Seafood,” at http://www. 

noaanews.noaa.gov/stories2005/s2531.htm. 

44 Hawai‘i Aquaculture, at http://www.hawaiiaquaculture.org/q&a.html#10; 

and Wespac, “Hawai‘i 

Seafood Market for Pelagic Fish,” at http://www. 

wpcouncil.org/documents/pel_mrkt.pdf. 

45 U.S. Census 2006 quick facts, at http://quickfacts. 

census.gov/qfd/states/15000.html. Also see, 

http://www.census.gov/PressRelease/www/ 

releases/archives/facts_for_features_special_ 

editions/006587.html. 

46 http://www.hawaiiaquaculture.org/opportunitiesinhawaii.html. 

110

47 Wespac, “Hawai‘i Seafood Market for 

Pelagic Fish,” at http://www.wpcouncil.org/ 

documents/pel_mrkt.pdf. 

48 Minling Pan, PhD, Timothy Ming, Pacific Islands 

Fisheries Science Center, “Imported Tuna and Pilot 

Study on Impact to Hawai‘i Fresh Tuna Market,” 

(2004) at http://www.soest.hawaii.edu/PFRP/ 

dec04mtg/pan_imported_tuna.pdf. 







51 NOAA Fisheries, Office of Science and Technology, 

import/export figures by Honolulu port. Note that 

the search results are considered “true” imports 

and exports; they don’t include trade with the 

mainland. See http://www.st.nmfs.noaa.gov/st1/ 

trade/index.html. 

52 Hawai‘i Aquaculture, at http://www.hawaiiaquaculture.org/q&a.html#10. 

Also see Department 

of Commerce, U.S. Commercial Service, Hawai‘i 

Pacific Export Council, at http://www.hkchcc.org/ 

hawaiipacificdec.htm; and Hawai‘i Department of 

Business, Economic Development, and Tourism, 

Ocean Resources, at (808) 587-2680, email 

seafood@dbedt.hawaii.gov, or http://www.hawaiiseafood.org/exporters.html. 

53 NMFS, Economic Status of U.S. Fisheries 1996, 

“The Western Pacific Regional Report”; and 

Wespac “Hawai‘i Seafood Market for Pelagic Fish,” 

at http://www.wpcouncil.org/documents/ 

pel_mrkt.pdf. 

54 Wespac, http://www.wpcouncil.org/documents/ 

pel_mrkt.pdf 

55 State of Hawai‘i Harbors Division, citing 

MacDonald and Deese, 1994; Lee and Olive, 1994, 

adjusted for commercial harbor industries by SMS 

Research, at http://www.hawaii.gov/dot/harbors/ 

oahu/economic.htm. 

56 Samuel G. Pooley, “Hawai‘i’s Marine Fisheries: 

Some History, Long-term Trends, and Recent 

Developments,” Fisheries Review 55(2) (1993), 

citing L.L. Hudgins, 1980, Economic model of 

fisheries market with endogenous supply: the 

Hawai‘i skipjack tuna case. PhD dissertation, 

Department of Economics, University of Hawai‘i, 

114 p.; R.T.B. Iverson, 1990. Foreign flag fishing 

vessel expenditures in the Port of Honolulu, 

1986-1988, prepared for the State of Hawai‘i 

Department of Business, Economic Development, 

and Tourism, p. 26. 

57 NOAA Aquaculture Program, June 2007, at 

http://aquaculture2007.noaa.gov/pdf/Hawai‘i_ 

June262007.pdf. 

58 Hawai‘i Longline Association, “HLA Shallow-Set 

Longline Testimony,” October 16, 2007, at http:// 

www.hawaiilongline.org/index.php?option=com_ 

content&task=view&id=30&Itemid=51. 

59 U.S. Coast Guard Honolulu information-gathering 

session findings, at http://www.uscg.mil/hq/g-o/ 

gopl/ LMR/OceanG/OG_App_A.pdf. 

60 WESPAC, “Hawai‘i Seafood Market for Pelagic 

Fish,” at http://www.wpcouncil.org/documents/ 

pel_mrkt.pdf. 

61 WESPAC, “Hawai‘i Seafood Market for Pelagic 

Fish,” at http://www.wpcouncil.org/documents/ 

pel_mrkt.pdf. 

62 DBEDT, Seafood Buyers’ Guide,” at http://www. 

hawaii-seafood.org/introduction.htm#. 

63 James Gonser, Honolulu fish auction set to move, 

Honolulu Advertiser, July 6, 2004, at http://the. 

honoluluadvertiser.com/article/2004/Jul/06/ln/ 

ln10a.html. 

64 http://www.hawaii.gov/dbedt/seafood/intro. 

html#buyer; for information on the seasonality of 

landings of particular fish species, see http://www. 

hawaii.gov/dbedt/seafood/table1.htm; for general 

quality criteria, see http://www.state.hi.us/dbedt/ 

seafood/table2.htm. 

65 DBEDT, Seafood Buyers’ Guide,” at http://www. 

hawaii-seafood.org/introduction.htm#. 

66 Wespac “Hawai‘i Seafood Market for Pelagic Fish,” 

at http://www.wpcouncil.org/documents/pel_mrkt. 

pdf. “[W]hen fish are hooked, they are in deeper, 

colder waters and do not struggle as much as fish 

caught by trolling or handlines. Also, by the time 

they arrive in the market, longline-caught tuna 

may have been chilled longer and more 

thoroughly than fish landed by handline and troll 

fishermen. Longlines also tend to catch larger tuna 

than trolling, and size may also affect quality and 

shelf life.” 

67 Wespac, “Hawai‘i Seafood Market for Pelagic Fish,” 

at http://www.wpcouncil.org/documents/pel_mrkt. 

pdf. Also see DBEDT Seafood Buyers Guide at 

http://www.hawaii.gov/dbedt/seafood/table3.htm. 

68 Wespac, “Hawai‘i Pelagic Seafood Market,” at http:// 

www.wpcouncil.org/documents/pel_mrkt.pdf. 

69 Richard Uchida, Review of Fish Handling 

Techniques in Hawai‘i (1982), NOAA/NMFS, at 

http://www.pifsc.noaa.gov/adminrpts/1982/SWFC_ 

Admin_Report_82-11.pdf. 

70 FDA, Dept. of Health and Human Services, letter 

to Mr. Brooks Takenaka, United Fishing Agency, 

September 4, 2003, at http://www.fda.gov/ohrms/ 

dockets/dailys/03/Sept03/091003/99d-0392-pdn0001- 

01- vol2.pdf, citing 21 CFR 10.30(e)(3), Frank, H.A., 

et. al., “Histamine Formation and Honeycombing 

During Decomposition of Skipjack Tuna, Katsuwonuspdamis, 

at Elevated Temperatures,” 1981, Marine 

Fisheries Review 43(10):9-14; and Baranowski, J.D., 

et. al., “Decomposition and Histamine Content in 

Mahimahi (Coryphaena hippurus),” 1990, Journal 

of Food Protection 53(3):217-222), J. Kaneko, 

“Development of a HACCP-based Strategy for the 

Control of Histamine for the Fresh Tuna Industry,” 

a report to NOAA, July 31, 2000, p. 33). 

71 21 CFR Part 123, as provided under the FDA’s 

Seafood HACCP Transition Guidance, December 

1999. “Fish & Fisheries Products Hazards & 

Controls,” offering detailed description of handling 

techniques to prevent histamine development, at 

http://www.fda.gov/ohrms/dockets/dailys/03/ 

Sept03/091003/99d-0392- pdn0001-01-vol2.pdf. 

72 FDA, Dept. of Health and Human Services, letter 

to Mr. Brooks Takenaka, United Fishing Agency, 

September 4, 2003, at http://www.fda.gov/ 

ohrms/dockets/dailys/03/Sept03/091003/99d- 

0392-pdn0001-01- vol2.pdf, citing J. Kaneko, 

“Development of a HACCP-based Strategy for the 

Control of Histamine for the Fresh Tuna Industry,” 

a report to NOAA, July 31, 2000, p. 20. 

73 PacMar Inc., www.pacmarinc.com, (808) 735-2602. 

74 U.S. FDA Bad Bug Book, at http://www.cfsan.fda. 

gov/~mow/chap36.html. 

75 Seafood Safe, at http://www.seaweb.org/resources/ 

aquaculturecenter/pdf/Aquaculture%20Trends%20 

2005%20FINAL.pdf. 

76 http://inouye.senategov/~inouye/02pr/2002 

0716pr1.html. 

77 USDA country of origin labeling regulations, at 

www.ams.usda.gov/cool. 

78 Jennifer Hattam, Sierra Club, Truth in labeling, 

December 2006, at http://www.sierraclub.org/ 

sierra/200611/truth.asp. 

111

79 Hawai‘i International Seafood, Inc., at http://www. 

cryofresh.com/English.htm. 

80 http://seafood.ucdavis.edu/guidelines/grn000015. 

htm; see also Pamela Tom, Sea Grant Extension 

Program, University of California at Davis, for 

Ralph Boragine, Rhode Island Seafood Council, 

to Seafood HACCP list, August 17, 1999, at 

http://listproc.ucdavis.edu/archives/seafood/ 

log9908/0026.html. Also see, June Watanabe, 

Strict rules govern fish preservation,” Honolulu 

Star-Bulletin, June 1, 2006, at http://starbulletin. 

com/2006/06/01/news/kokualine.html. For 

information, contact Hawai‘i Department of Health 

Food and Drug Branch, (808) 586-4725. 

81 Hawai‘i Department of Business, Economic 

Development & Tourism, Ocean Resources Branch, 

Hawaii Seafood Buyers’ Guide, at http://www. 

hawaii.gov/dbedt/seafood. 

82 University of Hawai‘i, College of Tropical 

Agriculture and Human Resources, at http://www. 

ctahr.hawaii.edu/NEW/foodsafety.htm. 

83 Hawai‘i State Department of Health, food safety 

website, at http://www.hawaii.gov/health/healthylifestyles/ 

foodsafety/index.html. 

84 Wespac, http://www.wpcouncil.org/bottomfish/ 

Documents/200705_Closure/Bottomfish%20 

flyer%20cropped.pdf. 

85 NOAA/PIRO, Recreational Fisheries Action Team 

2006 report, at http://www.fpir.noaa.gov/Library/ 

RCF/rcf_hi_rec_fish_action_team_inaug_mtg.pdf. 

86 For information, contact John.M.Ward@noaa.gov; 

see Fed. Reg. Vol. 72, No. 69, p. 18105, at http:// 

a257.g.akamaitech.net/7/257/2422/01jan20071800/ 

edocket.access.gpo.gov/2007/pdf/E7-6751.pdf. 

87 Marine Stewardship Council, FY 2006 annual 

report, at http://www.msc.org/assets/docs/MSC_ 

annual_report_05_06.pdf. 

88 Seafood Choices Alliance, www.seafoodchoices.com. 

89 Ecofish, at www.seafoodsafe.com; also http:// 

www.seaweb.org/resources/aquaculturecenter/pdf/ 

Aquaculture%20Trends%202005%20FINAL.pdf. 

90 EPA, Fish Advisories at http://www.epa.gov/ 

waterscience/fish/guidance.html. 

91 FishWise, www.sustainablefishery.org. 

92 Monterey Bay Aquarium, Seafood Watch, at http:// 

www.mbayaq.org/cr/cr_seafoodwatch/content/ 

media/MBA_SeafoodWatch_HIStripedBlueMarlin- 

Report.pdf. Hawai‘i seafood guide at: http://www. 

montereybayaquarium.org/cr/SeafoodWatch/web/ 

sfw_regional.aspx?region_id=3. 

93 http://www.nmfs.noaa.gov/mediacenter/ 

aquaculture/docs/FAQs_Final_March%2011%20_ 

for%20web.pdf. 

94 http://www.nmfs.noaa.gov/mediacenter/aquaculture. 



for%20web.pdf. See also http://www.lib.noaa.gov/ 

docaqua/frontpage.htm. 


aquaculture/offshore.htm. A 2005 version of the 

aquaculture bill was not acted on by Congress. 

The 2007 bill includes revisions to environmental 

requirements, permitting, the role of the states, and 

research. For information, see www.aquaculture. 

noaa.gov. Updates at http://www.nmfs.noaa.gov/ 

aquaculture/offshore.htm. 


aquaculture/offshore.htm and http://www.nmfs. 

noaa.gov/mediacenter/aquaculture/docs/FAQs_ 

Final_March%2011%20_for%20web.pdf. 










101 NOAA, at www.aquaculture.noaa.gov. 

102 NMFS, at http://www.nmfs.noaa.gov/mediacenter/ 



103 Hawai‘i Aquaculture Development Program, at 

http://www.hawaiiaquaculture.org/opportunitiesinhawaii.html. 











http://www.hawaiiaquaculture.org/q&a.html#10. 









Events&contentID=187. Also see http://www.nass. 

usda.gov/hi/stats/t_of_c.htm. 

107 Hawai‘i Department of Agriculture, Aquaculture 

Development Program, at www.hawaiiaquaculture. 

org/outlook1997.html. Also see Oceanic Institute, 

at www.oceanicinstitute.org, and Hawai‘i Island 

Economic Development Board, “Harvesting 

Hawai‘i’s Aquaculture Industries,” at http://www. 

hiedb.org/column-12042005.html. 

108 National Agriculture Statistics Hawai‘i Field Office, 

at http://www.nass.usda.gov/hi/stats/t_of_c.htm. 

109 ‘It’s a Silicon Valley of Aquaculture,” by Karen 

Stanton for the Associated Press, at http:// 

starbulletin.com/2006/12/12/business/story03.html. 

110 Pacific Business News, 2001. “Big Island 

aquaculture firm receives $1.5 million grant.” 

October 19, 2001. Also see, High Technology 

Development Corporation, at http://www.htdc. 

org/2006annualreport/midstage2.html. 

111 It’s a Silicon Valley of Aquaculture,” by Karen 

Stanton for the Associated Press, at http:// 

starbulletin.com/2006/12/12/business/story03.html. 

112 Honolulu Star Bulletin, 2004, “Kona Fish 

Farm Get $4 Million.” Honolulu Star-Bulletin, 

October 23, 2004. 

113 “Report to the Twenty-Fourth Legislature, State of 

Hawai‘i, 2007 Regular Session: Implementation of 

Chapter 190D, Hawai‘i Revised Statutes, Ocean 

and Submerged Lands Leasing,” prepared by the 

Department of Agriculture and the Department of 

Land and Natural Resources, November 2006. 

114 Aquaculture in Hawai‘i: Outlook for the Next 

Decade, Hawai‘i Department of Agriculture, 

Aquaculture Development Program, at http://www. 

hawaiiaquaculture.org/outlook1997.html. 


www.hawaiiaquaculture.org. 

116 116 J.A. Wyban and C. Arki Wyban, “Aquaculture 

in Hawai‘i: Past, Present, and Future” in Advances 

112

in Tropical Aquaculture, Tahiti, Feb 20 - March 4. 

7989. AQUACOP IFREMER Actes de Colloque 9 pp 

3743; available at http://www.ifremer.fr/docelec/ 

doc/1989/acte-1497.pdf. 

117 Hawai‘i Department of Agriculture, Aquaculture 

Development Program, at www.hawaiiaquaculture. 

org/outlook1997.html. 







119 Id., p. 7. 

120 Friends of NELHA, at http://www.keaholepoint. 

org/commercial.html. 

121 Oceanic Institute, “Oyster producer will 

join NELHA,” press release at http://www. 





















125 HRS 190D-3. 

126 HRS §187A-3.5, HAR §13-74-43. 

127 HRS § 190D-24. 

128 HRS § 190D-33. 

129 HRS § 219. 




131 For discussion on the 2005 aquaculture bill, much 

of it applicable to the 2007 version, see “Analyzing 

the Administration’s Ocean Fish Farming Legislation,” 

by Mitchell Shapson for Fishermen’s News, August 

2005, Pacific Coast Federation of Fishermen’s 

Associations, at http://www.pcffa.org/fn-aug05.htm. 

132 “A Fishery Agenda for the 109th Congress,” by 

Zeke Grader, Pietro Parravano and Glen Spain 

for the Pacific Coast Federation of Fishermen’s 

Associations. February 2005, at http://www.pcffa. 

org/fn-feb05.htm. 

133 “Statement in Response to the Bush Administration’s 

National Aquaculture Policy,” by 

Christopher Mann, at http://news.yahoo. 

com/s/usnw/20070312/pl_usnw/statement_in_ 

response_to_the_bush_administration_s_national_ 

aquaculture_policy&printer=1;_ylt=Aq.o3x4YhOT- 

PIjHoIVeyuk8JKekE. For further information, 

contact: Justin Kenney of Pew Charitable Trusts, 

jkenney@pewtrusts.org, (215) 575-4816. 

134 U.S. Department of the Interior, Fish and Wildlife 

Service, and U.S. Department of Commerce, 

Bureau of the Census, “2006 National Survey 

of Fishing, Hunting, and Wildlife-Associated 

Recreation: Hawai‘i.” Numbers are rounded. 

135 Personal communication from the National Marine 

Fisheries Service, Fisheries Statistics Division, at 

http://www.st.nmfs.gov/st1/recreational/queries/ 

index.html. 

136 Kitty Simonds, Wespac executive director, 

Managing Marine Fisheries of Hawai‘i and the 

U.S. Pacific Islands – Past, Present, and Future, 

p. 1, at http://wpcouncil.org/documents/WPRFMC- 

Document/WPRFCBrochure.pdf, p. 7. 

137 Magnuson-Stevens Reauthorization Act 2006, 16 

U.S.C. 1881 § 401(g). 

138 “The 1996 Economic Impact of Sport Fishing in 

Hawai‘i,” prepared by Vishwanie Maharaj and 

Janet E. Carpenter for the American Sportfishing 

Association, at http://www.pifsc.noaa.gov/fmsd/ 

hdrp/lits/Maharaj%20&%20Carpenter_1996.pdf. 

139 “The 1996 Economic Impact of Sport Fishing in 

Hawai‘i,” prepared by Vishwanie Maharaj and 

Janet E. Carpenter for the American Sportfishing 

Association, page 10, at http://www.pifsc. 

noaa.gov/fmsd/hdrp/lits/Maharaj%20&%20 

Carpenter_1996.pdf. 

140 HMRFS newsletter, final 10/04/06 at http://www. 

fpir.noaa.gov/Library/RCF/rcf_hmrfs_newsletter_ 

final_100406.pdf. 

141 HMRFS newsletter, final 10/04/06 at http://www. 

fpir.noaa.gov/Library/RCF/rcf_hmrfs_newsletter_ 

final_100406.pdf. 

142 March 2007 report by DAR to the 137th WPRFMC 

meeting; agenda item 4C. 

143 Wespac, “The Value of Fisheries in the Western 

Pacific Fishery Management Council’s Area,”(1999) p.4, 

at http://www.wpcouncil.org/documents/value.pdf 

144 Id. 

145 J.M. O’Malley and E.W. Glazier, “Motivations, 

Satisfaction, and Expenditures of Recreational 

Pelagic Charter Fishing Patrons in Hawai‘i,” (2001), 

Table 13, page 23, at http://www.pifsc.noaa.gov/ 

fmsd/hdrp/lits/PDFs/O’MalleyGlazier2001.pdf. 

146 http://www.hvcb.org/trends/documents/ 

TIU06-03ChangingVisitorAnalysis.xls. 

147 2005 DBEDT Visitors Activity and Satisfaction 

Report, at http://www.Hawaii.gov/dbedt/info/ 

visitorstats/ vsat/2005-vsat-final.pdf. 

148 Minling Pan, Adam Griesemer, Rusyan Jill 

Mamiit, “Economic Assessment of Open Fishing 

Tournaments in Hawai‘i,” Pelagic Fisheries 

Research Program, June 2006 newsletter, at 

http://www.soest.hawaii.edu/PFRP/newsletters/ 

Apr-June2006.pdf. 

149 Jennifer Schultz, Joseph O’Malley, Adam 

Griesemer, Daniel Curran, Paul Dalzell, “Pelagic 

Tournaments and Clubs in Hawai‘i,” (2003), at 

http://www.soest.Hawaii.edu/PFRP/soest_jimar_ 

rpts/schultz_fishing_clubs.pdf. 

150 Jennifer Schultz, Joseph O’Malley, Adam 

Griesemer, Daniel Curran, Paul Dalzell, “Pelagic 

Tournaments and Clubs in Hawai‘i,” (2003), at 

http://www.soest.Hawaii.edu/PFRP/soest_jimar_ 

rpts/schultz_fishing_clubs.pdf, p. 33. 

151 Hawaiian International Billfish Tournament, www. 

hibtfishing.com. 

152 www.igfa.org/rulebook/rules.pdf. 


Managing Marine Fisheries of Hawai‘i and the U.S. 

Pacific Islands – Past, Present, and Future, p. 1, 

at http://wpcouncil.org/documents/WPRFMC- 

Document/WPRFCBrochure.pdf. 


Managing Marine Fisheries of Hawai‘i and the U.S. 

Pacific Islands – Past, Present, and Future, p. 1, 

at http://wpcouncil.org/documents/WPRFMC- 

Document/WPRFCBrochure.pdf. 

113

155 Magnuson-Stevens Fishery Conservation and 

Management Reauthorization Act, Pub. L. No. 

104-297(34). (The terms “overfishing” and 

“overfished” mean a rate or level of fishing 

mortality that jeopardizes the capacity of a fishery 

to produce the maximum sustainable yield on a 

continuing basis.) 

156 William Robinson, Regional Administrator, NMFS 

Pacific Islands Regional Office, Honolulu, and 

Samuel G. Pooley, Director, Pacific Islands 

Fisheries Science Center, Honolulu, Fourth-Quarter 

2006 Status of Stocks Update. (Stocks for which 

there are Wespac FMPs, but are not listed on 

the federal FSSI: black marlin, pomfrets, sailfish, 

longfin mako shark, silky shark, oceanic 

whitetip shark, salmon shark, other tuna relatives, 

oilfish, lobster, Kona crab, and black and other 

precious corals.) 

157 William Robinson, Regional Administrator, NMFS 

Pacific Islands Regional Office, Honolulu, and 

Samuel G. Pooley, Director, Pacific Islands 

Fisheries Science Center, Honolulu, Fourth-Quarter, 

2006 Status of Stocks Update. (The Coral Reef 

Ecosystems of the Western Pacific Region complex 

contains up to 146 “currently harvested coral reef 

taxa” and innumerable “potentially harvested coral 

reef taxa.”) 

158 NOAA/NMFS Fish Stock Sustainability Index, at 

http://www.nmfs.noaa.gov/sfa/domes_fish/Status 

oFisheries/2006/3rdQuarter/Q3-2006-FSSIDescription.pdf. 

(The federal Fish Stock Sustainability 

Index (FSSI) includes 230 fish stocks selected 

for their importance to commercial and 

recreational fisheries.) 

159 DAR commercial marine landings summary 

(2004), at http://www.hawaii.gov/dlnr/dar/pubs/ 

cmlstr2004.pdf. 

160 Ecosystem Principles Advisory Panel, Ecosystem- 

Based Fishery Management, Report to Congress 

(Nov. 15, 1998) at http://www.nmfs.noaa.gov/sfa/ 

EPAPrpt.pdf, p. 7. 

161 Richard Hildreth, University of Hawai‘i/William S. 

Richardson School of Law, Domestic Ocean and 

Coastal Law, 2007, notes on file with author. 

162 NMFS, Western Pacific essential fish habitat 

information, at http://www.nmfs.noaa.gov/habitat/ 

habitatprotection/profile/westernpacificcouncil.htm. 

163 Joseph Kalo, Richard Hildreth, Alison Rieser, 

Donna Christie, Coastal and Ocean Law, p. 535 

(Thomson/West 2007), p. 535. Also see, Ecosystem 

Principles Advisory Panel, Ecosystem-Based 

Fishery Management, A Report to Congress, Nov. 

15, 1998; M. Macpherson, Integrating Ecosystem 

Management Approaches into Federal Fishery 

Management through the Magnuson-Stevens 

Fishery Conservation and Management Act, 6 

Ocean & Coastal L.J. 1 (2001). 

164 Ecosystem Principles Advisory Panel, Ecosystem- 

Based Fishery Management, A Report to Congress, 

p. 9Nov. 15, 1998. 

165 Id. 


Management Reauthorization Act, Pub. L. No. 

109-479 § 406(f). 

167 Id. 

168 Executive Order 13178, December 2000. 

169 NMFS Pacific Islands Regional Office, Status of 

Regulatory Actions, as of February 27, 2007. 

170 Wespac, “Hawai‘i Archipelago Fishery Ecosystem 

Plan,” December 1, 2005, at http://wpcouncil.org/ 

documents/FEPs/HawaiiFEP/December12005HawaiiFEP.pdf. 

See also Pacific Islands Regional 

Office, Status of Regulatory Actions, as of February 

27, 2007. 

171 NOAA Fisheries Service, Pacific Islands Fisheries 

Science Center, Report to Wespac, February 2007; 

www.pifsc.noaa.gov; (808) 983-5303. 

172 Id. 

173 Id. 

174 Id. 

175 Presidential Proclamation No 8031; see http:// 

sanctuaries.noaa.gov/sos2006/nwhi.html. 

176 Wespac, “Options to Revise the Permit Applicability 

and Geographic Boundary of the Northwestern 

Hawaiian Islands Bottomfish Limited Access 

Program,” February 14, 2007, citing Pan and 

Griesemer, 2006. 

177 Tara Godvin, “Fishers to lose ‘exciting’ livelihood,” 

Honolulu Advertiser, March 6, 2007. 

178 Wespac, “Options to End Overfishing in the Hawai‘i 

Bottomfish Fishery,” (Draft), February 19, 2007. 

179 Wespac, “Options to Revise the Permit Applicability 

and Geographic Boundary of the Northwestern 

Hawaiian Islands Bottomfish Limited Access 

Program,” February 14, 2007, citing Pan and 

Griesemer, 2006. 

180 Division of Aquatic Resources, Report to the 

24th Legislature, State of Hawai‘i, 2007 Regular 

Session, at http://www.hawaii.gov/dlnr/dar/pubs/ 

ar_act160_2006.pdf. 

181 H.R.S. § 190D. 

182 Marine Life Conservation Districts, at /www.hawaii. 

gov/dlnr/dar/mlcd/index.htm. 

183 Fish Habitat Utilization Patterns and Evaluation of 

the Efficacy of Marine Protected Areas in Hawai‘i: 

Integration of NOAA Digital Benthic Habitat 

Mapping and Coral Reef Ecological Studies, at 

http://www.ccma.nos.noaa.gov/publications/ 

NCCOSTm23.pdf; see also Press Release, Bob 

Sherman, NOAA, “NOAA study finds Hawaiian 

Marine Life Conservation Districts provide 

protection for fish populations,” March 14, 2007. 

184 State of Hawai‘i Fish Aggregation Device Program, 

at www.hawaii.edu/HIMB/FADS. 

185 Id. 

186 Id. 

187 Hawai‘i Stock Management Program, 

at http://www.oceanicinstitute.org/nav 

php?loc=Research&page=Hawaii_Stock. 

188 Id. 

189 Id. 

190 DAR report to Wespac March 2007 meeting; 

agenda item No. 4C. 

191 Id. 

192 Anuenue Fisheries Research Center, at http://www. 

hawaii.gov/dlnr/dar/library/afrc.htm. 

193 Id. 

194 Alan Friedlander, Bob Endreson, William Aila, 

Linda Paul, Pacific Fisheries Coalition whitepaper, 

The Status of Hawai‘i’s Living Marine Resources 

at the Millennium, at http://www.pacfish.org/ 

wpapers/fishstatus.html. 



196 Edwin Ebisui Jr., phone interview, April 20, 2007. 


Linda Paul, with the assistance of DAR, Pacific 

Fisheries Coalition whitepaper, The Status 

of Hawai‘i’s Living Marine Resources at the 

Millennium (2002), at http://www.pacfish.org/ 

wpapers/fishstatus.html. 

114

198 Pub. L. No. 104-297 § 2. 

199 NOAA, “NOAA releases annual status of U.S. 

fisheries report for 2006,” press release, June 

22, 2007, at http://www.publicaffairs.noaa.gov/ 

releases2007/jun07/noaa07-r117.html. 

200 50 CFR Part 660 (2003). 

201 Letter from M.S. Young, Acting Chief, U.S. Coast 

Guard Enforcement Branch, Honolulu, to Sean 

Martin, chair Wespac, March 5, 2007, regarding 

options for ending bottomfish overfishing in the 

MHI. 

202 Id. 

203 Id. 

204 M. Lack, Catching on? Trade-related Measures as 

a Fisheries Management Tool (2007), a Traffic 

Report, at http://assets.panda.org/downloads/ 

trade_fisheries.pdf. 

205 Id. note 71. 

206 The MRFSS uses fisher intercept and randomaccess 

telephone survey techniques. See www. 

st.nmfs.gov/st1/recreational/overview/overview. 

html and www.psmfc.org/recfin/mrfsswp.htm. 

207 Public Scoping: Guidance for Annual Catch Limits 

and Accountability Measures, requirements of the 

Magnuson-Stevens Reauthorization Act of 2006. 

NMFS presentation to Wespac, March 2007. 

208 Bob Endreson, William Aila, Linda Paul, Fishery 

Management Methods: Are Sustainable Fisheries 

Possible? (2002), a Pacific Fisheries Coalition 

whitepaper, at http://www.pacfish.org/wpapers/ 

fishmgt.html. 

209 Paul Dalzell for Gerard DiNardo, Western Pacific 

Stock Assessment Review Process, Wespac March 

2007. (Reviews are conducted through Center for 

Independent Experts at the University of Miami. 

Using the CIE process is much less costly for the 

Wespac as it has financial support from the NMFS 

Office of Science and Technology, but involves 

little input from the Wespac.) See http://www. 

rsmas.miami.edu/groups/cie. Wespac Science and 

Statistical Committee, Report to the Council from 

the 94th Meeting of the Scientific and Statistical 

Committee, February 2007. (Wespac’s SSC recommends 

the WPSAR process, with the option that a stock 

assessment can be sent to the CIE for review.) 

210 NOAA Southeast Fisheries Science Center, 

Southeast Data, Assessment, and Review, at http:// 

www.sefsc.noaa.gov/sedar. 

211 Wespac March 2007 council meeting; general 

discussion among members. 

212 The term ‘limited access privilege’– (A) means a 

Federal permit, issued as part of a limited access 

system under section 303A to harvest a quantity 

of fish expressed by a unit or units representing a 

portion of the total allowable catch of the fishery 

that may be received or held for exclusive use by 

a person; and (B) includes an individual fishing 

quota; but (C) does not include community 

development quotas as described in section 305(i). 

Magnuson-Stevens Fishery Conservation and 

Management Act, Public Law 94-265, as amended 

by the Magnuson-Stevens Fishery Conservation and 

Management Act (2006), 16 U.S.C. 1802 § 3. 

213 White House press release: “Magnuson-Stevens 

Fishery Conservation and Management Act,” 

January 12, 2007, at http://www.whitehouse.gov/ 

news/releases/2007/01/20070112-1.html. 

214 H.R.S. §§ 189-2, 189-3. 

215 Peter Young, State Is Denying License Renewals for 

Delinquent Commercial Fisheries, Hawai‘i Reporter, 

Nov. 16, 2005, at http://www.hawaiireporter.com/ 

story.aspx?3796d284-1908-41d9-951e-5ce313bec112. 

216 Haw. Rev. Stat. § 189-10. 

217 Bob Endreson, William Aila, Linda Paul, Fishery 

Management Methods: Are Sustainable Fisheries 

Possible? (2002), a Pacific Fisheries Coalition 

whitepaper, at http://www.pacfish.org/wpapers/ 

fishmgt.html. 


Management Reauthorization Act 2006, Pub. L. No. 

109-479, 16 U.S.C. 1881 § 401(g). 

219 Email information from DAR, Reginald Kokubun, 

March 23, 2007; on file with author. 

220 NOAA published a notice of intent to prepare 

an Environmental Impact Statement (EIS) guide 

regarding development of ACLs and AMs, 72 Fed. 

Reg. 7016 (Feb. 2007). NOAA/NMFS, Annual Catch 

Limits and Accountability Measures: Requirements 

of the 2006 Amendments to the Magnuson-Stevens 

Act. See www.nmfs.noaa.gov/msa2007. Magnuson- 

Stevens Fishery Conservation and Management 

Reauthorization Act 2006, Pub. L. No. 109-479 § 

104(a) and (b). 

221 MSA § 302(h)(6) as amended by MSRA § 103(c)(3). 

See White House press release: “Magnuson-Stevens 

Fishery Conservation and Management Act,” 

January 12, 2007, at http://www.whitehouse.gov/ 

news/releases/2007/01/20070112-1.html. 

222 Edwin Ebisui, Jr., Wespac councilmember, via 

email, April 24, 2007. 

223 NMFS presentation to Wespac, Public Scoping: 

Guidance for Annual Catch Limits and Accountability 

Measures, requirements of the Magnuson- 

Stevens Reauthorization Act of 2006, March 2007. 




options for ending bottomfish overfishing in the MHI. 


Management Act, Pelagic Fishery Management Plan 

(required by the biological opinion and incidental 

take statement, Section 7 consultation under the 

Endangered Species Act), at http://www.st.nmfs. 

noaa.gov/st4/nop/regions/hawaii_swordfish.html. 

226 Id. 






noaa.gov/st4/nop/regions/hawaii_tuna.html. 






noaa.gov/st4/nop/regions/hawaii_bottomfish.html. 

229 U.S. Coast Guard, Fourteenth Coast Guard District, 

Honolulu, Hawai‘i; (808) 541-2040. 

230 NMFS/PID Office of Law Enforcement, Honolulu, 

Hawai‘i, (808) 203-2500. 

231 NOAA Office of the General Counsel, Southwest 

Regional Office, Long Beach, California; (562) 

980-4069. 

232 NOAA/NMFS Pacific Islands Division Office of Law 

Enforcement, Honolulu, Hawai‘i, (808) 541-2727. 

233 DLNR Division of Conservation and Resource 

Enforcement, at http://www.hawaii.gov/dlnr/dcre/ 

dcre.html. 

234 Letter from M.S. Young, Acting Chief, U.S. Coast Guard 

Enforcement Branch, Honolulu, to Sean Martin, 

chair Wespac, March 5, 2007, regarding options for 

ending bottomfish overfishing in the MHI, p. 4. 

115

235 Id. 

236 d. 

237 Id. 

238 Id. 

239 Authorized use of and access to VMS data is 

governed by the Magnuson-Stevens Act, 50 CFR 

600.405- 425; also see NOAA Administrative Order 

216-100. 

240 NMFS Policy Directive 06-101, June 17, 2006: VMS 

Data Access and Dissemination Policy, at www. 

nmfs.noaa.gov/directives. VMS data is subject to 

the confidentiality provisions of the Magnuson- 

Stevens Act, § 402(b); see also NOAA Administrative 

Order 216-100. 

241 Id. 

242 Id. 

243 Id. 

244 NOAA/NMFS Pacific Islands Division letter to 

Eric Kingma, Wespac, March 1, 2007, regarding 

enforcement issues with the various options to end 

overfishing in the MHI. 

245 Eric Kingma, Report on the Small Vessel Tracking 

System Pilot Project, Wespac meeting, March 2007. 

246 Id. 

247 Id. 




options for ending bottomfish overfishing in the 

MHI. 

249 Wespac March 2007 council meeting, general 

comments by councilmembers. 

250 Id. 

251 NOAA Fisheries Service/PIRO report to the 

Wespac, February 2007, p. 8 

252 NMFS Pacific Islands Regional Office, Pacific 

Islands Region Bycatch Reduction Implementation 

Plan FY04-FY05, p. 17, at http://www.nmfs.noaa. 

gov/by_catch/PIRfinal_bycatchplanII.pdf; and 

citing Magnuson- Stevens Act Definitions and 

Required Provisions. See Wespac, Amendment 

6 to the Bottomfish and Seamount Groundfish 

Fisheries Management Plan; Amendment 8 to the 

Pelagic Fisheries Management Plan; Amendment 

10 to the Crustaceans Fisheries Management Plan; 

Amendment 4 to the Precious Corals Fisheries 

Management Plan, www.wpcouncil.org; also see 

NOAA/NMFS, Managing the Nation’s Bycatch 

(1998) and Evaluating Bycatch: a National 

Approach to Standardized Bycatch Monitoring 

Programs ( 2003). 

253 Endangered Species Act, 16 U.S.C. 1531, et seq. 

(1973), at http://www.fws.gov/endangered/esaall. 

pdf or http://www.fws.gov/endangered/esa.html. 

254 Marine Mammal Protection Act, 16 U.S.C. 1361, 

et seq. (1972), at http://www.fws.gov/laws/laws_ 

digest//marmam.html. 

255 Migratory Bird Treaty Act, 16 U.S.C. 703, et seq. 

(1918), at http://www.fws.gov/laws/laws_digest// 

migtrea.html. 

256 NOAA, Marine Mammal Species under the ESA, 

at http://www.nmfs.noaa.gov/pr/species/esa/ 

mammals.htm. 



Plan FY04-FY05, p. 9. 

258 Wespac, Side Setting: A Win-Win for Hawai‘i’s 

Longline Fishery, Pacific Islands Fishery News, Fall 

2006, p. 2. 

259 Id. 

260 Id. 

261 Id. 

262 Bob Endreson, William Aila, Linda Paul, with the 

assistance of Hawai‘i DAR, Destructive Fishing 

Methods: Lay Gillnets (2002), a Pacific Fisheries 

Coalition whitepaper, at http://www.pacfish.org/ 

wpapers/gillnets.html. 



commercial/landings/gc_runc.html. Also see David 

C. Hamm, Nathan T. S. Chan, and Craig J. Graham, 

“Fisheries Statistics of the Western Pacific (2005),” 

Pacific Islands Fish. Sci. Cent., Natl. Mar. Fish. 

Serv., NOAA, Honolulu, HI 96822-2396. Pacific 

Islands Fish. Sci. Cent. Admin. Rep. H- 07-03, 

at http://www.pifsc.noaa.gov/adminrpts/2000- 

present/PIFSC_Admin_Rep_07-03.pdf, p. 155. 

264 Joseph M. O’Malley and Samuel G. Pooley, 

“Economic and Operational Characteristics of the 

Hawai‘i-Based Longline Fleet in 2000,” at http:// 

www.nmfs.hawaii.edu/library/pubs/OMalley_ 

Pooley_SOEST_03-01.pdf, pp. 5-14, citing Ito and 

Machado, 2001. 

265 The Value of the Fisheries in the Western Pacific 

Fisheries Management Council’s Area (1999), at 

www.wpcouncil.org; also see Hawai‘i Seafood 

Market for Pelagic Fish, at http://www.wpcouncil. 

org/documents/pel_mrkt.pdf. 


“Managing Marine Fisheries of Hawai‘i and the U.S. 

Pacific Islands – 

Past, Present, and Future,” p. 2. 



Pacific Islands – Past, Present, and Future,” p. 6. 

268 DLNR/DAR, Hawai‘i Fisheries Plan (1985). 



Developments,” Fisheries Review 55(2) (1993). 

270 Wespac “The Value of the Fisheries in the Western 

Pacific Fisheries Management Council’s Area” 

(1999), at www.wpcouncil.org. 



Developments,” Fisheries Review 55(2) (1993). 





273 PIFSC, Hawai‘i-based longline logbook summary 

report, October-December 2006; see www.pifsc. 

noaa.gov/fmsd/reports.php. 





275 NOAA/NMFS Office of Science and Technology, 

Fisheries Statistics Division, at http://www.st.nmfs. 

gov/st1/index.html. 

276 Cai, PingSun Leung, Minling Pan, Sam Pooley, 

“Economic Linkage Impacts of Hawai‘i’s Longline 

Fishing Regulations,” (2004), citing Center of 

Marine Conservation v. NMFS (D.Haw) Civ. No. 

99-00152 DAE. See also Will Hoover, “Longliners 

set to resume fishing: New rules may test fleet’s 

ability to prosper,” Honolulu Advertiser, 

March 14, 2004. 





116

278 Consolidated Appropriations Act, Publ L. No. 

106-554, App. D, § 208, 114 Stat. 2763A-176 (2000). 

279 Cai, PingSun Leung, Minling Pan, Sam Pooley, 

“Economic Linkage Impacts of Hawai‘i’s Longline 

Fishing Regulations,” (2004). 

280 50 CFR 665.33; there is an annual limit of 

interactions with leatherback turtles (16) and 

loggerhead turtles (17) for the Hawai‘i shallow-set 

longline fleet. Once the limit has been reached, the 

shallow-set longliners are prohibited from fishing 

north of the equator for the remainder of the year. 

See http://www.fpir.noaa.gov/SFD/SFD_turtleint.html. 

281 Minling Pan and Timothy Ming, NMFS/PIRO, 

economic study on the 2006 closure of the longline 

fishery is ongoing; Feb. 21, 2007, email communication 

between M. Pan and author. 

282 Junning Cai, PingSun Leung, Minling Pan, Sam 

Pooley, “Economic Linkage Impacts of Hawai‘i’s 

Longline Fishing Regulations,” Fisheries Research 

74 (2005) 232-242. 

283 John Kaneko, Paul Bartram, “Evaluating Environmental 

Baggage: Market-Transferred Effects 

When Fresh Pelagic Fish Imports Replace Hawai‘i 

Longline Production,” at http://www.soest.hawaii. 

edu/PFRP/dec02mtg/kaneko_bartram.pdf. 

284 Eric Gilman, et al. “Shark Depredation and 

Unwanted Bycatch in Pelagic Longline Fisheries: 

Industry Practices and Attitudes, and Shark 

Avoidance Strategies,” (2007). 




Past, Present, and Future,” p. 8; see U.S. Shark 

Finning Prohibition Act, §§ 7(3) and 7(8) for fishing 

gear and practices that reduce incidental catch and 

bycatch mortality of sharks. 

286 Eric Gilman, et al. “Shark Depredation and 

Unwanted Bycatch in Pelagic Longline Fisheries: 

Industry Practices and Attitudes, and Shark 

Avoidance Strategies,” (2007). 

287 P. Bartram, J. Kaneko, G. Krasnick, PacMar, Inc., 

“Responsible Fisheries Assessment of Hawai‘i’s 

Pelagic Longline Fisheries,” Hawai‘i Seafood 

Project, NOAA Award No. NA05NMF451112 (2006). 

288 NOAA, Large Marine Ecosystems, at http://celebrating200years.noaa.gov/breakthroughs/ecosystems/ 

sup_lmes_map.html#. 

289 Fen Montaigne, “Still Waters: The Global Fish 

Crisis,” National Geographic, April 2007, p. 48. 

290 PIFSC, The Hawai‘i-based longline logbook 

summary report, October-December 2006, also 

available at ww.pifsc.noaa.gov/fmsd/reports.php. 



Plan FY04-FY05, p. 8. 

292 Richard G. Hildreth, M. Casey Jarman, Maggie 

Langlas, Roles for a Precautionary Approach in U.S. 

Marine Resources Management, Nat. Res. & Env., 

Summer 2004. 

293 Id., citing Greenpeace Foundation v. Mineta, 122 

F. Supp. 2d 1123 (D.Haw. 2000), Leatherback Sea 

Turtle v. NMFS, No. 99-00152 DAE (D. Haw. Oct. 

18, 1999), and Palila v. Hawai‘i DLNR, 73 F. Supp. 

2d 1181 (D. Haw. 1999). 

294 Wespac “The Value of the Fisheries in the Western 

Pacific Fisheries Management Council’s Area” 

(1999), at www.wpcouncil.org, citing Lawson, T. 

[ed.] 1995. SPC Tuna Fishery Yearbook, 1994. South 

Pacific Commission, Noumea, New Caledonia, p. 77. 

295 Wespac, “133rd Council Recommends Reduction of 

Tuna Harvests,” Pacific Island Fishery News, Fall 2006. 

296 Wespac, “Pacific Scientist Review Pelagic Stock Assessments,” 

Pacific Island Fishery News, Fall 2006, p. 9. 

297 Wespac Science and Statistical Committee, “International 

and Pelagic Fisheries Standing Committee 

Report,” SSC recommendations, March 2007. 

298 William Hogarth, “Bill’s Corner,” December 2006, at 

http://www.fishpolitics.com/forum/archive/index. 

php/t-1380.html. 

299 Wespac, “Hawai‘i Pelagic Seafood Market,” at 

http://www.wpcouncil.org/documents/pel_mrkt. 

pdf. See also Wespac “The Value of the Fisheries in 

the Western Pacific Fisheries Management Council’s 

Area” (1999), at www.wpcouncil.org. 

300 NOAA/NMFS, 2005 Status of Fisheries. For 

Hawaiian fish names, see http://www.st.nmfs.gov/ 

st1/recreational/documents/local%20fish%20names/ 

local%20names%20hawaii.txt. 

301 Wespac “Bottomfish Profile,” at www.wpcouncil. 

org/bottomfish. 

302 Wespac, “Bottomfish Profile,” (2003), www. 

wpcouncil.org/bottomfish. 

303 Hawai‘i DAR, “Bottomfish Management Measures,” 

citing Western Pacific Regional Fishery Management 

Council. “Bottomfish and Seamount Groundfish 

Fisheries of the Western Pacific Region: 2000 

Annual Report and 2001 draft annual report (R. 

Moffitt and S. Pooley, NMFS, pers. comm. 2002). 


Hogarth, Assistant Administrator of Fisheries, 

NOAA/NMFS. February 28, 2007. 

305 Hawai‘i/DAR Bottomfish Management Measures. 

http://www.hawaii.gov/dlnr/dar/bottomfish/index.htm. 

306 Wespac, “Options to End Overfishing in the 

Hawai‘i Bottomfish Fishery,” p.3, (draft), February 

19, 2007. 



NOAA/NMFS. February 28, 2007. Wespac’s 

contingency plan was to prohibit bottomfishing at 

Penguin and Middle banks. 

308 See DLNR, “Overview of bottomfish regulatory 

requirements,” at www.hawaii.gov/dlnr/dar/ 

bottomfish/index.htm. 

309 Currently, 3,600 Hawai‘i vessels are registered for 

bottomfishing, according to a letter from Wespac 

Chair Sean Martin to Dr. Bill Hogarth, Assistant 

Administrator of Fisheries, NOAA/NMFS. February 

28, 2007. 

310 H.A.R. 13-94-1 to 13-94-10. 




312 Hawai‘i/DAR Bottomfish Management Measures, 

at http://www.hawaii.gov/dlnr/dar/bottomfish/ 

index.htm. 

313 NOAA/NMFS Pacific Islands Division letter to 

Eric Kingma, Wespac, March 1, 2007, regarding 

enforcement issues with the various options to end 

overfishing in the MHI. 




options for ending bottomfish overfishing in the MHI. 






NOAA/NMFS. February 28, 2007, citing 70 FR 

34452 (June 14, 2005). 



117

318 Councilmember comments at the March 2007 

Wespac meeting regarding agenda item: Evaluating 

the impacts of bottomfish restricted fishing areas in 

the Main Hawaiian Islands. 

319 Wespac, “Options to End Overfishing in the 

Hawai‘i Bottomfish Fishery,” (Draft), February 19, 

2007; and Letter from Wespac Chair Sean Martin 

to Dr. Bill Hogarth, Assistant Administrator of 

Fisheries, NOAA/NMFS. February 28, 2007. 

320 Councilmember comments at the March 2007 

Wespac meeting regarding agenda item: Evaluating 

the impacts of bottomfish restricted fishing areas in 

the Main Hawaiian Islands. 

321 Wespac, “Federal Managers to Consider 

Long-Term Measures for Bottomfish in the 

Main Hawaiian Islands and other U.S. Pacific 

Island Fishery Issues,” press release, June 18, 

2007, at http://wpcouncil.org/press/2007.06.18_ 

PRESSRELEASE_138CMpre.pdf. 



323 Diana Leone, “A campaign to protect coral reefs,” 

Honolulu Star Bulletin, June 15, 2004, at http:// 

starbulletin.com/2004/06/15/news/story3.html. 

324 Hawai‘i Coral Reef Initiative Program, at http:// 

www.coralreefnetwork.com/network/hcri.htm. 

325 Howard Dicus, Pacific Business News, 

“Hawai‘i adds to aquaculture’s billion-dollar 




326 DAR, Reginald Kokubun, via email communication 

with author. March 23, 2007. 

327 State of Hawai‘i, at http://www.hawaii.gov/ 

dbedt/info/economic/library/facts/hawaiicounty/ 

view?searchterm=commercial%20fishing. 

328 Act 306, Session Laws of Hawai‘i, 1998. 

329 West Hawai‘i Aquarium Project, Impacts of 

Aquarium Fish Collecting and the Effectiveness of 

Marine Protected Areas in Hawai‘i, at http://www. 

coralreefnetwork.com/kona/overview.htm. 

330 A Report on the Findings and Recommendations 

of the West Hawai‘i Regional Fishery Management 

Area, at http://www.coralreefnetwork.com/kona/ 

FRA%205%20yr.%20Report%20to%20Legislature.pdf. 

331 8338 Federal Register / Vol. 69, No. 36 / Tuesday, 

February 24, 2004; see http://www.wpcouncil. 

org/precious/Documents/FMP/Amendment5-FR- 

FinalRule.pdf. 

332 DLNR/DAR, Hawai‘i Fisheries Plan 1985, p. 6. 

333 Wespac FMP for precious corals, at http://www. 

wpcouncil.org/precious.htm; see also NMFS 

Pacific Islands Regional Office, Pacific Islands 

Region Bycatch Reduction Implementation Plan 

FY04-FY05, p. 15. 

334 NMFS Statistics Division at http://www.st.nmfs.gov/ 

st1/index.html and DLNR/DAR Commercial Marine 

Landing Summary Report, at http://www.hawaii. 

gov/dlnr/dar/pubs/cmlstr2004.pdf. 

335 DAR, at http://www.hawaii.gov/dlnr/dar/pubs/ 

sawcs/mi_blackcorals.pdf. 

336 http://wpcouncil.org/precious/Documents/ 

Carijoa%20Report.pdf. 

337 NMFS Statistics Division at http://www.st.nmfs.gov/ 

st1/index.html . 

338 Kevin Kelly, Andrea Messer, Main Hawaiian Island 

Lobsters: Commercial Catch and Dealer Data 

Analysis 1984-2004 (2005), for Wespac and DAR, 

at http://wpcouncil.org/crustaceans/Documents/ 

MHI%20Lobster%20Project.pdf. 

339 Kevin Kelly, Andrea Messer, Main Hawaiian Island 

Lobsters: Commercial Catch and Dealer Data 

Analysis 1984-2004 (2005), for Wespac and DAR, 

pp. 4-6, at http://wpcouncil.org/crustaceans/ 

Documents/MHI%20Lobster%20Project.pdf. 

340 Wespac Crustaceans FMP information, at http:// 

www.wpcouncil.org/documents/WPRFMC- 

Document/4.3- CrustaceanFisheries.pdf. 

341 NMFS Statistics Division, at http://www.st.nmfs. 

gov/st1/index.html . 

342 Wespac Crustaceans FMP information, at http:// 

www.wpcouncil.org/documents/WPRFMC- 

Document/4.3- CrustaceanFisheries.pdf. 

343 DLNR/DAR, Hawai‘i Fisheries Plan 1985, p. 100. 

344 NMFS Statistics Division, at http://www.st.nmfs. 

gov/st1/index.html and DLNR/DAR Commercial 

Marine Landing Summary Report, at http://www. 

hawaii.gov/dlnr/dar/pubs/cmlstr2004.pdf. 

345 Joseph J. Kalo, Richard G. Hildreth, Alison Rieser, 

Donna R. Christie, Coastal and Ocean Law: Cases 

and Materials (third edition, 2006), page 391. 
























and Materials (third edition, 2006), page 384-387. 




355 Division for Ocean Affairs and the Law of the Sea, 

Office of Legal Affairs, United Nations, http:// 

www.un.org/Depts/los/reference_files/chronological_lists_of_ratifications.htm#The%20United%20 

Nations%20Convention%20on%20the%20Law%20 

of%20the%20Sea. 






and Materials (third edition, 2006), page 391-394. 



and Materials (third edition, 2006), page 398. See 

also Division for Ocean Affairs and the Law of the 

Sea, Office of Legal Affairs, United Nations, http:// 

www.un.org/Depts/los/fish_stocks_conference/ 

fish_stocks_conference.htm. 




118










363 Hlawati, “Loko I’a: A legal guide to the restoration 

of Native Hawaiian fishponds within the Western 

paradigm,” 24 U. Haw. L. Rev. 657 (2002), citing 

U.S. Const. art. I, § 8, cl. 3. “Navigational servitude 

derives from the Commerce Clause of the Constitution, 

and gives the United States Government 

a ‘dominant servitude’-a power to regulate and 

control the waters of the United States in the 

interest of commerce,” citing Palm Beach Isles 

Assocs. v. United States, 208 F.3d 1374, 1382 (Fed. 

Cir. 2000) (citing United States v. Rands, 389 U.S. 

121, 122-23 (1967); see also Boone v. United 

States, 944 F.2d 1489, 1493 (9th Cir. 1991). See also 

Mark W. Siegel, Native Rights: Native Hawaiians, 

22 Envtl. L. 1257, 1261 (1992). Seigel notes that 

both the Court of Appeals for the Ninth Circuit in 

Boone v. United States, 944 F.2d 1489, 1502 (9th 

Cir. 1991) and the United States Supreme Court in 

United States v. Kaiser Aetna, 444 U.S. 164, 166-67 

(1979) have held that Hawaiian law has always 

treated fishponds as private property. 


Donna Christie, Coastal and Ocean Law (2006), p. 

86, citing Lewis Blue Point Oyster Co. v. Briggs, 

229 U.S. 82 (1913). 


Donna Christie, Coastal and Ocean Law (2006), p. 

84; see 33 U.S.C. § 595a (1982) (Congress may elect 

to compensate private property owners for some 

or all of the loss sustained.) 

366 332 U.S. 19 (1947). 




368 Submerged Lands Act of 1953, 43 U.S.C. § 1301. 

369 Submerged Lands Act, 43 U.S.C. §§ 1311, 1312, 1314. 

370 Submerged Lands Act of 1953, 43 U.S.C. § 1311(a)(2) 



and Materials (third edition, 2006), preface page v, 

citing the U.S. Commission on Marine Science, 

Engineering, and Resources, also known as the 

Stratton Commission (credited for coining the term 

“Coastal Zone”), The Nation and the Sea (1969). 

372 Pew Ocean Commission, executive summary, page 

15, at http://www.pewtrusts.com/pdf/env_pew_ 

oceans_final_report.pdf. 



and Materials (third edition, 2006), preface page 

v, citing the U.S. Commission on Marine Science, 

Engineering, and Resources, also known as the 

Stratton Commission (credited for coining the term 

“Coastal Zone”), The Nation and the Sea (1969). 

374 Biliana Cicin-Sain, ed. Ocean Governance: A 

New Vision, Ocean Governance Study Group, 

Center for the Study of Marine Policy, Graduate 

College of Marine Studies, University of Delaware 

(1992), page 9; (302) 831-8086; published with 

sponsorship of the Delaware, California, and 

Hawai‘i Sea Grant College Programs. 










and Materials (third edition, 2006), preface page v. 








378 Coral Reef Task Force’s National Action Plan to 

conserve coral reefs, at http://www.coralreef.gov/ 

taskforce/nap. 

379 Presidential Executive Order 13158, May 26, 2000; 

at http://www.nepa.gov/nepa/regs/eos/eo13158.html. 

380 NOAA Ocean Explorer, at http://oceanexplorer. 

noaa.gov; Fed. Reg. Vol. 66, No. 171, Pages 

46260-64, at http://www.nepa.gov/nepa/regs/eos/ 

eo13158.html. 

381 Pew Oceans Commission, at http://www.pewtrust. 

com/pdf/env_pew_oceans_final_report.pdf. 

382 Oceans Act of 2000, Pub. Law 106-256, S. 2327, 

at http://www.oceancommission.gov/documents/ 

oceanact.html#purpose and http://www.oceancommission.gov/documents/oceanact.pdf. 

383 U.S. Commission on Ocean Policy, An Ocean 

Blueprint for the 21st Century (2004), at http:// 

www.oceancommission.gov/documents/full_color_ 

rpt/welcome.html. 


Blueprint for the 21st Century (2004), executive 

summary, page 3, at http://www.oceancommission.gov/documents/full_color_rpt/00b_ 

executive_summary.pdf. 


Blueprint for the 21st Century (2004), executive 

summary, page 7, at http://www.oceancommission.gov/documents/full_color_rpt/00b_ 

executive_summary.pdf. 

386 Joint Ocean Commission, at http://www. 

jointoceancommission.org. 

387 Joint Ocean Commission, From Sea to Shining Sea: 

Report to Congress (2006), page 3, at http://www. 

jointoceancommission.org/images/From-Sea-to- 

Shining-Sea-Report-to-Congress-June-2006.pdf. 

388 White House press release: “The Magnuson-Steven 

Fishery Conservation and Management Reauthorization 

Act, at http://www.whitehouse.gov/news/ 

releases/2007/01/20070112-1.html . 

389 http://www.jointoceancommission.org/images/ 

From-Sea-to-Shining-Sea-Report-to-Congress- 

June-2006.pdf, page 10. 

390 Joint Ocean Commission press release, “Ocean 

Policy Report Card Shows Modest Progress on 

Protecting Oceans,” January 30, 2007, at http:// 

www.jointoceancommission.org/images/PressReleaseFINAL.pdf. 

391 16 U.S.C. 1801-1882, April 13, 1976, as amended 1978- 

1980, 1982-1984, 1986-1990, 1992-1994 and 1996. 

See also http://ipl.unm.edu/cwl/fedbook/magfish.html. 




393 Tuna and other highly migratory species were 

brought under U.S. management authority under 

1990 amendments to the Fishery Conservation 

and Management Act, Joseph J. Kalo, Richard G. 

Hildreth, Alison Rieser, Donna R. Christie, Coastal 

and Ocean Law: Cases and Materials (third edition, 

2006), page 514. 

119

394 16 U.S.C. 1852 § 302, at http://www.nmfs.noaa. 

gov/msa2007/MSA_Amended%20by%20Magnuson- 

Stevens%20Reauthorization%20Act%20(1-31-07%20 

draft).pdf, page 45. 

395 Prof. Richard Hildreth, director of the University of 

Oregon Ocean and Coastal Law Center “Achieving 

Fisheries Sustainability in the United States,” 36 

ELR 10833 (2006). 

396 Prof. Richard Hildreth, “Achieving Fisheries 

Sustainability in the United States,” 36 ELR 10833 

(2006). 

397 The terms “overfishing” and “overfished” mean a 

rate or level of fishing mortality that jeopardizes 

the capacity of a fishery to produce the maximum 

sustainable yield on a continuing basis. Magnuson- 

Stevens Fishery Conservation and Management Act, 

Public Law 94-265, as amended by the Magnuson- 

Stevens Fishery Conservation and Management Act 

(2006), 16 U.S.C. 1802 § 3. 

398 MSA § 304(e)(4) requirements as amended by 

MSRA §§ 104(c) & (d). See also White House 

press release: “Magnuson-Stevens Fishery 

Conservation and Management Act,” January 

12, 2007, at http://www.whitehouse.gov/news/ 

releases/2007/01/20070112-1.html. 

399 Prof. Richard Hildreth, “Achieving Fisheries 

Sustainability in the United States,” 36 ELR 

10833 (2006). 

400 Note that this list is in no way exhaustive, although 

it includes the primary laws with relation to federal 

ocean management. 

401 Executive Order 13158 of May 26, 2000. 

402 P.L. 81-681; see http://federalasst.fws.gov/sfr/fasfr. 

html; also DLNR/DAR Hawai‘i Fisheries Plan 1985, 

p. 126. 

403 US Fish and Wildlife Service, “US Fish and 

Wildlife Service Awards Nine State Boating 

Infrastructure Grants,” April 5, 2007, at 

http://www.fws.gov/news/NewsReleases/ 

showNews.cfm?newsId=C2EF1AB9-B1D8-F8C1- 

8487EA2802D0AEED. 

404 15 U.S.C. 713c-3; see http://www.nmfs.noaa.gov/ 

ocs/skhome.html. 

405 P.L. 88-309. 

406 U.S.C. Title 16, Chapter 31, Subchapter I, § 1361; 71 

Fed. Reg. 15384 (Mar. 28, 2006). 

407 Public Law No: 103-238; see also Pub. L. 92–522, § 

2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97–58, § 1(b) 

(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103–238, § 3, 

Apr. 30, 1994, 108 Stat. 532.). 

408 High Seas Fishing Compliance Act (1996), at 

http://www.nwr.noaa.gov/Permits/Other-Permits/ 

High-Seas- FCA-Permits.cfm. See also NOAA, 

Authorized High-Seas Fishing Activities at http:// 

www.nwr.noaa.gov/Permits/Other-Permits/ 

upload/HSFCA-AUTHORIZED-ACTIVITIES.doc. 

50 CFR 660, Subpart K – Pacific HMS Fisheries 

– Albacore troll fishing conducted in the north 

Pacific Ocean, tuna purse seine fishing, and 

tuna longline fishing (i.e., deep set fishing) by 

vessels with permits issued pursuant to 50 CFR 

660, Subpart K – Pacific HMS Fisheries; FMP for 

West Coast Highly Migratory Species. 50 CFR 300, 

Subpart C – Pacific Tuna Fisheries – Tuna fishing 

in the eastern tropical Pacific Ocean regulated 

pursuant to 50 CFR 300, Subpart C – Pacific Tuna 

Fisheries and 50 CFR 216.24 – Taking and related 

acts incidental to commercial fishing operations 

by tuna purse seine vessels in the eastern tropical 

Pacific Ocean; Convention for the Establishment 

of an Inter-American Tropical Tuna Commission 

(IATTC), 1949; Tuna Conventions Act of 1950 (16 

U.S.C. 951-961) as amended by the International 

Dolphin Conservation Act (IDCA) of March 3, 1999 

(16 U.S.C. 1413). 50 CFR 660, Subpart C – Western 

Pacific Pelagic Fisheries – Longlining, trolling and 

handlining for Pacific pelagic management unit 

species by vessels with permits issued pursuant to 

50 CFR 660, Subpart C – Western Pacific Pelagic 

Fisheries; FMP for Pelagic Fisheries of the Western 

Pacific Region. 

409 Lacey Act 16 U.S.C. §§ 3371-3378. See http://www. 

fws.gov/laws/laws_digest//lacey.html, http://www. 

animallaw.info/articles/ovuslaceyact.htm. 

410 7 U.S.C. § 136, 16 U.S.C. § 1531 et seq; see www. 

fws.gov/endangered/esaall.pdf. 

411 NOAA NMFS, at http://www.nmfs.noaa.gov/pr/ 

conservation/states. Contact Lisa Manning, NMFS 

Office of Protected Resources at (301) 713-1401. 

412 42 USC § 4321, et seq. 

413 42 U.S.C. § 4321, § 2. 

414 Environmental Protection Agency, at http://www. 

epa.gov/compliance/nepa/index.html. Pacific 

Islands Contact Office, Prince Kuhio Federal 

Building Room 5-152, 300 Ala Moana Blvd., 

Honolulu, HI 96850; (808) 541-2710. 

415 33 U.S.C. §§ 1251 et seq. See also http://www.epa. 

gov/region5/water/cwa.htm. 

416 33 U.S.C.A. §§ 1401-1443 (West). 

417 16 U.S.C.A. §§ 1431-1445c (West). 

418 See http://sanctuaries.noaa.gov/about/legislation. 

419 Bill Summary & Status for the 109th Congress. 

2004. Senate Report 108-401 – Marine Debris 

Prevention and Reduction Act. See http://thomas. 

loc.gov/cgibin/cpquery/?&db_id=cp108&r_ 

n=sr401.108&sel=TOC_0&., (August 16, 2005). See 

also the legislative summary at http://commerce. 

senate.gov/pdf/marinedebris_mark.pdf and 

National Sea Grant Law Center, “Announcement 

of Legislative Development January 2007: Marine 

Debris, Research, Prevention, and Reduction Act 

Signed into Law,” at http://www.olemiss.edu/orgs/ 

SGLC. See also Columbia University policy analysis 

at http://www.columbia.edu/cu/mpaenvironment/ 

pages/projects/sum2005/Marine%20Debris%20 

Final%20Report%20Sum2005.pdf. 

420 16 USC § 1456. See also NOAA Office of Ocean 

and Coastal Resource Management, at http:// 

coastalmanagement.noaa.gov and consistency 

provisions at http://coastalmanagement.noaa.gov/ 

consistency/welcome.html. 

421 NOAA Office of Ocean and Coastal Resource 

Management at http://coastalmanagement.noaa.gov: 

“Marine Managed Areas (MMAs) are special places in 

ocean, coastal and estuarine ecosystems where vital 

natural and cultural resources are given greater 

protection than in surrounding waters. MMAs, and 

other forms of place-based management in the 

ocean, have been used as a conservation tool in 

U.S. waters for more than a century.” 

422 P.L. 106-562; 16 U.S.C. 6401 et seq; December 23, 

2000. See http://www.coris.noaa.gov/activities/ 

actionstrategy/08_cons_act.pdf. 

423 NOAA FY 2007 Budget Summary, at http://www. 

corporateservices.noaa.gov/~nbo/FY07_BlueBook/ 

PDFs/Chapter4_final.pdf, page 21. See also www. 

noaa.nmfs.gov. 

424 http://www.nmfs.noaa.gov/sfa/statusoffisheries/ 

SOSmain.htm. 

425 NMFS/PIRO at http://www.fpir.noaa.gov. 

426 http://www.fpir.noaa.gov/PRD/prd_index.html. 

427 U.S. Coast Guard, District 14 at http://www.uscg. 

mil/d14. USCG Water Pollution Reports: (808) 

541-2.900. 

120

428 USCG fisheries enforcement at http://www.uscg. 

mil/lantarea/aole/fish.htm 

429 http://www.wpcouncil.org/about.htm. See also 

David Witherell, Ed., Managing Our Nation’s 

Fisheries Past, Present, and Future (2003), Section 

II (7), sponsored by NOAA/NMFS and the eight 

regional fishery councils. 

430 The 2005 Report to Congress on Appointment of 

Membership on the Regional Fishery Management 

Councils, www.nmfs.noaa.gov/sfa/reg_svcs/ 

councils.htm. See also http://www.wpcouncil.org/ 

about.htm. 

431 David Witherell, Ed., Managing Our Nation’s 

Fisheries Past, Present, and Future (2003), 

sponsored by NOAA/NMFS and the eight regional 

fishery councils; page 152. 

432 Wespac, http://www.wpcouncil.org/contact.pdf. 

433 A Governor may not submit the names of 

individuals to the Secretary for appointment unless 

the Governor has determined that each such 

individual is qualified under the requirements of 

subparagraph (A) and unless the Governor has, 

to the extent practicable, first consulted with 

representatives of the commercial and recreational 

fishing interests of the State regarding those 

individuals. Each such list shall include the names 

and pertinent biographical data of not less than 

three individuals for each applicable vacancy 

and shall be accompanied by a statement by the 

Governor explaining how each such individual 

meets the requirements of subparagraph (A). MSA, 

SEC. 302. REGIONAL FISHERY MANAGEMENT 

COUNCILS 16 U.S.C. 1852, 97-453, 99-659, 101-627, 

102-582, 104-297, (b) VOTING MEMBERS, at 

http://www.nmfs.noaa.gov/sfa/magact/mag3. 

html#s302. 

434 Wespac, http://www.wpcouncil.org/about.htm. 

435 Id. 

436 http://www.wpcouncil.org/contact.pdf, page 1. 


Management Act, Public Law 94-265, as amended 

through October 11, 1996, 97-453(f), at http:// 

www.nmfs.noaa.gov/sfa/magact/mag3.html#s302. 


Management Act, , as amended through October 

11, 1996, Public Law 97-453, 99-659, 101-627(i), 

at http://www.nmfs.noaa.gov/sfa/magact/mag3. 

html#s302. 

439 Id. 

440 Lisa Woods Munger, editor, Goodsill Anderson 

Quinn and Stifel LLP, Hawai‘i Environmental Law 

Handbook: Third Edition (2000) , citing Kent M. 

Keith, Survey, Laws Affecting the Development of 

Ocean Resources in Hawai‘i, 4 U. Haw. L. Rev. 227 

(1982). 

441 Hawai‘i Constitution, Article XI, Section 1, at http:// 

www.Hawai‘i.gov/lrb/con/conart11.html. 

442 H.R.S. § 344-1. 

443 H.R.S. § 195D. 

444 H.R.S. § 195D-1. 

445 Meadows, D.W., A. Kane, C. Mitchell, and C. 

Ogura. 2005. Hawai‘i’s statewide Aquatic Wildlife. 

Conservation Strategy. Pacific Cooperative Studies 

Unit, Technical Report 137. Honolulu, Hawai‘i; p. 

124, at: http://www.botany.Hawaii.edu/faculty/ 

duffy/techrep.htm. 

446 H.R.S. § 195D-2. 

447 http://www.Hawaii.gov/dlnr/divisions.html. 

448 H.R.S. § 187-188. 

449 HRS § 171-4. 

450 H.R.S. § 26-15. 

451 http://www.Hawaii.gov/dlnr/dar/index.html. 

452 HRS §187A-5, 188-70. 

453 http://www.Hawaii.gov/dlnr/dbor/dbor.html. 

454 http://www.Hawaii.gov/dlnr/dcre/dcre.html. 

455 http://www.Hawaii.gov/dlnr/occl. 

456 http://kahoolawe.Hawaii.gov. 

457 HRS § 205A-3.5. See http://www.Hawaii.gov/ 

dbedt/czm/maczac/maczac.html. 

458 http://www.Hawaii.gov/dlnr/hpd/hpgreeting.htm. 

459 Aquaculture Development Program, 1177 Alakea 

Street #400, Honolulu, Hawai‘i 96813; Phone: (808) 

587- 0030; E-mail: info@Hawai viaquaculture.org. 

460 Department of Health, 1250 Punchbowl St., 

Honolulu, HI 96813; (808) 586-4400. 

461 Lisa Woods Munger, editor, Goodsill Anderson 

Quinn and Stifel LLP, Hawai‘i Environmental Law 

Handbook: Third Edition (2000). 

462 235 S. Beretania St. #702, Honolulu, HI 96813; 

(808) 586-4185; http://www.state.hi.us/health/ 

oeqc/index.html. 

463 H.R.S. § 343. 

464 Department of Health, 1250 Punchbowl St., 

Honolulu, HI 96813; (808) 586-4412; offices on the 

neighbor islands. 

465 Id. Munger pages 4-8. 

466 Hawai‘i Attorney General, 425 Queen St., 

Honolulu, HI 96813; (808) 586-1500; www.state. 

hi.us/ag. 

467 HRS § 205A-62. 

468 Hawai‘i Ocean Resources Management Plan, 2006 

Final Report to the Twenty-Fourth Legislature, 

Regular Session of 2007. Coastal Zone Management 

Program, Office of Planning, DBEDT, at http:// 

www.Hawaii.gov/dbedt/main/about/leg-reports/ 

ormp-implementation-2006.pdf. 

469 http://Hawaii.gov/dlnr/dar/sawcs.htm. See 

Meadows, D.W., A. Kane, C. Mitchell, and C. 

Ogura. 2005. Hawai‘i’s Statewide Aquatic Wildlife 

Conservation Strategy. Pacific Cooperative Studies 

Unit, Technical Report 137. Honolulu, Hawai‘i. 

124 pp. Available online at: http://www.botany. 

Hawaii.edu/faculty/duffy/techrep.htm. The 

authority for the program falls under the Congressional 

mandates of the Wildlife Conservation and 

Restoration Program (WCRP) for fiscal year 2001 

and the state Wildlife Grants (SWG) program (2002 

to present), and in Hawai‘i through DLNR/DAR’s 

authority in HRS § 195D. 

470 Id., p. 7. 

471 http://reefshark.nmfs.noaa.gov/f/pds/publicsite/ 

documents/procedures/02-111-12.pdf, page 6. 

472 Hawai‘i Revised Statutes at http://www.capitol. 

Hawaii.gov/site1/docs/docs.asp. 

473 HRS § 187A-21. 

474 http://www.capitol.Hawaii.gov/hrscurrent/Vol03_ 

Ch0121-0200D/HRS0188. 

475 ORGANIC ACT: An Act to Provide a Government 

for the Territory of Hawai‘i (Act of April 30, 1900, 

C 339, 31 Stat 141) at http://Hawaii-nation.org/ 

organic.html#¤%2096. 

476 HRS § 188-22.7. 

477 HRS § 188-22.9. 

478 §187A-9 Federal aid in sport fish restoration. 

The state hereby assents to the provisions of the 

Federal Aid in Sport Fish Restoration (Dingell- 

Johnson/Wallop-Breaux) Act (64 Stat. 430, 16 

U.S.C. §777), as amended. 

121

479 http://www.Hawaii.gov/dlnr/dar/library/har_toc. 

htm. See also DLNR/DAR regulations at http:// 

Hawaii.gov/dlnr/dar/regs. 

480 H.A.R. § 13-28. See also HRS §187A-12.5, HRS 190. 

481 H.A.R. § 13-51. 

482 H.A.R. § 13-60.5, at http://www.state.hi.us/dlnr/ 

chair/pio/pdf/NR99-Chapter13-60.5%20HAR.pdf. 

483 H.A.R. § 13-73. See also http://www.Hawaii.edu/ 

HIMB/FADS. 

484 Hawai‘i fishing gear restrictions: H.R. S. §§ 188-23, 

188-31; H.A.R. §§ 13-49, 13-75, 13-95. 

485 Aquarium fish: HRS §188-31. 

486 “Commercial purpose” means the taking of marine 

life for profit or gain, or as a means of livelihood, 

when the marine life is taken in or outside of the 

state, and when the marine life is sold, offered for 

sale, landed, or transported for sale anywhere in 

the state. 

487 HAR 13-74, HRS 187A-1, HRS 189-2, HRS 189-3, 

HRS 189-4. See http://www.Hawaii.gov/dlnr/dar/ 

fish_regs/commfish.htm. 

488 HRS § 189-2.4. 

489 John Van Dyke, “The role of indigenous people 

in ocean governance: Sharing the ocean’s bounty 

in a spirit of kinship and harmony,” part of the 

United Nation’s University’s Integrated Ecosystems, 

Pacem in Maribus XIX conference, at http://www. 

unu.edu/unupress/unupbooks/uu15oe/uu15oe0a. 

htm, citing Poka Laenui (Hayden Burgess). “An 

Introduction to Some Hawaiian Perspectives on 

the Ocean.” In: Van Dyke, J.M., G. Hewison, and 

D. Zaelke, eds Freedom for the Seas in the 21st 

Century: Ocean Governance and Environmental 

Harmony, pp. 91-102. 

490 John Van Dyke, “The role of indigenous people 

in ocean governance: Sharing the ocean’s bounty 

in a spirit of kinship and harmony,” part of the 


Pacem in Maribus XIX conference, at http://www. 

unu.edu/unupress/unupbooks/uu15oe/uu15oe0a. 

htm, citing Moana Jackson, “Indigenous Law and 

the Sea.” In: Van Dyke, J.M., G. Hewison, and 

D. Zaelke, eds Freedom for the Seas in the 21st 

Century: Ocean Governance and Environmental 

Harmony, pp. 41-48. 

491 An ahupua‘a could be 100 to 100,000 acres. 

Melody MacKenzie, ed. The Native Hawaiian 

Rights Handbook (1991). 

492 Melody MacKenzie, ed. The Native Hawaiian 

Rights Handbook (1991), pp. 173-195, 306. Also 

see Peter Apo, Dennis “Bumpy” Kanahele, Cherlyn 

Logan, Dr. Davianna McGregor, John M. Knox & 

Associates, ed., Planning for sustainable tourism in 

Hawai‘i (2004), prepared for Hawai‘i Department 

of Business Economic Development & Tourism, at 

http://www.Hawaii.gov/dbedt/info/visitor-stats/ 

sustainable-tourismproject/ drafts/Native-Hawaiian- 

Impact-Report.pdf, p. 88 (B-45). 

493 John Van Dyke, “The role of indigenous peoples in 

ocean governance: Traditional native approaches 

to ocean governance,” part of the United Nation’s 

University’s Integrated Ecosystems, Pacem in Maribus 

XIX conference, at http://www.unu.edu/unupress/ 

unupbooks/uu15oe/uu15oe0a.htm, citing Anders, 

Gary C. Native Hawaiian Rights in a Regulated 

Fishery: An Exploratory Analysis. (Pacific Islands 

Development Programme, East-West Centre, Honolulu, 

August 1987); Meller, Norman. Indigenous Ocean 

Rights in Hawai‘i. Sea Grant Marine Policy and 

Law Report, University of Hawai‘i, December 1985; 

Morgan, Joseph R. “Watersheds in Hawai‘i: An 

Historical Example of Integrated Management.” In: 

Easter, K.W., John Dixon, and M.M. Hufschmidt. 

Resources Management: An Integrated Framework 

with Studies from Asia and the Pacific. Boulder: 

Westview Press, 1986; Murakami, Alan T. “Konohiki 

Fishing Rights and Marine Resources.” In: Kapilialoha 

MacKenzie, Melody, ed. Native Hawaiian Rights 

Handbook, pp. 173-195, Honolulu: Native 

Hawaiian Legal Corporation/Office of Hawaiian 

Affairs, 1991; Murakami, Alan T., and Bob Freitas. 

Native Hawaiian Claims Concerning Ocean 

Resources. Paper presented to the Hawaiian Ocean 

Affairs Conference, East-West Center, Honolulu, 7 

August 1987; Pacific Fisheries Consultants. 1990. 

Native Hawaiian Fishing Rights (Phases 1 and 

2). Honolulu, July 1990. See also Paul F. Nahoa 

Lucas, No Ke Ola Pono o Ka La – hui Hawai‘i: The 

protection and perpetuation of customary and 

traditional rights as a source of well-being for 

Native Hawaiians, Kamehameha Schools (2004). 

494 Mark W. Siegel, Native Rights: Native Hawaiians, 

22 Envtl. L. 1257, 1261 (1992): In both Boone v. 

United States, 944 F.2d 1489, 1502 (9th Cir. 1991) 

and United States v. Kaiser Aetna, 444 U.S. 164, 

166-67 (1979), courts have held that Hawaiian law 

denotes fishponds as private property. See also 

Damon v. Territory of Hawai‘i, 194 U.S. 154 (1904) 

at http://caselaw.lp.findlaw.com/cgibin/ getcase. 

pl?court=us&vol=194&invol=154. 

495 http://www.state.hi.us/dlnr/hpd/hpcal93.htm. 

496 J.A. Wyban and C. Arki Wyban, “Aquaculture in 

Hawai‘i: Past, Present, and Future” in Advances 





497 http://www.state.hi.us/dlnr/hpd/hpcal93.htm. Also 

note, “Final Report: Comprehensive Management 

of Coastal Resources, Phase1,” Ogden Environmental 

Services for the Coastal Zone Management 

Program, Office of Planning, June 1994; http:// 

www.hawaii.gov/dbedt/gis/data/fishponds.txt, 

Joan Delos Santos, Office of Planning, State of 

Hawaii, (808) 587-2895, email: JDelos_Santos@ 

dbedt.hawaii.gov. 

498 www.oha.org. 

499 “Hawai‘i Island Biologist Restores Ancient 

Hawaiian Fishponds,” by Diane Ako. KHNL, 

Feb. 17, 2007, at www.khnl.com/Global/story. 

asp?S=6104447&nav=menu55_2 . 

500 J.A. Wyban and C. Arki Wyban, “Aquaculture in 

Hawai‘i: Past, Present, and Future” in Advances 





501 http://www.state.hi.us/dlnr/hpd/hpcal93.htm. 

502 Wendie Ellen Schneider, Contentious Business: 

Merchants and the creation of a Westernized 

judiciary in Hawai‘i,” 108 Yale L.J. 1389 (1999). 

See also Mari J. Matsuda, Law and Culture in the 

District Court of Honolulu, 1844-1845: A Case 

Study of the Rise of Legal Consciousness, 32 Am. 

J. Legal Hist. 16 (1988); and Caroline Ralston, 

Hawai‘i 1778-1854: Some Aspects of Maka’ainana 

Response to Rapid Cultural Change, 29 J. Pac. Hist. 

21 (1984). Also see Public Access Shoreline Haw. 

(“PASH”) v. Hawai‘i County Planning Comm’n, 903 

P.2d 1246 (Haw. 1995); Pele Defense Fund v. Paty, 

837 P.2d 1247 (Haw. 1992); Kalipi v. Hawaiian 

Trust Co., 656 P.2d 745 (Haw. 1982). See generally 

Native Hawaiian Rights Handbook (Melody 

Kapilialoha MacKenzie ed., 1991) (outlining Native 

Hawaiian rights); Davianna Pomaika’i McGregor, 

An Introduction to the Hoa’aina and Their Rights, 

30 Hawaiian J. Hist. 1, 10-13 (1996) (providing 

background to Hawaiian rights). 

122

503 Wendie Ellen Schneider, Contentious Business: 

Merchants and the creation of a Westernized 

judiciary in Hawai‘i,” 108 Yale L.J. 1389 (1999), 

citing In re Estate of His Majesty Kamehameha IV, 

2 Haw. 715, 720 (1864). 

504 Peter Apo, Dennis “Bumpy” Kanahele, Cherlyn 

Logan, Dr. Davianna McGregor, John M. Knox & 

Associates, ed., Planning for sustainable tourism in 

Hawai‘i (2004), prepared for Hawai‘i Department 

of Business Economic Development & Tourism, 

at http://www.Hawaii.gov/dbedt/info/visitorstats/ 

sustainable-tourism-project/drafts/Native-Hawaiian- 

Impact-Report.pdf, p. 10. 


Linda Paul, with the assistance of DAR, Pacific 

Fisheries Coalition whitepaper, The Status 

of Hawai‘i’s Living Marine Resources at the 

Millennium, at http://www.pacfish.org/wpapers/ 

fishstatus.html. See also Ka Hana Lawai‘a a me na 

ko‘a o na kai‘ewalu [electronic resource] : a history 

of fishing practices and marine fisheries of the 

Hawaiian Islands. Compiled from Native Hawaiian 

traditions, historical accounts, government 

communications, Kama’aina testimony and 

ethnography. Honolulu, HI : Kamehameha Schools 

Land Assets Division, 2004. DU624.6 .N35 2004. 

506 Organic Act of April 30, 1900, Chapter 339, 31 

Stat. at L. 141, 160. “[A]ll laws of the Republic of 

Hawai‘i which confer exclusive fishing rights upon 

any person or persons are hereby repealed, and 

all fisheries in the sea waters of the Territory of 

Hawai‘i not included in any fish pond or artificial 

inclosure shall be free to all citizens of the United 

States, subject, however, to vested rights; but no 

such vested rights shall be valid after three years 

from the taking effect of this Act unless established 

as hereinafter provided.” Hawai‘i Organic Act, ch. 

6, § 95 (2001) (original version at ch. 339, 31 Stat. 

141 (2 Supp. R. S. 1141). See also, United States v. 

Kaiser Aetna, 408 F. Supp. 42, 51 (D. Haw. 1976), 

aff’d, 584 F.2d 378 (9th Cir. 1978), rev’d, 444 U.S. 

164 (1979), specifically exempting fishponds from 

the scope of the Hawai‘i Organic Act of 1900. 

507 See Haalelea v. Montgomery, 2 Hawaiian R. 62, 

66; Kapiolani Estate v. Territory of Hawai‘i, 18 

Haw. 460 (1907); state v. Hawaiian Dredging 

Co., 48 Haw. 152, 397 P.2d593 (1964); Bishop 

v. Mahiko, 35 Haw. 608 (1940); Damon v. 

Territory of Hawai‘i, 194 U.S. 154 (1904) at 

http://caselaw.lp.findlaw.com/cgibin/ getcase. 

pl?court=us&vol=194&invol=154. 

508 Ian Hlawati, “Loko I‘a: A legal guide to the 

restoration of Native Hawaiian fishponds within 

the Western paradigm,” 24 U. Haw. L. Rev. 657 

(2002), citing Melody MacKenzie, Native Hawaiian 

Rights Handbook (1991), p. 177. 

509 Ian Hlawati, “Loko I‘a: A legal guide to the 

restoration of Native Hawaiian fishponds within 

the Western paradigm,” 24 U. Haw. L. Rev. 

657 (2002), citing Melody MacKenzie, ed., The 

Native Hawaiian Rights Handbook, p. 177; Alan 

Murakami, Konohiki Fishing Rights and Marine 

Resources, in Native Hawaiian Rights Handbook, 

at 173-95; and “In Smith v. La‘amea the court 

stated: ‘We understand the word tenant, as 

used in this connection, to have lost its ancient 

restricted meaning, and to be almost synonymous 

at the present time with the word occupant, or 

occupier, and that every person occupying lawfully 

any part of an ahupua‘a ‘is a tenant within the 

meaning of the law. Those persons who formally 

lived as tenants under the konohikis but who 

have acquired fee simple title to their kuleanas, 

under the operation of the Land Commission, 

continue to enjoy the same rights of piscary that 

they had as hoaainas under the old system. . . . 

If any person who has acquired a kuleana on the 

ahupua‘a of Honouliuli should sell and convey his 

land, or even a part of it, to another, a common 

right of piscary would pass to the grantee, as an 

appurtenance to the land.” Smith v. La’amea, 29 

Haw. 750, 755-56 (1927) (quoting Haalelea v. 

Montgomery, 2 Haw. 62, 71 (1858). 

510 Damon v. Territory of Hawai‘i 194 U.S. 154 

(1904), referencing Wedding v. Meyler, 192 U.S. 

573 , 583, ante, p. 322, 24 Sup. Ct. Rep. 322, at 

http://caselaw.lp.findlaw.com/cgibin/ getcase. 

pl?court=us&vol=194&invol=154. See also Haalelea 

v. Montgomery, 2 Hawaiian R. 62, 66. 

511 HRS § 187A-23; Ian Hlawati, “Loko I‘a: A legal 

guide to the restoration of Native Hawaiian 

fishponds within the Western paradigm,” 24 U. 

Haw. L. Rev. 657 (2002), part III, “Analysis: Legal 

Guide to Restoration.” “In 1982, the Hawai‘i 

Supreme Court recognized in Reppun v. Board 

of Water Supply (656 P.2d 57, at 68-69 (1982) that 

there had been unjustified losses of customary 

Hawaiian rights, including konohiki fishing rights. 

Having recognized their own historical errors, the 

court held that with regard to water rights, the 

grant of such water rights to a konohiki owner 

were inseparable from the konhiki’s duty to 

provide for his tenants. The court implied that 

their holding with regard to water rights had 

application to the analogous land and fishing 

rights. Reppun represented a marked departure 

from what had previously been held in Hawaiian 

Dredging. Under Ashford (440 P.2d 76 (1968), 

Reppun, and PASH (79 Hawai‘i at 445-46, 903 P.2d 

at 1266-67), Hawaiians with or without vested 

property interests in fishponds may have judicially 

enforceable rights to fish at these sites.” 

512 Hawai‘i Constitution, Article XI, Section 6, at http:// 

www.Hawaii.gov/lrb/con/conart11.html. 

513 D. Kapua Sproat, The backlash against PASH: 

legislative attempts to restrict Native Hawaiian 

rights, 20 U. Haw. L. Rev. 321 (1998), part III, citing 

Haw. Const. .art. XII § 7. 


ocean governance: Traditional native approaches 

to ocean governance,” part of the United Nation’s 

University’s Integrated Ecosystems, Pacem in 

Maribus XIX conference, at http://www.unu.edu/ 

unupress/unupbooks/uu15oe/uu15oe0a.htm, citing 

Opinion letter written by the Department of the 

Attorney General, Land Transportation Division, 

to the Chair of the Board of Land and Natural 

Resources, State of Hawai‘i, 24 June 1982. 

515 OHA’s claim to share equally in the harvest may 

find support in a 1979 U.S. Supreme Court decision 

(443 US 658) upholding the Boldt Decision, the 

result of a 1970 federal suit against the state of 

Washington that allocated 50 percent of state’s 

catch to land-holding native American Indians 

under an interpretation of treaties between the 

U.S. and the Indian tribes. See Sharon Boswell and 

Lorraine McConaghy, “A Resource Divided, Seattle 

Times, Nove. 10, 1996, at http://seattletimes. 

nwsource.com/centennial/november/resource. 

html; also see “Federal Judge George Boldt issues 

historic ruling affirming Native American treaty 

fishing rights on February 12, 1974,” at http:// 

www.historylink.org/essays/output.cfm?file_ 

id=5282. 


ocean governance: The pursuit of ocean claims,” 


Pacem in Maribus XIX conference, at http:// 

www.unu.edu/unupress/unupbooks/uu15oe/ 

uu15oe0a.htm: “On 2 September 1989, the Office 

of Hawaiian Affairs issued a Draft Blueprint for 

Native Hawaiian Entitlements which included 

the following paragraph among the claimed 

entitlements: Submerged Lands and Offshore 

123

Waters: Native Hawaiians have an interest in the 

living and nonliving resources of submerged 

lands and offshore water in the exclusive 

economic zones and territorial seas surrounding 

the Hawaiian Islands, Johnston Atoll, Palmyra 

Island, and Midway Island. Native Hawaiians are 

entitled to half of all revenues received by the 

U.S. government from these resources. Native 

Hawaiians are also entitled to harvest half of 

all resources in these areas. Both the living and 

nonliving resources should be co-managed by 

appropriate federal and state agencies and OHA, 

or any successor Native Hawaiian entity developed 

pursuant to the process set forth below, in an 

environmentally sensitive manner designed to 

preserve these resources for future generations.” 

517 Public Access Shoreline Hawai‘i (PASH) v. Hawai‘i 

County Planning Commission, 79 Hawai‘i 425, 

903 P.2d 1246 (1995), cert. denied, 116 S. Ct. 1559 

(1996) (Mem.). 



rights, 20 U. Haw. L. Rev. 321 (1998), citing Public 

Access Shoreline Hawai‘i (PASH) v. Hawai‘i County 

Planning Commission, 79 Hawai‘i 425, at 448. See 

also Ian H. Hlawati, “LOKO I‘A: A LEGAL GUIDE 

TO THE RESTORATION OF NATIVE HAWAIIAN 

FISHPONDS WITHIN THE WESTERN PARADIGM,” 

24 U. Haw. L. Rev. 657 (2002), citing Carol Araki 

Wyban, Tide and Current: Fishponds of Hawai‘i 

xiii (1992); Joseph M. Farber, Ancient Hawaiian 

Fishponds: Can Restoration Succeed on Moloka‘i? 

1-5 (1997); 79 Hawai‘i 425, Public Access Shoreline 

Hawai‘i v. Hawai‘i County Planning Commission, 

903 P.2d 1246 (1995), cert denied, 517 U.S. 1163 

(1996), at 447. Also: D. Kapua Sproat, Comment, 

The Backlash Against PASH: Legislative Attempts to 

Restrict Native Hawaiian Rights, 20 U. Haw. L. Rev. 

321, 338 (1998), citing Kalipi v. Hawaiian Trust 

Co., 66 Haw. 1, 5, 656 P.2d 745, 748 (1982) for the 

proposition that Hawai‘i Revised Statutes (“HRS”) 

section 7-1 confers rights of access, gathering 

and water); see also PASH, 79 Hawai‘i at 445-46, 

903 P.2d at 1266-67 (examining earlier codified 

protection of tenant gathering rights after the 

Great Mahele, wherein the Hawai‘i Supreme Court 

quoted a Privy Council resolution, which states, in 

pertinent part, “the rights of the makaainanas to 

firewood, timber for house, grass for thatching, ki 

leaf, water for household purposes in said land . . . 

is hereby sacredly reserved and confirmed to them 

for their private use . . . .” (citing 3B Privy Council 

Records 681, 687 (1850) (emphasis added). 





Planning Commission, 79 Hawai‘i 425, at 437. 





Planning Commission, 79 Hawai‘i 425, at 447-51. 

521 Report of the Waitangi Tribunal on the 

Muriwhenua Fishing Claim (1988) at http:// 

www.waitangitribunal.govt.nz/scripts/ 

reports/reports/22/796C25F5-7F61-4F4F-8C50- 

EED0218276F3.pdf, p. 5-8. 

522 “Our Sea of Islands: A Regional Forum for Oceania 

on marine Managed Areas and World Heritage,” 

January 29-February 2, 2007, Honolulu, Hawai‘i. 

Final documents at http://www.hawaiireef.noaa. 

gov/news/events/OurSeaofIslands.html. 

523 Alan Friedlander, Bob Endreson, William Aila, Linda 

Paul, with the assistance of DAR, Pacific Fisheries 

Coalition whitepaper, The Status of Hawai‘i’s Living 

Marine Resources at the Millennium, at http:// 

www.pacfish.org/wpapers/fishstatus.html. 

524 Id. 

525 The Nature Conservancy Hawai‘i, Makai Watch 

program, at http://www.nature.org/wherewework/ 

northamerica/states/hawaii/marine/art20999.html. 

526 NOAA Pacific Services Center, at www.csc.noaa. 

gov/psc/strategic.html; (808) 532-3200. 

527 MSA § 301(a)(8). National Standard 8: “Conservation 

and management measures shall, consistent 

with the conservation requirements of this Act 

(including the prevention of overfishing and 

rebuilding of overfished stocks), take into account 

the importance of fishery resources to fishing 

communities in order to (A) provide for the 

sustained participation of such communities, and 

(B) to the extent practicable, minimize adverse 

economic impacts on such communities.” 

528 See R. Iversen, T. Dye, and L. M. B. Paul. 1989. 

Rights of Native Hawaiian fishermen with 

specific regard to harvesting bottomfish in the 

Northwestern Hawaiian Islands and with regard to 

harvesting bottomfish, crustaceans, precious corals, 

and open-ocean fish in offshore areas surrounding 

the entire Hawaiian island chain. A report 

prepared for the Western Pacific Regional Fishery 

Management Council. Honolulu, Hawai‘i. 

529 Wespac, Building community networks in the 

western Pacific region, March 2007. 


welcoming remarks at Ho‘ohanohano I Na Kupuna 

Puwalu, December 2006. 

531 Leimana DaMate, Chair, Association of Hawaiian 

Civic Clubs Ocean Resources Committee, Status 

report on ocean and ecosystem issues, October 

23, 2006, at http://www.aohcc.org/Committee%20 

Reports/2006/Ocean%20Resources%20Att%202.doc. 

532 Ho‘ohanohano I Na Kupuna Puwalu, August 2006. 

A gathering of expert Native Hawaiian cultural and 

practitioners versed in lawai’a and mahiai – ocean 

and land ahupua‘a methods; at http://www.aohcc. 

org/Committee%20Reports/Summary.doc. 

533 Hawai‘i Ocean Resources Management Plan 2006, 

HRS § 205A, at http://www.Hawaii.gov/dbedt/ 

main/about/leg-reports/ormp-final-2006.pdf, 

page 8. Traditionally in Hawai‘i, natural resources 

were managed at the ahupua‘a and moku levels. 

‘Aha Councils, composed of a diverse group 

of practitioners and acknowledged experts in 

agriculture, fishing, water resources, and cultural 

skills, lived within each ahupua‘a and served 

together as the governing board. Today, in contrast, 

Hawai‘i’s legal and institutional framework for 

environmental and natural resources management 

largely perpetuates a sector-based approach where 

different government agencies have jurisdictional 

authority over specific resources. Increasing pressure 

on natural resources coupled with a greater understanding 

of environmental systems have brought 

to light the need for a more holistic approach to 

natural resource management. The management 

goals and strategic actions described under this 

perspective provide opportunities to demonstrate 

integrated natural resources management 

approaches, build capacity for community participation 

and stewardship, and develop legal and 

policy proposals to institutionalize integrated and 

collaborative management approaches. 

124

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