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

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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
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Hawai‘i Fisheries Initiative A Co
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Examples of Hawai‘i Fish Aku Bige
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fishers, who defray costs by sellin
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A Snapshot of Hawai‘i’s Seafood
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Western Pacific Fisheries Managemen
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National and Statewide Economic Imp
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Economics of Hawai‘i’s Commerci
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Imports and Value Added NWHI Bottom
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Seafood Exports NOAA Fisheries repo
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Regional Trends, Wholesale Markets,
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due to the freshness of the fish wh
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Consumers of recreational and subsi
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One of the program’s goals is to
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With expected increases in populati
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Hawai‘i’s Aquaculture Potential
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The flat growth of the information
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Leasing Hawai‘i’s Waters: Legal
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Christopher Mann, a senior officer
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Recreational Fishing in Hawai‘i R
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Hawai‘i Marine Recreational Fishi
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Fishing Tournaments and Clubs Appro
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Fisheries Management and Enforcemen
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A comprehensive ecosystem-based fis
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State of Hawai‘i Fisheries Progra
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In its eighth year, 2,164 volunteer
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Stock Assessment and Catch Data Und
Page 53 and 54: 2006 State Fishing Licenses and Per
Page 55 and 56: Violations of marine-related laws c
Page 57 and 58: or Olive Ridley sea turtles have be
Page 59 and 60: History and Status of Hawai‘i’s
Page 61 and 62: 2006 Commercial Landings by Species
Page 63 and 64: wholesalers began offering Hawaiian
Page 65 and 66: that mortality levels will be susta
Page 67 and 68: Troll and Handline Pelagic Fisherie
Page 69 and 70: (a baited bottom camera) and Electr
Page 71 and 72: History and Status of Lobster and S
Page 73 and 74: Governing the Oceans In general, st
Page 75 and 76: In 1958, the Geneva Conventions on
Page 77 and 78: Authority within a Nation’s Exclu
Page 79 and 80: U.S. Ocean Policy, Regulatory Frame
Page 81 and 82: u The Oceans Act of 2000 382 establ
Page 83 and 84: development, analyzing climate chan
Page 85 and 86: u Sport Fish Restoration and Manage
Page 87 and 88: u Marine Debris Research, Preventio
Page 89 and 90: Governance refers to the entire pro
Page 91 and 92: Hawaiian Ocean Policy and Regulator
Page 93 and 94: DLNR/State Historic Preservation Di
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Page 97 and 98: can give formal testimony. If neces
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Page 101 and 102: And, adjacent to the Hualalai Resor
Page 103: Native Hawaiian Rights Asserted via
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Page 109 and 110: About the Hawaii Institute for Publ
Page 111 and 112: 21 U.S. Department of the Interior,
Page 113 and 114: 79 Hawai‘i International Seafood,
Page 115 and 116: 155 Magnuson-Stevens Fishery Conser
Page 117 and 118: 235 Id. 236 d. 237 Id. 238 Id. 239
Page 119 and 120: 318 Councilmember comments at the M
Page 121 and 122: 394 16 U.S.C. 1852 § 302, at http:
Page 123 and 124: 479 http://www.Hawaii.gov/dlnr/dar/
Page 125 and 126: Waters: Native Hawaiians have an in
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Hawai'i Fisheries Initiative - The Hawaii Institute for Public Affairs

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