The Hawaii Supreme Court heard oral arguments Friday in a case that has the potential to upend the state鈥檚 longline fishing industry that lands about $100 million of fresh seafood each year, most notably ahi tuna.

The case centers on whether the state should continue granting commercial fishing licenses to foreign fishermen who are not legally allowed to set foot on U.S. soil.

An in 2016 found that many of these fishermen live in terrible conditions while earning as little as 70 cents an hour.

Cuts of ahi await inspection by competitive bidders at the Honolulu Fish Auction Tuesday, November 20, 2018. This fresh fish display style auction is the only fresh tuna auction in the United States and fish sold here are plated both locally and around the world. (Civil Beat photo Ronen Zilberman)
A scene from inside the Honolulu fish auction where fresh ahi caught by Hawaii’s longline fleet is bought and sold. Ronen Zilberman/Civil Beat

Malama Chun, a Native Hawaiian waterman from Maui, is the plaintiff in the case. He鈥檚 argued that the commercial longline industry in Hawaii has infringed on his cultural practices by decimating fish populations in part by perpetuating the exploitation of foreign labor.

If the Supreme Court decides that foreign fishermen who are not legally allowed to be in the U.S. can no longer obtain licenses from the state it could force the 140-vessel longline fleet to find new crews and pay more in wages and benefits.

鈥淲hat is a total win for Malama Chun?鈥 asked Lance Collins, the attorney who argued the case on Chun鈥檚 behalf Friday. 鈥淎 total win for Malama Chun is that the boat owners pay these fishermen a living wage and that they have full and free access to legal process and medical as needed when they鈥檙e in Hawaii.鈥

California attorney Geoffrey Davis, who represented the Hawaii Longline Association, told the court that any decision that might force the state鈥檚 fishing fleet to land its catch elsewhere would hurt the local economy.

鈥淭he reality is American citizens don’t want to work on these boats and don’t want to earn the wages that are available,鈥 Davis said. 鈥淭he foreign workers are an important part of this sector of the economy.鈥

Their work is even more critical now, he said, as the state tries to recover from the economic crisis caused by the COVID-19 pandemic.

鈥淚t鈥檚 the largest single crop in the state and the workers return year after year to work for the tuna boats,鈥 Davis said. 鈥淭hey are experienced, knowledgeable and they make the longline fishing boats safer and more efficient.鈥

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