“It has the fig leaf of legality,” said Cornell University law professor Stephen Yale-Loehr, who, like other leading immigration experts contacted by AP, was unfamiliar with Hawaii’s arrangement. “This is inconsistent with the general notion in American values, if not law, that workers should be paid a fair wage and not be mistreated.”
Hawaii’s fishing industry is otherwise one of the most tightly regulated for catch limits and sustainability, attracting companies that pride themselves on being ocean-friendly. Supermarkets, restaurants and chefs selling the seafood condemned labor abuse.
President Barack Obama’s recently expanded protections in Hawaii created the world’s largest marine preserve but didn’t address working conditions. Honolulu’s fleet gets only about 10 percent of its catch from the entire restricted area.
U.S. Customs and Border Protection and the Coast Guard routinely inspect the Hawaiian boats. At times, fishermen complain they’re not getting paid and officers say they tell owners to honor the contracts. But neither agency has any authority over actual wages.
“This is a unique situation,” said Coast Guard vessel examiner Charles Medlicott. “But it is legal.”