HOUSE OF REPRESENTATIVES

H.R. NO.

115

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 


HOUSE RESOLUTION

 

 

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO REQUIRE applicants for COMMERCIAL MARINE LICENSES to provide COPIES of the agency contracts of EVERY foreign labor worker employed by the prospective licensee.

 

 

 


     WHEREAS, section 189-2, Hawaii Revised Statutes, provides that any person who takes marine life for commercial purposes in or outside of the State, or any person providing vessel charter services in or outside of the State, shall first obtain a commercial marine license; and

 

     WHEREAS, the Department of Land and Natural Resources (Department) is authorized to grant commercial marine licenses and to adopt rules necessary to regulate commercial marine fishing; and

 

     WHEREAS, there are approximately 700 foreign workers in the commercial marine fishing industry in Hawaii, who catch up to $110,000,000 worth of seafood annually; and

 

     WHEREAS, foreign workers are often deprived of certain labor rights that are available to American workers in this industry because commercial fishing boat owners in the State are exempt from certain federal labor laws; and

 

     WHEREAS, foreign workers are highly vulnerable to exploitation because they are often detained on the boats where U.S. Customs and Border Protection requires boat captains to hold the fishers' passports, which results in a lack of access to legal services for the workers; and

 

     WHEREAS, all workers in the commercial marine fishing business, both foreign and domestic, should have the right and opportunity to sufficiently understand the details of their work contracts prior to signing; and

     WHEREAS, more comprehensive records are needed to provide greater accountability in the employment of foreign workers in this industry; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, that the Department of Land and Natural Resources is urged to require that, prior to granting any commercial marine license, the applicant shall provide the Department with copies of the agency contracts of every foreign labor worker employed by the prospective licensee; and

 

     BE IT FURTHER RESOLVED that the records of agency contracts should be required only for foreign labor workers' agency contracts and will be retained only for record keeping purposes; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chair of the Board of Land and Natural Resources.

 

 

 

 

OFFERED BY:

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Report Title: 

Commercial Marine License; Agency Contracts; DLNR