Narrative Opinion Summary
In this case, a petitioner sought a declaratory order from the Board of Land and Natural Resources (BLNR) regarding the issuance of commercial marine licenses (CMLs) to foreign nonimmigrant crewmembers on longline fishing vessels. The petitioner argued that Hawaii Revised Statutes (HRS) 189-5 prohibits such licenses for individuals not lawfully admitted to the U.S. for activities in state waters. The BLNR denied the petition, noting that longline vessels operate outside state waters, primarily fishing for highly migratory species. The Circuit Court of the Second Circuit upheld this decision, which was affirmed by the Supreme Court of Hawai‘i. The court found that HRS 189-5 restricts fishing activities within state waters but does not apply to activities beyond those boundaries. The BLNR interpreted 'waters of the State' as extending twelve nautical miles from the shore, and the vessels in question operated beyond this area. Thus, the issuance of CMLs to foreign crewmembers fishing outside state waters was deemed lawful. The petitioner's claims regarding labor practices and interpretations of state jurisdiction were dismissed, and the court concluded that federal law governs the areas where these vessels operate, aligning with the Magnuson-Stevens Act and federal oversight of the Exclusive Economic Zone (EEZ). Ultimately, the circuit court's judgment was affirmed, permitting CML issuance under HRS 189-2 without conflicting with HRS 189-5.
Legal Issues Addressed
HRS 189-5 Prohibition on Non-Admitted Aliens in State Waterssubscribe to see similar legal issues
Application: The statute prohibits individuals not lawfully admitted to the U.S. from commercial fishing within state waters, but this does not apply to fishing outside these waters.
Reasoning: HRS 189-5 explicitly prohibits individuals not lawfully admitted to the U.S. from taking marine life for commercial purposes within state waters, and this statute is deemed unambiguous.
Issuance of Commercial Marine Licenses (CML) to Foreign Nonimmigrant Crewmemberssubscribe to see similar legal issues
Application: The court affirmed that the Department of Land and Natural Resources (DLNR) can issue CMLs to foreign crewmembers fishing outside state waters, as HRS 189-5 does not prohibit such issuance.
Reasoning: The Supreme Court of Hawai‘i concluded that the DLNR is not restricted from issuing CMLs to foreign crewmembers fishing for highly migratory species outside state waters, affirming the circuit court's ruling.
Jurisdiction Over Fishing Activities in State Waterssubscribe to see similar legal issues
Application: The BLNR clarified that longline fishing vessels operate outside of Hawaii's defined oceanic boundaries and state jurisdiction does not extend to fishing activities occurring beyond these boundaries.
Reasoning: The BLNR concluded that longline boats do not fish in this twelve-mile area and noted that Article XI, section 11 of the Hawaii Constitution does not alter the state's boundaries but asserts rights within the exclusive economic zone (EEZ) for managing natural resources.
Legal Standards for Reviewing Agency Decisionssubscribe to see similar legal issues
Application: The review of the circuit court's decision involves determining if substantial rights were prejudiced due to procedural errors or being clearly erroneous or arbitrary as per HRS 91-14(g).
Reasoning: Reviewing the circuit court's decision involves determining if it was correct based on HRS 91-14(g). This statute allows for affirming, remanding, or reversing agency decisions if substantial rights were prejudiced due to violations of law, exceeding authority, procedural errors, or being clearly erroneous or arbitrary.
Statutory Interpretation of 'Waters of the State'subscribe to see similar legal issues
Application: The BLNR determined that 'waters of the State' are defined as 'state marine waters' extending twelve nautical miles from the shoreline, and longline vessels do not fish within these waters.
Reasoning: The Board of Land and Natural Resources (BLNR) interpreted 'waters of the State' as 'state marine waters,' defined under 1990 Haw. Sess. Laws Act 126 to include the 'territorial sea,' which extends twelve nautical miles from the shoreline.