False statements vs A. Samoa’s tuna industry

To Gov. Togiola T.A. Tulafono
Governor of American Samoa

Thank you for your recent constructive statements in the media raising concerns about legislation by the Delegate in Washington, D.C., which would negatively impact American Samoa’s tuna industry. We also appreciate the Fono President and Speaker for speaking-out about serious substantive problems in the bill and the lack of any consultation with the Islands’ leaders. On behalf of the United States Tunaboat Owners Coalition (USTOC), an ad hoc group representing the Pago Pago-based tuna fleet, I want to take this opportunity to express our concerns with the Delegate’s bill.

Unfortunately, the Delegate recently made false and inaccurate statements regarding American Samoa’s tuna fishing industry as reported in the June 20, 2008, Samoa News. Mr. Faleomavaega’s criticisms of the Pago-based tuna fleet are a smoke-screen to hide from the public his legislation to give away American Samoa’s valuable ship-building entitlement and the exclusive right of U.S.-built boats to fish in neighboring U.S. Pacific Islands’ waters. His foreign-built boats can then take fish from those areas without any guarantee that they will bring their catch to American Samoa’s canneries.

Faleomavaega quietly introduced his give-away provision, H.R. 3669, last September 26, 2007. It is telling that Faleomavaega’s little secret bill had no co-sponsor, no hearing in Washington or American Samoa, nor was it ever voted upon in the subcommittee or full committee of jurisdiction. Instead, Faleomavaega’s gift to his foreign friends was silently inserted into the House Coast Guard Authorization Act, H.R. 2830, in April, 2008. In fact, the Delegate did not have the courtesy to discuss his plan and the harmful impact on our tuna fleet or the economy of the Territory we both call home.

It is shocking to discover that Faleomavaega’s provision gives foreign-built boats, without any apparent payment, the right to fish in the vast waters around the U.S. islands north of Samoa: Baker, Howland, Jarvis, Johnston, Kingman Reef, Palmyra Atoll, and Wake Island. Fishing in these islands’ waters is currently reserved under law for boats built under the U.S. flag, including of course, American Samoa. The Delegate drastically understates the number of boats in the U.S. tuna fleet to justify his scheme to allow Asian-built boats to take fish in our waters and undermine American Samoa’s ship-building potential.

Contrary to the Delegate’s arithmetic, most of the 40 U.S. licenses to fish for tuna under the South Pacific Fisheries Treaty have been issued. There are currently 26 boats in the U.S. tuna fleet and at least another 8 are expected to join between now and next year. There is a real opportunity for new U.S.-built tuna boats.

As your Economic Advisory Council recently reported, a ship repair and building industry has the potential to create new high paying jobs and expand American Samoa’s economy. A key attraction for investment in the Islands’ ship-building industry is that all tuna boats built in Pago may apply for a U.S. fishery endorsement and have the exclusive right to fish in the EEZs of the remote Pacific island areas. Giving away U.S. fishery endorsements to foreign-built boats will nullify the most important investment incentive for the American Samoa ship-building industry.

Also, contrary to Faleomavaega’s assertions, virtually all of our Pago-based boats deliver our tuna fish to American Samoa canneries. I am sure you have been watching for many years our boats going out and returning to deliver fish to American Samoa’s canneries. Therefore, you may be aware that our Pago-based boats have contracts with the canneries to deliver our catch, which obviates the need for contracts with the American Samoa Government that has no canneries. Our boats use the latest technologies and monitoring procedures to insure tuna is dolphin-safe and to eliminate any adverse by-catch. You can be certain we always feel proud and fortunate to return home from grueling long-distance fishing to one of the finest, peaceful, deepwater ports in the Pacific—where the American flag flies.

Regrettably, to our dismay, the newest licensed tuna boats in the fleet, not based in Pago, have been catching fish all year, and to our knowledge, have not brought any fish to the canneries. This is not surprising, as they have no contract with the canneries, nor have they hired anyone from American Samoa. This established pattern is alarming as it demonstrates that under the Delegate’s bill there is no guarantee that foreign-built boats will deliver their catch to the canneries in Pago or employ any people from American Samoa, especially since they have contracts elsewhere and would be free to transship their fish to a mother ship and ignore our labor and environmental standards.

The Delegate also blatantly mischaracterizes the genesis of the current tuna treaty and the contributions of the Pago-based fleet. The fact is we can all be proud of the South Pacific Tuna Treaty (SPTT) as a major U.S. diplomatic and economic success, which was spurred by efforts of the U.S. tuna fleet to supply American Samoa canneries while fully complying with U.S. and international law.

In 1984, prior to the formation of the SPTT, one of the Pago-based boats, the Jeanette-Diana, was seized while legally transiting consistent with U.S. law, outside of the 12-mile territorial waters of the Solomon Islands. Ultimately the ship was released, as it was recognized the ship had been in full compliance with U.S. law. However, to prevent further disruption to American Samoa’s tuna industry and boats, the U.S. and 16 Pacific Island countries entered into the SPTT that serves as the basis for American Samoa’s tuna fishing industry.

The Delegate further obscures the effect of his give-away legislation, by opposing fishing by his Asian-built boats in American Samoa’s 200-mile EEZ, and proposing to offset their loss of not fishing around American Samoa by granting the foreign boats the right to fish in the U.S. remote Pacific Islands. Thankfully Faleomavaega has no authority to unilaterally make such a trade, particularly as it puts at risk the amount of tuna delivered to the canneries and American Samoa’s shipbuilding potential.

In addition, Faleomavaega’s proposed 100-mile fishing ban around American Samoa for all Pago-based boats shows he is out of touch with American Samoa’s tuna industry. Our Pago-based boats currently follow the 50-mile limit on fishing or gear-testing, even though it is harsh on the environment as gear-testing over 50-miles out and then back requires burning excessive amounts of fuel. The Pago-based boats actually only occasionally fish for tuna in American Samoa’s EEZs. Primarily, they chase the highly migratory tuna up around the remote U.S. islands, before bringing them back to the canneries in our home port in American Samoa.

As you may know, many of the Pago-based boats have relations with American Samoa that go back over 40 years. We consider this our home and have developed deep ties with many employees, friends, and people in the community. We consider the millions of dollars spent locally on fuel, supplies, services, and fees and taxes as an investment in our collective future.

Your recent support of the canneries and initiatives to expand American Samoa’s economy is appreciated and welcomed by Pago-based tuna fishing vessels. It is our hope that many new tuna fishing vessels will be built and commissioned here in American Samoa. However, to preserve that vision, we urge you to oppose the Delegate’s give-away provision pending in Congress. The future of American Samoa’s tuna fishing industry, canneries, and economy depends on it.