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Alleged labor trafficking in Washington spotlights vulnerability of foreign fishing vessel workers

ITF, community activists, seek justice, accountability, and wages for the ‘United 6’

The International Transport Workers Federation (ITF) is raising awareness around a case of alleged labor trafficking of a group of Filipino fishermen in Washington State. The case was brought to the attention of Puget Sound ITF Inspector Cyrus Donato by family members of the fishermen. Activists from the Filipino community in Western Washington also alerted federal authorities. The case is under federal investigation with assistance from the Coast Guard, Customs Border Patrol, the U.S. Department of Justice Human Trafficking Prosecution Unit, and local authorities.

Stranded in Westport

The case involves 24 Filipino fishermen working for California-based McAdam’s Fish who were contracted through Pescadores International, a Filipino labor agency. The workers say they were stranded and isolated on board fishing vessels in Westport, WA for more than three months without receiving their full wages and in substandard conditions while the company waited for the price of fish to increase, according to a news report by Cascade PBS. McAdams said Pescadores was responsible for the timely payment of wages to the workers and stated that the time spent docked in Westport was “longer than normal,” the PBS report stated.

Before docking in Westport, the workers spent four months fishing for albacore tuna along the West Coast. The fishermen would work up to 17-19 hours a day catching tuna using a “pole and line” method—considered to be one of the most sustainable methods of fishing because of the low rate of  “bycatch” (the catching of other marine species unintentionally) and because it has a lower environmental impact than trawling. The tuna were then flash-frozen and stowed onboard the vessel. “Pole and line” caught fish certified by the Marine Stewardship Council is often marketed as eco-friendly to consumers willing to pay a premium for more green-friendly products. However, the eco-friendly certification obscures the human cost paid by vulnerable workers in the global fishing supply chain. 

In September of last year, the vessels docked in Westport to unload their catch.  All but one of the captains departed after docking leaving the Filipino fishermen stuck onboard the vessels for months without pay until federal authorities finally intervened in late December 2023. 

Visas and vulnerability

The U.S. does not require foreign fishing workers on U.S.-flagged vessels to have work visas and as a result, they could not legally leave the boats and workers say they felt trapped. The workers said they were told they faced a $4,200 fine if they so much as stepped onto the dock, preventing them from using the bathroom or visiting fishermen stranded on other boats. 

“It’s like the children’s game ‘the floor is lava,’” explained Donato,” describing the tragic and absurd situation the workers faced. “If you touch the pier you get a $4,200 fine, and you’re shipped back to your country without receiving your full wages.”

The workers were confined on five separate 20-foot vessels. Donato explained, “These vessels aren’t deep draft commercial ships with a full range of amenities. In the eyes of the government, these workers don’t exist, leaving them isolated and vulnerable.”

Six of the fishermen left the vessels with federal agents and are cooperating with the investigation.

The United 6

The six workers who remained in the U.S. have dubbed themselves the “United 6.” In addition to cooperating with the investigation, they have been fighting for $6,404.05- $7,449.55 in back wages workers say that each of them is owed, and working with Filipino community organizations to raise awareness about the vulnerability of foreign fishermen. The workers have been granted “Continued Presence” designation by the U.S. government, a temporary immigration designation given to individuals identified by law enforcement as victims of human trafficking.

Far-reaching impacts

ITF West Coast Coordinator Ryan Brazeau explained the far-reaching impact that the failure to pay proper wages or failure to pay wages on time can have on seafarers’ families back home.

“There is a snowball effect that comes with not being paid wages on a regular basis. It doesn’t stop at the seafarer, especially for Filipino workers who have extended family members dependent on them. It can affect their access to health care or their ability to afford food. It is common for an extended family to live in one domicile and they are all affected if one company is not paying a seafarer or a fisherman their regular wages. It can be catastrophic,” said Brazeau.

In addition to the wage issue, the workers say they were made to endure living in inadequate and substandard conditions while confined to the vessels for three months. According to a Justice for the United 6 campaign fact sheet, those conditions included : 

  • Inadequate facilities on the boat that affected the daily needs of the fishermen like hot water for bathing; 
  • Lack of adequate medical care; 
  • Being forced to defecate and urinate on the vessel without proper sewage or cleaning; 
  • Isolation that affected their physical well-being and mental health.

Filing for abandonment 

Donato said the ITF filed five abandonment claims against McAdams’ vessels with the International Labor Organization and they have been accepted. Abandoned status indicates that a ship owner failed to fulfill certain obligations to a seafarer such as the timely repatriation, payment of outstanding wages, and providing necessities such as adequate food, accommodation, and medical care. “It is the first time U.S. flagged fishing vessels have been listed as abandoned by the ILO,” he said.   

Impact of isolation

At a recent community forum in Seattle, Reyner Dagalea, one of the United 6, spoke about his experience stuck aboard the vessel which resulted in feelings of severe isolation. “I stayed alone in the boat. I felt so sad and lonely during my stay there. This is the first time I stayed alone in the boat since we cannot go to another boat or anywhere else but only stay inside the boat,” Dagalea said. “I felt like a prisoner on board. I always remember my family in the Philippines, worried that I cannot support them financially due to the situation. I was deprived of my freedom and not treated like a human being.”

Bureaucratic confusion

Factors contributing to the vulnerability of foreign fishing workers on US-flagged vessels include overlapping jurisdictions by agencies and departments and U.S. Immigration laws that leave workers with little protection. The Immigration and Nationality Act excludes most foreign fishermen employed on U.S. vessels from eligibility for nonimmigrant visas.

“The core problem is that U.S. law specifically excludes these fishermen from getting traditional crew member visas. If you have someone who doesn’t have a work visa, that creates a vulnerability, and compounds the asymmetry in power that can be exploited,” Donato said.

Proper government oversight is hampered by overlapping jurisdiction and confusion as to which U.S. agencies bear the responsibility for monitoring the labor conditions of fishermen who are not considered to be legally present in the U.S, according to a 2019 report, The Price Of Paradise, published by the Georgetown Law Human Rights Institute.

“At sea and at the piers, various agencies and departments have jurisdiction to address fishing and immigration regulations, as well as direct or indirect statutory authority to address forced labor. However, overlapping jurisdiction creates confusion regarding which agency or department holds responsibility for addressing forced labor or other abuses on U.S.-flagged fishing vessels. As a result, neither advocates nor fishermen know where to report abuses,” the report states.  

To illustrate the point, Donato notes that U.S. law requires that foreign fishermen have a signed labor contract. “Regulators check to ensure that there is a contract, but no one checks to make sure that employers are living up to the terms of the agreement,” he said.

The report continues: “All of these vulnerabilities are further aggravated by the fishermen’s lack of familiarity with U.S. law and fear of being deported if they assert their rights. Strong competition, spurred by a booming global fishing industry and a ready supply of vulnerable and inexpensive foreign workers, renders the fishermen’s employment structurally precarious. When aggregated, these conditions strip away the fishermen’s bargaining power and exclude them from basic legal protections, leaving them at greater risk of being exploited or subjected to forced labor.”

A 2021 Task Force on Human Trafficking in Fishing in International Waters Report to Congress similarly concludes that fishing workers are uniquely vulnerable: “Fishing vessel workers, especially foreign workers, lack most basic labor protections and are unlikely to be in a position to report even extreme violations such as forced labor crimes.”

Donato said that the ITF doesn’t usually inspect fishing vessels such as these on the West Coast unless a case is brought to their attention. “I have the right to board deep draft commercial ships at MTSA (Maritime Transportation Security Act) regulated facilities but these fishing vessels aren’t MTSA regulated, so it’s another gray area but I fundamentally have the right to materially assist those that request it,” Donato said. “The Westport case has demonstrated a need to provide better protections for workers on these fishing vessels.” 

The need for reform

Chris Williams with ITF’s Fisheries Section noted the irony of the situation that the U.S., a vocal advocate in combating trafficking in the fishing industry throughout the global fishing supply chain, has failed to address the issue off its coasts and in its ports.  

“The U.S. is pushing levers all over the world, funding projects, and running campaigns to combat forced labor in fishing. But then there appears to be no political will to sort out the same structural factors and legal immigration loopholes domestically. The vulnerability created for migrant fishers makes them easy to exploit for profit, and the USA should be leading by example to put an end to this and ensure all workers in America have protections and rights at work.” he said.

To date, there has been few efforts by legislators to improve protections for foreign fishermen.  In 2017, after the Associated Press reported on the conditions of 700 longline fishing workers without visas who were confined to vessels in Honolulu, Hawaii Senator Mazie Hirono, introduced a bill, co-sponsored by Senator Brian Schatz, that would have created a visa category for foreign crewmembers employed on Hawaii-based longline fishing vessels, but the bill never got out of committee. The ITF is advocating for changes to U.S. laws, better government oversight and enforcement, and is looking into ways West Coast inspectors can better monitor conditions for fishing vessel workers including gaining access to boats to be able to speak with the crews. 

The United 6 continue to speak out to raise awareness as they seek accountability, justice, and reforms that will protect foreign fishing vessel workers. The government has not provided an update on the status of the investigation or whether any charges will be filed. 

To find out more about the case of the United 6 you can visit: https://linktr.ee/justiceforunited6.