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In his capacity as Chairman of the House Subcommittee on Asia, the Pacific, and the Global Environment, Congressman Faleomavaega recently traveled to Indonesia and Thailand to meet with leaders of government. Among those he met with was Retired Admiral Freddy Numberi, Minister of Maritime Affairs and Fisheries for the Indonesia government. The two discussed issues relating to fish management and conservation, international fishing rights, and the impact of mining for natural resources on the environment.


Press Releases_


FOR IMMEDIATE RELEASE

December 12, 2008

WASHINGTON, D.C. - Faleomavaega provides update regarding meeting with StarKist; makes no apologies for supporting Minimum Wage increases

Congressman Faleomavaega announced today that he is providing the people of American Samoa with an update regarding the high-level talks that took place earlier this week between StarKist, Dongwon, and ASG officials. The meeting was held at the Governor and Faleomavaega's request in response to StarKist's announcement that it would eliminate twenty full-time salaried positions, hourly employee pension benefits, seven paid holidays, paid vacation for hourly employees, and additional activities that benefit hourly workers effective January 1, 2009.

"I thank Mr. Kim Jae-Chul, Chairman and CEO of Dongwon, for coming to American Samoa and listening to our concerns," Faleomavaega said. "Chairman Kim is the owner of a multi-billion dollar business conglomerate and recently purchased StarKist for some $363 million. Until now, he has only heard Del Monte's side of the story when it comes to StarKist Samoa. As a result of our meeting on Tuesday, December 9, I believe he has a clearer understanding of the real issues facing our cannery workers."

"First and foremost, I believe he fully understands that cutbacks are not coming as a result of minimum wage increases or the uncertainty of federal 30A tax credits, as StarKist alleged. In fact, Chairman Kim revealed in the meeting that figures have shown a 20% decrease in production due to a 20% drop in sales after Dongwon took over from Del Monte, a drop that Del Monte officials who are managing StarKist through an agreement with Dongwon attribute to marketing reasons."

"Since our Samoan workers are not responsible for marketing or sales, my suggestion to Dongwon is to cut the jobs and benefits of those at StarKist headquarters in Pittsburgh who are responsible for bringing on these losses. But don't cut the jobs and benefits of Samoan workers, and don't hide behind minimum wage and 30A tax credits as an excuse for doing so," Faleomavaega said. "As I stated in my letter to StarKist, the federal government does not owe StarKist or any other corporation federal tax breaks. Even so, I worked to get StarKist and Chicken of the Sea a tax incentive package worth over $33 million."


"With $33 million worth of tax breaks for our canneries, I make no apologies for supporting an increase in minimum wage for our workers. I supported the first increase of 50 cents per hour for our workers, and when that increase showed no harmful effect on our cannery operations, I supported the second increase of 50 cents per hour. Because StarKist purposely and intentionally suppressed the wages of Samoan workers for some 50 years, I believe our cannery workers deserved this long over-due increase which has equated to only ten cents per hour over the past ten years, and only two pennies per hour over the past 50 years."

"Like I said before, if our canneries had done right by our workers at a time when the company was profitable, the federal government would not have had to step in and increase wages for our Samoan workers. But neither cannery was willing to do the right thing and now both are faced with escalating minimum wage rates. While I stand prepared to work to eliminate mandated yearly increases in minimum wage, I will only do so if StarKist is willing to deal fairly with our people."

"Fairness to me means that StarKist must not make Samoa suffer for Pittsburgh's mistakes. Since the marketing and top management teams at StarKist Pittsburgh are responsible for the 20% loss in production and sales, then the marketing and management teams in Pittsburgh should be held responsible and have their jobs and benefits cut. But for StarKist's President to suggest that our cannery workers in Samoa should pay for Pittsburgh's mistakes is just plain wrong, and just another example on the part of StarKist to continue the policy of having Samoan workers carry the burden of its corporate mismanagement and poor marketing initiatives that have led to StarKist's unprofitability."

"I stand firmly on the conviction that StarKist should be more upfront with its business dealings rather than using scare tactics and penalties that are costing our people their jobs and livelihood. I also believe StarKist should take a hard look at the views expressed by Congressman George Miller, Chairman of the House Committee on Education and Labor, and Senator Edward Kennedy, Chairman of the Senate Committee on Health, Education, Labor and Pensions, in a letter dated March 14, 2008 to Secretary of Labor Elaine Chao, pointing out the failure of the Department of Labor (DOL) to issue a comprehensive and detailed assessment of the impact of the minimum wage increases on living standards and employment rates in both American Samoa and the Commonwealth of the Northern Mariana Islands (CNMI)."

"Given that StarKist has tried to use minimum wage as an excuse for cutting jobs in American Samoa, I provided Chairman Kim and everyone else at Tuesday's meeting with a copy of this letter. As a matter of record, Congressman Miller and Senator Kennedy informed Secretary Chao that, in the case of American Samoa, the DOL had access to a long history of testimony from our canneries before the Special Industry Committees in which they stated that any increase in the minimum wage would result in a curtailment of employment. But their testimony was directly contradicted by the fact that the canneries have reported no discernible job losses in the wake of the July 2007 wage increase of 50 cents, the largest single increase in the history of American Samoa."

"While I could not agree more with Governor Togiola's statement on the importance of our relationship with the canneries, I continue to stand by our workers and believe cuts should begin at StarKist headquarters in Pittsburgh, not in American Samoa. It is my understanding that Chairman Kim will be in Pittsburgh next week, and I am committed to working with him and Governor Togiola to find a solution that keeps StarKist profitable and that is also respectful of our workers. As I said in our meeting, I want StarKist to make money and I also want our Samoan workers to earn decent wages. To this end, the Governor and Chairman Kim have my full support as we work together to resolve this situation in a way that is fair for everyone," Faleomavaega concluded.


FOR IMMEDIATE RELEASE

December 1, 2008

Washington, D.C. -- Faleomavaega to meet with U.S. Tuna Industry, including Chairman Kim, CEO of Dongwon

Congressman Faleomavaega announced today that he will be meeting this week in San Diego with U.S. tuna boat owners, the South Pacific Tuna Corporation, Bumble Bee, and Chicken of the Sea to discuss important issues affecting the industry including minimum wage, 30A tax credits, and pending legislation to treat all U.S. tuna boat owners the same.

After meeting with industry leaders in San Diego, the Congressman will fly into American Samoa on Sunday night, December 7, with Chairman Kim of Dongwon who will be making a site visit of his newly purchased StarKist operations in Pago Pago. The Congressman called Governor Togiola on Sunday Nov 30 but was unable to reach him but informed the Governor by email of his and Chairman Kim's anticipated arrival in the Territory.

"Governor Togiola and I are fully committed to working together to do everything we can to protect the jobs of our workers, and we are hopeful that under new ownership StarKist will become a better corporate citizen that is more appreciative of the sacrifices our people have made in making the brand a success," Faleomavaega said. "While we cannot know at this time what may transpire in the future, I believe it is a positive step that Chairman Kim is coming to American Samoa to review the current situation now facing our employees."

"At the local and federal levels, the Governor and I have assured Chairman Kim that we are prepared to do our part to make sure StarKist has the support it needs to continue its operations in American Samoa. In turn, we expect StarKist to do its part by doing right by our workers. As this matter progresses and discussions take place, we will keep our people updated about where the Territory now stands with the U.S. tuna fishing and processing industries," Faleomavaega concluded.


FOR IMMEDIATE RELEASE

November 25, 2008

Washington, D.C. -- Faleomavaega calls upon Starkist to do right by American Samoa's workers

Congressman Faleomavaega announced today that he has called upon StarKist to do right by American Samoa's workers. In a letter to Mr. Don Binotto, President and CEO of StarKist, Faleomavaega responded to the company's recent announcement to eliminate the jobs and benefits of cannery workers employed at StarKist Samoa. Faleomavaega copied his letter to Senator Daniel Inouye, Governor Togiola, and Dongwon Chairman and CEO Kim Jae-Chul, and included a copy of his 2005 minimum wage statement before Special Industry Committee No. 26. The full text of the Congressman's letter is included below.

Dear Mr. Binotto:

I am writing in response to StarKist's recent announcement, effective January 1, 2009, to introduce alleged cost-saving measures in American Samoa by eliminating twenty full-time salaried positions; hourly employee pension benefits; seven paid holidays; paid vacation for hourly employees; and additional activities that benefit hourly workers currently employed at StarKist Samoa.

Like Governor Togiola, I have already requested a meeting with Dongwon Chairman and CEO Kim Jae-Chul who I had the opportunity to meet in South Korea. As a matter of courtesy, I am copying the Chairman on my letter to you because I believe it is important for him to understand American Samoa’s history with StarKist.

As you know, StarKist and Chicken of the Sea are first in line to ask for federal and local handouts and last in line to do right by their workers. For the past two years, my office worked to obtain a $33 million federal income tax break for both canneries at a time when the United States is faced with an unprecedented financial crisis. By the same token, the American Samoa Government offers both canneries local tax breaks, the terms of which I believe should be made public, as the people of American Samoa deserve to know how their taxes are being spent.

Given that StarKist and Chicken of the Sea are being subsidized by hard-working taxpayers, it is disappointing that in your new capacity as President and CEO you chose not to consult with our elected leaders before making a decision to layoff management and cut the benefits of hourly employees at your canneries in American Samoa. Rather, you chose to inform us of your decision only hours before your statement was made public. While you are not required to consult with American Samoa's elected leaders, you also cannot have it both ways. On the one hand, you cannot request our assistance for federal and local tax breaks and, on the other hand, eliminate the jobs and benefits of our workers without the courtesy of having a discussion with us. Informing us beforehand of your intentions is of no consequence when you have already determined your course of action.

What is most troubling about your course of action is your reasons for it. In your public announcement, you stated that StarKist must eliminate the jobs and benefits of American Samoa's cannery workers due to minimum wage increases and the uncertain federal tax treatments of your revenues, namely 30A tax breaks. Let me remind you that in StarKist's pre-hearing statement submitted under oath to the U.S. Department of Labor's Special Industry Committee No. 25, StarKist stated that "favorable local and federal tax treatment makes little difference to our canneries." Having sworn under oath that tax breaks make little difference to your operations, it is dishonest for StarKist to now tell the people of American Samoa that it must cut the jobs of our Samoan workers due to the uncertainty of federal tax breaks.

For your information, the federal government does not owe StarKist, or any other private corporation, tax breaks to conduct business. As you can appreciate, the American taxpayer is fed up with bailing-out corporate fat cats, like the CEOs of your former parent companies, who paid themselves salaries and bonuses in excess of over $30 million per year while robbing their workers of decent wages. The American economy is collapsing as a result of this kind of corporate greed. This is why the days of extending tax credits for ten years at a time are long gone. Tax credits, if extended at all, will be extended for two-years at a time, as was the case with the tax credits extended by the 109th and 110th Congresses.

Regarding minimum wage, I am enclosing my 2005 statement before Special Industry Committee No. 26 so that you may have a better understanding of American Samoa's relationship with the U.S. tuna fishing and processing industries. To be clear, from the day StarKist arrived in American Samoa some 50 years ago, StarKist has worked to suppress the wages of Samoan workers. In fact, before every Special Industry Committee convened by the U.S. Department of Labor to determine minimum wage rates for our workers, StarKist submitted testimony claiming that it could not afford wage increases even during times when the company was exporting billions of dollars of canned tuna from American Samoa to the United States. Because neither StarKist nor Chicken of the Sea could be trusted to do right by our workers, the federal government finally stepped in and increased wage rates for our hourly workers making less than the federal minimum standard. The increased wage rates you now pay are still less than the federal minimum standards and equate to an increase of only ten cents per hour over the course of the past ten years, or pennies on the dollar over the course of the past 50 years.

So, I would very much appreciate it if StarKist would stop hiding behind flimsy excuses about why you are cutting the jobs and benefits of our Samoan workers. Be truthful and tell our workers that the real reason you have to cut their benefits is due to corporate mismanagement and greed. If we begin from that premise, then perhaps we can find our way to the middle and resolve this situation in a manner that is mutually beneficial. For example, if you inform our people that you and your top management are willing to give up your paid vacation and pension benefits, and that your salaries will be also cut and some of your jobs will be eliminated, then I am sure that you will find that our Samoan workers will be willing to make similar sacrifices to help StarKist remain profitable in American Samoa. But, if you and your top management insist on retaining your benefits and your extravagant salaries, then you will not find the support you need as you attempt to manage StarKist under the terms of your two-year contract with Del Monte and Dongwon.

It is my understanding that as part of Dongwon's purchase of StarKist, Chairman Kim had to retain a Del Monte/StarKist management team for a two-year period, and I question why this was the case. After all, Dongwon paid $363 million to buy StarKist and there should be no further reason for Dongwon to pay out additional money to a Del Monte/StarKist management team that now publicly admits that it must introduce cost-saving measures to keep StarKist Samoa afloat. If StarKist really must introduce cost-saving measures in American Samoa after having received $363 million from Dongwon, then either Del Monte misled Dongwon about StarKist's worth, or StarKist is trying to take advantage of Chairman Kim and our Samoan workers by squeezing every last nickel out of us. I believe it is a combination of both and that your two-year management contract is just another example on the part of StarKist to continue a policy of having Samoan workers carry the burden of your corporate mismanagement and poor marketing initiatives that have led to StarKist's unprofitability. I also believe that StarKist's only loyalty is to its investors whose profits you wish to maximize at the expense of Dongwon and the people of American Samoa.

Since your loyalties lie elsewhere, I am hopeful that Chairman Kim will step in and accept our offer to come to American Samoa or San Diego to further discuss this matter. While I am aware of Governor Togiola's media comments, I stand prepared to work with him and include him in our discussions.

Faleomavaega concluded his letter by stating, "At best, I am hopeful that Chairman Kim will offer up a course of action that is more respectful and appreciative of our Samoan workers who made StarKist the number one brand of canned tuna in the United States."


FOR IMMEDIATE RELEASE

WASHINGTON, D.C. - Faleomavaega believes Manu'a deserves better budgetary allocation

October 28, 2008

Congressman Faleomavaega today announced that after all these years of traveling to Manu'a to assess her many needs, one of the biggest problems why Manu'a continues to lag behind with its overall development is because there has never been any real serious decisions taken by both the executive and legislative branches of the local government to properly determine, for example, how much of this year's ASG $340 million budget, should be specifically earmarked for Manu'a's needs.

"Over the years, I suggested to our leaders that Manu'a is always at a disadvantage for development for the simple reason that nowhere are there specific allocations given for Manu'a and also serious benchmarks on the progress or lack of progress on projects that are determined by ASG as needed for funding. Put it another way, I could not find anywhere in this year's budget of $340 million how much of these funds are actually going to be used for Manu'a," Faleomavaega said.

"For example, I have stated that American Samoa receive the highest per capita expenditure in federal funding on education per student currently at about $4,200 per annum, while most states get only about $1,000 per capita per student. This year's Department of Education budget is now set for over $67.7 million - my question is how much of this goes for Manu'a's educational needs?" Faleomavaega said.

"Another example, for the past ten years, Congress appropriated over $100 million for capital improvement projects for American Samoa. Again, how much of this went for capital improvements in Manu'a? For the same ten-year period, Congress also allocated well over $230 million to provide support primarily for the operations of ASG's education and health care systems – and, how much of this went to Manu'a? My problem here is that this is not the responsibility of the Congress, but of ASG to determine what its priorities are - and in all this, Manu'a's needs are always buried somewhere in the budget process,” Faleomavaega added.

"In my opinion, Manu'a always gets the band-aide treatment by ASG. And as I recall, there are two separate and distinct treaties that Tutuila and Manu’a made with the United States years ago. And the question of fairness comes to play – and the only way Manu’a is ever going to receive better treatment and development, is for ASG to be more serious on earmarking monies from both federal funds and local revenues to go specifically for Manu'a's needs,” Faleomavaega concluded.


FOR IMMEDIATE RELEASE

October 7, 2008

Washington, D.C. -- Faleomavaega says Rosie's "Time Bomb" is a dud, and Governor Togiola is wrong again

Congressman Faleomavaega announced today that he is responding to Ms. Rosie Lancaster and Governor Togiolas call to action to remove section 421 from H.R. 2830. Section 421 is based on H.R. 3669, a bill Faleomavaega introduced to strengthen the US tuna fishing fleet. The bill was incorporated as section 421 of H.R. 2830, the Coast Guard Authorization Act of 2007, which passed the US House of Representatives on April 24, 2008.

"Almost six months after the fact, on September 30 and October 1, 2008, Ms. Rosie Lancaster and Governor Togiola have joined hands and issued press releases published one day apart using the same words and phrases to mislead our people on this very important issue,” Faleomavaega said. "While it is their prerogative to oppose my efforts to keep American Samoa's canneries strong, strengthen the US tuna fishing fleet, and protect the jobs of some 5,000 of our cannery workers, I intend to stand up for what is in the best interest of our economy and our people. This is why I am providing our people with a detailed response to the false allegations being put forward."

Background

"More than 80% of American Samoa's private sector economy is dependent either directly or indirectly on our tuna canneries which employ more than 74% of our private sector workforce. Given that the US tuna fishing fleet had dwindled down from about 40 tuna boats to only about 14, I introduced H.R. 3669 on September 26, 2007 for purposes of making sure our canneries have a constant supply of fish. Without boats, we have no fish. Without fish, we have no canneries. Without canneries, we have no jobs."

"The legislation I introduced builds on legislation which originated in the Senate Commerce Committee in 2005 when Senators Daniel Inouye and Senator Ted Stevens agreed to a request made by the U.S-flag tuna boat owners and the United States Tuna Foundation to allow the U.S.-flag tuna purse seine fleet, which fishes exclusively in the South Pacific Tuna Treaty Area and the South Pacific exclusive economic zones (EEZs) of the United States, to employ internationally licensed personnel to serve as officers due to a shortage of licensed US citizens willing to serve as officers on US tuna vessels. Specifically, the provision stipulated that of the 3 officers required to be on board, 2 could be foreign, but the captain must be a US licensed officer. This provision became law on July 11, 2006."

"While the House was not involved in the crafting of this legislation, I believe the legislation was necessary as it allowed for new tuna boats to be added to the US fishing fleet. In fact, with enactment of this provision, new tuna boats were purchased and added to the fleet by the South Pacific Tuna Corporation (SPTC). Contrary to Rosie's claims that these new vessels are part of a "Communist Chinese business partnership," the boats are owned by SPTC, a US tuna purse seine vessel management company, with US shareholders at 51% and Taiwanese shareholders at 49%, with the majority of US shareholders directly associated with Bumble Bee and Chicken of the Sea/Samoa Packing. For Rosie’s information, even the US State Department supported SPTC's efforts to rebuild our US tuna fishing fleet and asked SPTC if they would acquire some of Taiwan's tuna boats since Taiwan had exceeded its capacity limit, or the number of boats it could have in its fleet."

"SPTC agreed to the US State Department's request and purchased some of Taiwan's boats and also had Taiwan build some new tuna boats. All of these tuna boats were then added to the US tuna fishing fleet. These tuna boats are now part of the US tuna fishing fleet and, in accordance with US law, these tuna boats are registered and documented by the US Coast Guard, fly the US flag, are 51% majority-owned, and are licensed to fish in the South Pacific Tuna Treaty Area, including the foreign EEZs of the treaty areas of all 16 Pacific Island nations which are party to the agreement including Australia, Cook Islands, Federates States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, and Samoa."

"However, because our new boats were not built in the US, they do not have a fishery endorsement, and this is where Governor Togiola and Ms. Lancaster get confused."

Fishery Endorsements

"A fishery endorsement is reserved for boats built in the United States. In the case of our tuna boats, a fishery endorsement allows boats built in the US to fish in any portion of the United States exclusive economic zones bordering the South Pacific Tuna treaty area. These waters include territorial sea and fishery conservation zones adjacent to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI), and includes the waters surrounding the Pacific Island areas of Wake, Johnston, Howland, Baker, Jarvis, Palmyra, and Kingman Reef."

"Because our old tuna boats were built in San Diego, they can fish in the US waters bordering the South Pacific Tuna Treaty area. Because our new tuna boats were built in Taiwan, they cannot. Given that the US is party to the South Pacific Tuna Treaty and that our new US tuna boats are already licensed to fish in all parts of the South Pacific Tuna Treaty area except the US EEZs, I felt it was unfair that our newest US boats could not fish in our own US waters just because they were not built in the US, especially given that US shipyards have not built a US tuna vessel in more than 30 years."

"To provide equal treatment for all members of the US tuna fishing fleet and to make it possible for our new tuna boats to fish closer to American Samoa and offload at our canneries, I introduced H.R.3669 which is now section 421 of H.R. 2830, which was overwhelming passed by the US House of Representatives on April 24, 2008 by a vote of 395 to 7."

Section 421

Section 421 of H.R. 2830 states:

Section 12113 of title 46, United States Code, is amended by adding at the end the following new subsection:

A fishery endorsement is not required for a United States-documented purse seine tuna fishing vessel home ported in American Samoa while fishing exclusively for highly migratory species under a license issued pursuant to the 1987 Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America in the treaty area or in any portion of the United States exclusive economic zones bordering the treaty area."

Rosie and Governor Oppose Section 421 Based on 'Extensive Research' & 'Thorough Review'

In a press statement published by Samoa News on September 29, 2008, Ms. Rosie Lancaster says that she 'strongly supports the Governor's efforts in contacting Senator Inouye to have [section 421] stricken' and has issued a call to action based on her 'extensive research.'"

Ms. Rosie Lancaster states, "On the surface, [section 421] looks very positive however, HOW Title 46 is amended, is where the potential 'time bomb' for American Samoa exists… When a fishery endorsement is not required, it 'nullifies the entire Title 46, section 12108' and 'impacts the certificates of documentation as well, which are to certify compliance.'

Rosie's "Research" is Wrong

"Despite her 'extensive research,' Ms. Lancaster has misinterpreted section 421 and has confused and mismatched different sections of Title 46. First of all, section 421 amends section 12113, not section 12108, as section 12108 is no longer a valid citation of federal law which is why H.R. 3669 was updated during the amendment process to reflect the most recent revisions of Title 46.

Secondly, if my opponent had actually understood section 421 of H.R. 2830, she would know that section 421 nullifies nothing. Section 421 only does what it purports to do, which is to allow our new US tuna vessels to fish in the waters of our remote Pacific Island areas including Wake, Johnston, Howland, Baker, Jarvis, Palmyra, and Kingman Reef and, when amended, will close off to the new boats the EEZs of American Samoa, Guam, and CNMI. This fact has been confirmed by legal counsel provided by the US Congressional Research Service (CRS).

"The following facts have also been confirmed by CRS – that all US laws apply to our new US flag tuna boats including the Jones Act, the Oil Spill Pollution Act and numerous other marine safety and navigation laws. US regulations applicable to all US purse seine vessels operating under a license issued pursuant to the 1987 Tuna Treaty are exhaustive. In addition to paying for licenses, Treaty boats are subject to extensive reporting requirements, gear and vessel identification schemes, mandatory vessel monitoring systems, observer requirements, inspections and severe civil penalties for violations."

Governor Also Misinterprets Federal Law and Misleads Public

"For his part, Governor Togiola states that after a 'thorough review' he has reminded Senator Inouye of ASG's opposition 'because it would allow foreign owned and foreign controlled fishing operations in the U.S. EEZs in our ocean region' and that 'cancelling the current requirement of a U.S. fishing license allows these foreign fishing operations to avoid the conditions it requires, among other things, 75 percent U.S. ownership and controlled fishing operations in U.S. EEZs.'"

"Contrary to the Governor's misinterpretation of federal law, our new US tuna boats are not foreign controlled or owned. In accordance with US law, our new US tuna boats are registered and documented by the US Coast Guard, fly the US flag, are 51% US majority-owned, and are licensed to fish in the South Pacific Tuna Treaty Area, including the foreign EEZs of the treaty areas of all 16 Pacific Island nations which are party to the agreement."

"In suggesting that my provision 'cancels, among other things, the 75 percent U.S. ownership' requirement, Governor Togiola is wrong again. According to the Congressional Research Service, the American Fisheries Act of 1998 already exempts certain vessels from the 75% ownership requirement. The exempted vessels include: 1) those engaged in fisheries in the U.S. EEZ under the authority of the Western Pacific Fishery Management Council (Hawaii and Pacific Islands), 2) tuna purse seine vessels engaged in tuna fishing in the Pacific Ocean outside the U.S. EEZ and, 3) tuna purse seine vessels fishing in the South Pacific Tuna Treaty convention area."

"For the Governor’s information, according to the Congressional Research Service, prior to 1998, all US flag fishing vessels with a fishery endorsement were required to be 51% US owned. The 1998 law increased the percentage to 75% but exempted the tuna boats described above. Consequently, since 1998, the '75 percent U.S. ownership' requirement has not applied to any boat, new or old which is licensed to fish in the South Pacific Tuna Treaty convention area or engaged in fisheries in the US EEZs under the authority of the Western Pacific Fisheries Management Council. In other words, according to the Congressional Research Service, our new tuna boats are exempted from the '75% percent U.S. ownership’ requirement as a result of federal law enacted in 1998, not because of any provision I have introduced."

Rosie is Wrong Again When it Comes to Our Homeland Security and Natural Resources

"Using scare tactics to win support for her cause, "Ms. Lancaster states, 'We need to act now to support our Governor and protect our Territory from the 'time bomb' of ramifications [section 421] presents for our natural fishery resources and homeland security.'"

"On these points, Rosie is wrong again. In no way does Section 421 threaten our homeland security nor will it lead to drug smuggling and human trafficking nor is it a 'time bomb' waiting to explode, as Ms. Lancaster claims. Daewoosa was a time bomb waiting to explode, and I am disappointed that Ms. Lancaster's suggestions about my provision to strengthen the US tuna fishing fleet are as inaccurate as they are mean-spirited."

"For example, Ms. Lancaster implies that drugs will be smuggled into our Territory based on her false claims that my provision allows for 'foreign captains'. Again, Ms. Lancaster is wrong about my provision and wrong about federal law. Due to the work of US Senators Daniel Inouye and Ted Stevens, of the 3 officers required to be on board our tuna boats, 2 may be foreign, as I stated earlier, but the captain must be a US licensed officer. Simply put, our new US tuna boats, built in Taiwan, must be captained by a US licensed officer, just like our old tuna boats. This federal law has been in effect since July 11, 2006 and I would encourage Ms. Lancaster to do her homework before making false claims about the work of the United States Senate. Despite Ms. Lancaster's reckless statements, under no circumstances would the United States Senate ever introduce or support legislation which would threaten our homeland security."

"Regarding Ms. Lancaster's accusation that my provision 'nullifies' or affects 'crew apportionment' and allows for 100% foreign crews on US tuna purse seine vessels, Rosie is wrong again and should familiarize herself with federal law before making false statements. For Ms. Lancaster's information, according to the Congressional Research Service, US law already allows all US fishing vessels fishing exclusively for highly migratory species to have 100% foreign crew on board, if they so choose. This is true for our new boats as well as our old boats. This is not my law. This is federal law, which was not authored by me, and if Ms. Lancaster would go on board our old tuna boats, she would see that they, too, are filled with almost 100% foreign crew."

"Also, for the Governor and Ms. Lancaster's information, StarKist's new owner, Chairman Kim Jae-Chul, owns about 20 long-liners and 15 tuna purse seine vessels. His boats are 100% foreign, without a US captain on board, and in all likelihood he may offload his tuna at the StarKist canneries, as he has every right to do since he is purchasing StarKist for some $363 million and making an investment to employ our people for years to come. Using Rosie's and the Governor's logic, are they suggesting that Chairman Kim's boats will threaten our homeland security because they're not made in America and because they have foreign crew on board? Such logic is ludicrous and I am hopeful that neither will allow their prejudices and lack of understanding about the global tuna industry threaten our economy and the jobs of some 5,000 cannery workers in American Samoa."

"The fact is the entire US branded tuna industry has gone foreign. Chicken of the Sea/Samoa Packing is owned by Thai Union, the largest tuna processing company based in Bangkok, Thailand. Bumble Bee is owned by Canadian investors. And, StarKist is soon to be owned by Dongwon, a Korean corporation. Until such time as ASG puts a plan in place to diversify our economy, I would suggest that Ms. Lancaster support our efforts to keep our canneries strong rather than working against those who are investing in our future."

"Regarding our natural fishery resources, Ms. Rosie Lancaster is wrong on this point, too. Contrary to Ms. Lancaster's assertion that section 421 would be 'harmful to our natural fishery resources,' the US State Department has strongly supported efforts to rebuild the US tuna fishing fleet because, without a US fleet, the South Pacific Tuna Treaty could collapse and our efforts to conserve and manage the Pacific's tuna resources would be irreparably harmed. The US State Department recognizes that having purse seine vessels under the control of the US is infinitely better than trying to influence the fishing activities of foreign flag vessels. Make no mistake, should our efforts to rebuild the US tuna fleet fail, our leadership in fisheries issues will suffer."

Rosie's Time-Bomb is a Dud

"For one who purports to be an expert on the serious issues affecting American Samoa's future, Ms. Lancaster's 'extensive research' is seriously flawed and her so-called 'time bomb' is a dud. Frankly, I believe it is irresponsible for Ms. Lancaster to misinterpret the law and then call for action based on her faulty research," Faleomavaega said.

"Before ever calling upon our people to mislead a US Senator, I would hope that in the future Ms. Lancaster would exercise better judgment. Also, if Ms. Lancaster is at all interested in understanding the legalities of the provision I have offered to strengthen our US tuna fishing fleet and protect the jobs of our workers, then I would invite her to do her homework before endangering our economy, our environment, and the welfare of our people."

"I have repeatedly stated that my support for the new fleet is based on my firm belief that these new US tuna vessels offer the best opportunity to protect the jobs of our cannery workers and, therefore, I stand by my provision. Again, my position is supported by the majority of the entire U.S. tuna fishing fleet including new boats and old, the US House of Representatives which passed my provision on April 24, 2008 as section 421 in H.R. 2830, and all three U.S. branded tuna companies including Chicken of the Sea/Samoa Packing, StarKist, and Bumble Bee. Uninformed on this point, too, Ms. Lancaster states that the letters from 'the big three' tuna companies don't count because their letters 'are from their international bosses, not from the canneries themselves.' Given that American Samoa's economy is more than 80% dependent either directly or indirectly on the tuna fishing and processing industries, I would encourage Ms. Lancaster to 'heavily research' how business works before suggesting that the letters of support from 'the big three' are irrelevant. The fact is, our canneries are owned by their international bosses."

"In response to Ms. Lancaster's questions about how bills are introduced and how Congress works, I would refer Ms. Lancaster to my press release of August 28, 2008 in which I explained the legislative process in response to similar questions raised by Mrs. Aumua Amata Radewagen."

"Finally, while the Governor and Ms. Rosie Lancaster are free to use my provision as a political ploy to further their own agendas, the only agenda I am interested in is putting the people of American Samoa first. As far as I am concerned, American Samoa must look to the future. It would be a huge mistake for American Samoa to rely solely on an old fleet of vessels that are 30 to 40 years old to continue to supply fish to our canneries for years to come. According to some tuna boat owners, even Joe Finete, who only owns two boats, has sold one of his two boats to Ecuador and is looking to sell his other boat."

"While StarKist currently has a contract with Tri-Marine for the delivery of its fish, this may change with Dongwon. For sure, Chicken of the Sea/Samoa Packing needs our new tuna boats as a backup to make sure it has the fish it needs, and the jobs we want. However, as I have explained, US law precludes our new tuna boats from fishing in the US EEZs of the uninhabited atolls of Wake, Johnston, Howland and Baker, Jarvis, Palmyra, and Kingman Reef, which are closer in proximity to American Samoa. Because our new tuna boats cannot fish in these waters, they are currently fishing in the vicinity of PNG and the Solomon Islands, which is why it makes more sense for them to ship to Bangkok rather than American Samoa at this time."

"So, for the time being, Chicken of the Sea/Samoa Packing is using these boats to furnish fish to Thai-Union, which in turn allows Chicken of the Sea/Samoa Packing to purchase fish from vessels fishing closer to American Samoa. With the passage of my provision, if our new boats are allowed to fish in the Baker-Howland area which is closer to American Samoa, it will make more sense for them to offload in American Samoa and become a direct, rather than an indirect, supplier to our canneries."

"Either way, it is not and has not and will not be my intent to displace our older tuna boats but I believe it is in American Samoa's best interest to modernize our fleet so that we can ensure that we have enough fish coming into our canneries. Whether or not this fish comes in directly or indirectly, what is most important is that we make sure our canneries have a reliable source of fish. Without boats, we have no fish. Without fish, we have no canneries. Without canneries, our people will be without jobs because our leaders could not find ways to provide a constant supply of fish. I certainly don't want to be that leader who causes one or both of our canneries to close, or our workers to lose their jobs."

"This is what we are facing, but I have full confidence that our people will use their own judgment to decide who will represent their interests in the Congress, and that decision will be made this year during our elections on November 4. For now, due to the financial crisis are government is trying to resolve, the US Senate was unable to take up H.R. 2830, of which my provision is a very small part. However, if reelected, I definitely plan to reintroduce the provision, or bill, in the next Congress," Faleomavaega concluded.


FOR IMMEDIATE RELEASE

October 7, 2008

Washington, D.C. -- Faleomavaega requests Attorney General Mukasey to look into the matter of 42 Indonesian fishermen in American Samoa

Congressman Faleomavaega announced today that the Indonesian Ambassador to the United States, His Excellency Sudjadnan Parnohadiningrat, requested his assistance regarding 42 Indonesian fishermen who are believed to be held in American Samoa, three of whom are believed to be missing. In response to the Ambassador's concern, and in his capacity as chairman of the House Foreign Affairs Subcommittee on Asia, the Pacific, and the Global Environment, Faleomavaega has written to Attorney General Michael Mukasey to request the FBI to investigate this matter to determine if any Federal laws possibly have been violated. Copies of Faleomavaega's letter to the AG were forwarded to Governor Togiola Tulafono, Lieutenant Governor Faoa Sunia, President Lolo Moliga and Senators, and Speaker Savali Ale and Representatives of the Fono. The full text of the Congressman's letter follows.

The Honorable Michael B. Mukasey
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Attorney General:

I have just been informed by His Excellency Sudjadnan Parnohadiningrat, Ambassador of the Republic of Indonesia to the United States, that there are serious concerns about the status of 42 Indonesian fishermen who are currently being held in American Samoa. It is my understanding that three of the fishermen are missing and that there may be foul play involved. As chairman of the House Foreign Affairs' Subcommittee on Asia, the Pacific, and the Global Environment, I have conducted several meetings with leaders of the Indonesian government for the purpose of establishing stronger security, trade, and economic relations between Indonesia and the United States.

I am very concerned with the safety and treatment of these 42 Indonesian fishermen. Notwithstanding the lack of information known on the matter so far, I hope the fishermen have been afforded due process and been given proper treatment by the owners of the fishing vessels that have delivered fish for processing in American Samoa. Ambassador Sudjadnan has informed me that he is planning to visit American Samoa sometime next week and I plan to meet with him to find out more about the status of these fishermen. I am also concerned whether the lives of these 42 Indonesian fishermen may be endangered. Given these circumstances, I am requesting an immediate investigation by the Federal Bureau of Investigation (FBI) into possible violations of Federal laws and any activities that could jeopardize the health, safety and well-being of these fishermen. Any violations committed should be subject either under the full extent of the United States laws or under the current provisions of the treaty relations between Indonesia and the United States.

I would appreciate your immediate attention to this matter and I would like to be kept abreast of those who will be involved in the investigation, particularly those who will be assigned by the FBI.

Feel free to contact me directly at (202) 225-8577 or (684) 633-1372 if you have any questions relating to this matter.

Sincerely,

ENI F.H. FALEOMAVAEGA
Chairman, House Subcommittee on Asia, the Pacific, and the Global Environment

cc: Governor Togiola Tulafono
Lt. Governor Faoa Ipulasi Sunia
President Lolo Moliga and Senators
Speaker Savali Talavou Ale and Representatives


FOR IMMEDIATE RELEASE

October 3, 2008

Washington, D.C. -- 30A Tax Credits for American Samoa are now extended; President Bush signs Emergency Economic Stabilization Act into law

Congressman Faleomavaega announced today that President Bush just signed the Emergency Economic Stabilization Act of 2008 into law, and Faleomavaega’s provision to extend 30A tax credits for American Samoa's canneries is included.

"In these financially difficult times when the US federal government is having to bailout Wall Street to protect Main Street, I want to once again thank my colleagues for supporting my efforts to protect American Samoa's economy in the process," Faleomavaega said. "American Samoa’s economy is more than 80% dependent either directly or indirectly on the US tuna fishing and processing industries, and the passage of 30A tax breaks to stabilize our cannery operations is critical for protecting the jobs of some 5,000 of our cannery workers."

"While the national media, including CNN, has questioned how or why American Samoa should get this special tax break, I want to thank Chairman Charles Rangel of the House Committee on Ways and Means and Chairman Max Baucus of the Senate Finance Committee for standing by my request and doing the right thing for American Samoa at this critical moment in our nation's history. I also thank the House and Senate leadership."

"As I stated earlier today, I believe we have been successful in our efforts because of the continued support and prayers of our people, and this is why I thank our people most of all for their faith and trust. I also commend those who have stood with us as we have worked together for the past two years to strengthen our economy, stabilize our canneries, and protect the jobs of some 5,000 of our cannery workers. While there is much work left to do to shore up our economy, I will continue to do everything I can for our people," Faleomavaega concluded.


FOR IMMEDIATE RELEASE

October 3, 2008

Washington, D.C. -- House passes Emergency Economic Stabilization Act of 2008 which includes 30A Tax Extenders for American Samoa; President to sign bill into law

Congressman Faleomavaega announced today that by a vote of 263 yeas to 171 nays the US House of Representatives passed the Emergency Economic Stabilization Act of 2008, which the Senate passed on Wed Oct 1. The House agreed to the Senate amendments in H.R. 1424 which included the bailout plan and several tax extensions including a two-year extension of 30A tax credits for American Samoa’s canneries. The President is expected to sign the bill into law.

"Today's vote stands as a pivotal point in our nation's history," Faleomavaega said. "Our financial system is at peril and many of our people are facing uncertainty. In these uncertain times, the leaders of Congress have come together in a bipartisan way to offer financial assistance to stabilize a faltering economy, and especially to provide support to everyday Americans. As of September, the unemployment rate across the country was at 6.1% and could be worse if no action is taken."

"As I stated in yesterday's release, the bailout plan calls for stronger oversight on the disbursement of the $700 billion proposed for the financial system. Rather than giving Treasury all the funds at once, the plan calls for $250 billion to be made available immediately, and then requires the President to certify an additional $100 billion, and the balance will be subject to Congressional approval."

"Under the current measure, Federal Deposit Insurance Corporation insurance coverage of bank accounts is temporarily increased from $100,000 to $250,000 per account through the year 2009."

"The current measure also includes several tax extenders which provide tax breaks for producers of renewable energy like wind, solar, hydrokinetic and marine sources. 30A tax breaks for American Samoa's canneries have also been included in this historic legislation."

"I thank the leadership in the U.S. Congress for including our two-year extension of 30A tax credits which is labeled as the economic development credit for American Samoa. This tax credit is important to our economy and especially to some 5,000 of our tuna cannery workers, since American Samoa’s economy is more than 80% dependent, either directly or indirectly, on the US tuna fishing and processing industries."

"I thank the people of American Samoa for their prayers during these critical times in our nation. While this financial crisis is far from over, I remain committed to working together with our leaders to provide support and assistance to our people," Faleomavaega concluded.



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