Attorney General Talauega Eleasalo Ale says Governor Lolo Moliga would not accept no for an answer and wouldn’t back down from the lawsuit against the federal government over the large vessel prohibited Area rule change.
At a cabinet meeting today the AG credit the governor for the Hawaii federal district court ruling in fav
or of American Samoa o
Talauega stated that after consulting with the governor’s chief counsel and some of the lawyers in the AG’s office, he was advised that it will be a difficult case to win, and a case that the territory should not pursue.
But when the AG informed the governor about the difficulty all Lolo said was , “do what you’ve been told.”
Talauega said the person to credit for the ruling in favor of American Samoa is Governor Lolo.
He said without the governor’s persistence and urging to pursue this case, he wouldn’t have gone the extra step to find supporting facts to prove that the LVPA rule change was contrary to the provisions of the Deed of Cession for Tutuila and that of Manua.
Alema Leota
The AG said “when the governor pressured me on the case, I would pressure my legal team. “
The ruling by the Federal District Court in Honolulu sets aside an amendment by NOAA which would have allowed longliners of 50 feet to fish within 12 miles from shore.
Talauega said American Samoa’s case was a collaborative effort and acknowledged Alema Leota and Mino Sunia, the two attorneys who worked with him on the case.
The ASG said a major challenge was there was no case law on the Deeds of Cession so their research extended to deeds of other native people.
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The AG said he’s heard the ruling will be appealed and he and his legal team stands ready for that battle.
