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US cracks down on a global crime: Illegal fishing

December 20th, 2016 — There’s a good chance that the tuna sushi you ordered last week wasn’t actually tuna – or that it was caught under illegal circumstances. To help bring down those chances, last week, the Obama administration passed a final rule to combat illegal fishing and seafood fraud.

 Under the rule issued on Dec. 8 by the National Oceanic and Atmospheric Administration (NOAA), importers will be required to track and report key data on a preliminary list of seafood imports at risk of illegal fishing and fraud. This means that at-risk imported seafood will be tracked from its point of origin to the U.S. border.

The rule is intended to help even the playing field for domestic seafood companies, since illegal fishing and seafood fraud have hurt U.S. fishermen who adhere to more stringent rules than in some other countries. However, illegal fishing and seafood fraud affect far more than just American fishermen’s bottom lines. In fact, they are symptoms of a rampant problem that spans the globe: illegal, unreported, and unregulated fishing (IUU).

IUU undermines efforts to conserve and sustainably manage fish stocks and represents a threat to fisheries worldwide. It is estimated that global costs related to IUU reach up to $23 billion annually and up to 20 percent of seafood is illegally caught. In addition, IUU comprises a host of interconnected problems, including piracy, organized crime, drug trafficking, slave labor, exploitation of migrant workers, and mislabeling of catches.

 Read the full story at The Hill 

Western Pacific Regional Fishery Management Council Sends Letters to Obama on Impacts of Marine National Monuments

December 19, 2016 — The following was released by the Western Pacific Regional Fishery Management Council:

HONOLULU — The Western Pacific Regional Fishery Management Council is hopeful that when President Obama arrives in Honolulu tomorrow, he will acknowledge the $100 million commercial fishing industry in Hawai‘i and the impacts on that fishery by his expansions of the Papahanaumokuakea Marine National Monument (MNM) in the Northwestern Hawaiian Islands (NWHI) and the Pacific Remote Islands MNM, which includes nearby Johnston Atoll. The value of the Hawaii longline fishery is excess of $300 million when factoring in retail markets and support industries and their employees.

The National Marine Fisheries Service’s Pacific Islands Fisheries Science Center has reported that the expanded Papahanuamokueakea MNM may account for a potential loss of about 2.5 million pounds per year of tuna and other pelagic species worth on average $8 million, more than $9 million in fishery support businesses (e.g., fuel, gear, ice, etc.), $4.2 million in household income and $0.5 million in tax revenue and affect more than 100 jobs. The impact will be much greater on fishermen who historically utilized the US waters around the NWHI as their primary fishing grounds as well as smaller boats that are restricted in their range. Given these economic impacts, the Council believes that prohibiting commercial fishing in this area should be phased in.

On Dec. 1, 2016, the Council sent its fifth letter to Obama about its concerns with the NWHI MNM expansion and a sixth letter about the impacts of the three other marine national monuments that have been proclaimed in the US Pacific Islands. The Rose Atoll, Pacific Remote Islands and Marianas Trench MNMs impact the fisheries of not only Hawai‘i but also American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI) as well as local and US mainland seafood consumers. The Obama administration has not responded to any of the Council’s previous four letters, which were sent over the past nine months.

Presidential proclamations through the Antiquities Act have banned commercial fishing in 61 percent of US waters around the Hawaiian Islands and have placed 51 percent of US waters around the US Pacific Islands under MNM designation. The Antiquities Act requires that monuments be proclaimed for the smallest size needed for conservation of resources of scientific and cultural interest. Obama has invoked future climate change impacts on biodiversity as one of the primary reasons for the presidential action in his proclamations expanding the NWHI and Pacific Remote Islands MNMs.

Climate change impacts occur over much larger areas than contained in any marine monument. The Council believes climate change impacts will not be mitigated by prohibiting the commercial catch of a well-managed and enforced US fishery in discrete areas of US waters. Furthermore, the Council has repeatedly questioned the use of the Antiquities Act for marine conservation of tuna, billfish and other highly migratory species, which move well beyond the monument boundaries.

“The Antiquities Act process circumvents the National Environmental Policy Act and the Magnuson-Stevens Fishery Conservation and Management Act, both of which require environmental, social and economic analysis and public input,” notes Council Executive Director Kitty M. Simonds.

Prior to the expansion of the NWHI monument, which spans an area four times the size of Texas, about 10 percent of the fishing effort of the Hawai‘i longline fleet were in these monument waters. Another 10 percent were in the US waters around nearby Johnston Atoll, which Obama closed to fishing when he expanded the Pacific Remote Islands MNM in 2014.

“The push for the monuments was driven not by popular demand but by a Washington, DC-based environmental organization, the Pew Environment Group, which has had the ear of successive presidents,” explains Council Chair Edwin Ebisui Jr. “A Pew funded study estimated that the Marianas Trench MNM would result in $10 million per year in direct spending, $5million per year in tax and the creation of 400 jobs. Needless to say, neither Guam nor the CNMI has seen any economic benefits from the monument. After seven years a monument management plan has not been completed by NOAA and the US Fish and Wildlife Service. Now there is talk about overlaying the monument status with a National Marine Sanctuary designation.”

While the local governments have received no economic benefit from the monuments, NOAA and the US Fish and Wildlife Service have been receiving $3 million per year for “monument management,” notes the Council’s letter about the Marianas Trench, Pacific Remote Islands and Rose Atoll MNMs. At the same time, the US Coast Guard and NOAA Office of Law Enforcement have not received additional funds or assets to increase patrols of the monument waters..

The Council was established by Congress in 1976 and has authority over fisheries seaward of state/territory waters in the US Pacific Islands pursuant to the Magnuson-Stevens Act. For more information and to download the letters, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220.

Letter to Obama on Papahanaumokuakea

Letter to Obama on Rose Atoll, Marianas Trench and Pacific Remote Islands MNM

See the full release at WESPAC

Donald Trump and the Overinflated Presidency

December 19th, 2016 — In an interview in early December, Speaker of the House Paul Ryan said that President-elect Donald Trump is committed to respecting the constitutional prerogatives of Congress. “We’ve talked about…the separation of powers,” he told “60 Minutes.” “He feels very strongly, actually, that under President Obama’s watch, he stripped a lot of power away from the Constitution, away from the legislative branch of government, and we want to reset the balance of power so that [the] people and the Constitution are rightfully restored.”

If history is any guide, Mr. Ryan’s optimism is misplaced.

During the election of 1912, the Progressive candidate, Theodore Roosevelt, articulated a populist defense of virtually unchecked executive power, declaring that the president is a “steward of the people” who can do anything that the Constitution does not explicitly forbid. Roosevelt’s rival, the Republican incumbent William Howard Taft, defended a far more constrained view of executive power, holding that the president could only do what the Constitution explicitly authorized.

Ever since the presidency of Franklin D. Roosevelt, Republican and Democratic presidents have embraced Theodore Roosevelt’s view, asserting ever more expansive visions of the president’s ability to do whatever he likes without congressional approval. Both George W. Bush and Barack Obama aggressively deployed executive power to circumvent Congress, and their partisans accepted it. During his own campaign, Mr. Trump declared, “I am your voice” and “I alone can fix it.” This is not the rhetoric of a president who intends to defer to the legislative branch.

Read the full story at The Wall Street Journal

Push for 35-mile-long canyon off Virginia coast to become marine sanctuary is suddenly put on hold

December 19, 2016 — For more than a year, the Virginia Aquarium & Marine Science Center built a case for naming a vast canyon in the Atlantic the next national marine sanctuary. There were dozens of meetings held, hundreds of letters written and thousands of signatures gathered from supporters on a petition.

Suddenly and quietly last month, however, an aquarium task force that had been pushing to make the Norfolk Canyon a sanctuary put everything on hold indefinitely.

To make a long story short, what happened was Donald Trump.

The Republican presidential candidate was elected, and the chances for a lot of conservation initiatives suddenly looked much iffier.

“We’re not really sure where this new administration is going to go with environmental protection,” said Mark Swingle, the Virginia Beach aquarium’s director of research and conservation. “The timing just doesn’t look right now. So we just decided to take a pause here to see what’s going to happen.”

Trump has said he favors oil and gas drilling in the Atlantic – something that would be prohibited in and around the 35-mile-long canyon if it were declared a sanctuary. He also has promised to roll back government regulations, particularly those of environmental agencies.

In general, he’s positioned himself to be a president whose administration will be much harder to persuade on environmental initiatives than that of President Barack Obama.

That could make it tougher to build a consensus for widening the government’s protective reach, whether it’s on land or 70 miles out in the Atlantic, where the Norfolk Canyon begins.

“We really did not want to push through this process right now with the uncertainty on whether we’d have the broad type of support we wanted,” Swingle said.

Read the full story at The Virginian-Pilot

Proposed rule: Shrimpers should use safety devices to protect endangered sea turtles

December 16th, 2016 — In an effort to save thousands of endangered sea turtles, the Obama administration on Thursday issued proposed rules that would require U.S. shrimping boats to insert metal grates into their nets to allow the gentle creatures to escape.

By requiring “Turtle Excluder Devices” in the nets of U.S. shrimpers, some 800 to 2,500 sea turtles in the Gulf of Mexico and Atlantic Ocean could be saved each year, according to the proposal, which will be published Friday in the Federal Register by the Department of Commerce.

If adopted and enforced, the rule would cut the prevalence of what’s known as “bycatch,” the unintended capture of marine creatures by commercial fishing vessels that are looking for different species.

Currently, less than half of U.S. shrimp boats are required to use the Excluder devices, according to Oceana, an international marine conservation and advocacy group. The new rule would require roughly 5,800 additional boats to do so.

David Veal, executive director of the American Shrimp Processors Association in Biloxi, Mississippi, said his organization shares the public’s concern for sea turtles, but he questions Oceana’s claim that shrimpers kill tens of thousands of turtles each year.

He said contact with recreational fisheries, damage from vessels and environmental problems all cause turtle deaths.

“While we’re sensitive to the sea turtles’ (plight) and we’ll do what we have to do to minimize the impact on the turtle population, we continue to believe that it’s unfair to target us as the sole source of these problems,” Veal said.

Read the full story at The Miami Herald 

The White House Just Made It Easier To Know The Fish You’re Eating Is Actually Fish

December 9, 2016 — The Obama administration took a massive step in the fight against seafood fraud and illegal fishing on Thursday, introducing a rule that will help Americans know the fish they’re eating is truly what they paid for.

The National Oceanic and Atmospheric Administration will oversee the Seafood Import Monitoring Program, which will require about 25 percent of imported seafood to be traced from the boat or farm it comes from to the U.S. border. The rule is meant to curb the mislabeling of fish before it enters the U.S. (about 90 percent of fish we consume is imported) and cut down on overfishing. Businesses will have until the beginning of 2018 to comply.

“Today’s announcement is a groundbreaking step towards more transparency and traceability in the seafood supply chain,”said Beth Lowell, a senior campaign director for the environmental group Oceana, in a statement. “For the first time ever, some imported seafood will now be held to the same standards as domestically caught fish, helping to level the playing field for American fishermen and reducing the risk facing U.S. consumers.”

Read the full story at the Huffington Post

Obama finalizes stricter monitoring of seafood imports

December 9th, 2016 — The administration U.S. President Barack Obama has announced the implementation of the Seafood Import Monitoring Program to qualified enthusiasm from environmental groups.

The fruits of the Presidential Task Force on Combating Illegal, Unreported and Unregulated (IUU) Fishing and Seafood Fraud, authorized by Obama in June 2014, the program will require “at-risk” seafood that is imported into the United States to be tracked to its source and properly labeled.

Studies by ocean conservation watchdog Oceana found that around one-third of market and restaurant seafood products were mislabeled, while the organization estimates that up to one-third of the wild-caught seafood being imported into the United States is the result of IUU fishing.

Oceana’s senior campaign director Beth Lowell released a statement today saying the program should help protect U.S. fisherman from being undermined by illegally caught imports.

“For the first time ever, some imported seafood will now be held to the same standards as domestically caught fish, helping to level the playing field for American fishermen and reducing the risk facing U.S. consumers,” Lowell’s statement said.

Read the full story at Seafood Source 

Will Trump Be Able To Undo Papahanaumokuakea?

November 28, 2016 — In the months leading up to the Nov. 8 election, President Barack Obama signed a series of proclamations to dramatically increase the amount of land and water that is federally protected from commercial fishing, mining, drilling and development.

On Aug. 24, he established a nearly 90,000-acre national monument in the Katahdin Woods of Maine. 

Two days later, Obama expanded Papahanaumokuakea Marine National Monument around the Northwestern Hawaiian Islands by 283 million acres, making it the world’s largest protected area at the time.

And on Sept. 15, he created the first national monument in the Atlantic Ocean, protecting more than 3 million acres of marine ecosystems, seamounts and underwater canyons southeast of Cape Cod, Massachusetts.

Obama has used a century-old law called the Antiquities Act to federally protect more land — 550 million acres and counting — than any other president. He’s established 24 new national monuments in at least 14 states since taking office eight years ago, with the bulk of the acreage in Papahanaumokuakea and the Pacific Remote Islands.

But with Republican Donald Trump’s surprise upset of Democrat Hillary Clinton, attention is turning to what Trump plans to do when he takes office in January and whether he will seek to undo or at least modify the national monuments that Obama created.

Advocates for commercial fishing interests on the East Coast have started nudging policymakers to consider what changes the next administration could make. But West Coast and Hawaii industry groups are still gathering information and developing plans.

Saving Seafood, a nonprofit that represents commercial fishing interests, has already started pushing policymakers to consider what changes the next administration could make to the Northeast Canyons and Seamounts Marine National Monument. 

Saving Seafood Executive Director Robert Vanasse told the Associated Press earlier this month that he thinks it would be “rational” to allow some sustainable fishing in the monuments.

Read the full story at the Honolulu Civil Beat

Remote and Vast, Our New Marine Monuments Are Difficult to Protect

November 23, 2016 — Unable to constantly patrol the waters, fishery enforcement agencies need new methods and technologies for monitoring [marine monument] areas.

Just west of the Hawaiian Islands sits one of the largest marine protected areas in the world. In August, President Obama tripled the size of Papahānaumokuākea Marine National Monument, which now stretches across 582,578 square miles of ocean, an area nearly four times the size of California. The monument is home to colorful coral reefs teeming with marine life and encompasses rocky outcrops where some 5.5 million birds, including the Laysan Duck and Short-tailed Albatross, breed every year.

More than 5,000 miles east of the warm Pacific waters of Hawaii, in the frigid northern Atlantic Ocean, sits the 4,913-square-mile Northeast Canyons and Seamounts Marine National Monument, which Obama designated in September. There, 130 miles off the coast of Massachusetts, underwater ravines deeper than the Grand Canyon contain cold-water coral reefs, among the world’s most delicate ecosystems, and the water’s surface serves as the winter home of Maine’s Atlantic Puffins.

The monuments are major victories for environmentalists—with a swipe of his pen, the President banned all commercial fishing within the monuments’ boundaries and outlawed all gas and oil exploration. Protecting marine life in both oceans will ultimately support fisheries and provide refuge for wildlife adapting to a changing climate.

But it’s one thing to designate a monument, and it’s quite another to actually enforce the promised protections. The two new monuments are vast and remote, and authorities already struggle to detect illegal activity in marine protected areas that are smaller and closer to land. In 1997 and 2004, nets and other commercial fishing gear were uncovered in the Monitor National Marine Sanctuary off the coast of North Carolina. Even worse, evidence of fishing with explosives, bleach, and even cyanide has been found in the National Marine Sanctuary of American Samoa.

That the new monuments are so large and located in such distant waters presents an even bigger challenge for the federal agencies responsible for their monitoring. Ideally, crewed vessels would police the areas, says Lisa Symons, resource protection coordinator at the National Oceanic and Atmospheric Administration (NOAA) Office of National Marine Sanctuaries. A physical presence would deter illegal fishing or mining and allow authorities to arrest or capture violating vessels. But this is almost impossible considering the locations of the new monuments—offshore and hundreds of miles from cities, towns, or villages.

Read the full story at Audubon

What Does A Trump Presidency Mean For Hawaii’s Environment?

November 22, 2016 — President-elect Donald Trump has called climate change a “hoax” and “bullshit.”

On the campaign trail, he pledged to dismantle clean energy plans, pull out of an international agreement to reduce carbon emissions and ease regulations on coal, oil and gas production as part of his plan to “Make America Great Again.”

What Trump will actually do after he takes the reins of government in January from President Barack Obama remains to be seen. But nonprofit groups, lawmakers, government officials and others say Hawaii needs to remain vigilant about protecting its environment over the next four years.

They say that means lawyering up to fight court battles, empowering citizens, reminding local decision-makers of their authority and investing more resources into state and county agencies that can backstop changes Trump and a GOP-controlled House and Senate may make at the federal level.

“The state has often felt like it can just leave it to the feds,” said David Henkin, a Hawaii-based attorney for Earthjustice, a nonprofit environmental law organization. “They’re not going to be able to pass the buck anymore. It’s time for them to step up.”

Read the full story at the Honolulu Civil Beat

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