Exclusive Economic Zone Archives - Page 2 of 3

Hawaiian leaders seek expansion of marine conservation area

April 18, 2016 — HONOLULU — A group of Native Hawaiian leaders have urged President Barack Obama to expand what’s already one of the largest marine conservation areas in the world.

But the president of the Hawaii Longline Association said Friday the lobbying effort is using Hawaiian culture as an excuse to close off more waters to fishermen.

Papahanaumokuakea (pah-pah-HAH-now-moh-cuh-ah-cay-ah) Marine National Monument is a 140,000-square-mile area of the Pacific where remote islands, atolls, islets and coral reefs serve as habitat for some of the world’s most endangered species.

The region is also a sacred place in the history, culture and cosmology of Native Hawaiians.

“Mr. President, as an island boy from Hawaii, we trust that you understand the significance of the ocean to our islands,” said a letter signed by leaders of the expansion push.

They want Obama to expand the monument to the full 200 nautical-mile limit of the Northwestern Hawaiian Islands exclusive economic zone while keeping the main Hawaiian islands outside the boundaries.

Read the full story from the Associated Press at the New Jersey Herald

Magnuson Stevens Fishery Conservation and Management Act Turns 40

April 4, 2016 — Forty years have passed since Congress first passed sweeping legislation that changed the landscape of the American seafood industry from Bristol Bay to Beaumont to Boston. In 1976, the Fishery Conservation and Management Act (FCMA), later to become the Magnuson–Stevens Fishery Conservation and Management Act, was the first legislation establishing a comprehensive framework for governing marine fisheries management in U.S. federal waters.

To this day, the Magnuson Stevens Act continues to govern all U.S. federal fisheries. The law is often credited with balancing the need to preserve our nation’s marine resources with the need to preserve the livelihoods of those who depend on them. The original legislation was the brainchild of former U.S. Senator Warren G. Magnuson of Washington state (a Democrat) and former Alaska Senator Ted Stevens (a Republican), with former Massachusetts liberal Democratic Representative Gerry Studds and Alaska conservative Republican Don Young spearheading the House version.

“To hear him tell it, Alaska fishermen were living in the office of Rep. Young for three weeks while the legislation successfully moved through the House,” said Dave Whaley, who worked on Capitol Hill for over 30 years, and spent much of that time managing fisheries and oceans issues for Rep. Don Young and the House Natural Resources Committee before retiring last year. “Young always told everyone that Magnuson and Stevens received way too much credit, and the legislation should have been called the ‘Young Studds Act’ because it was the House version that eventually became law.”

200 Miles

The original legislation was designed to Americanize fisheries by controlling or eliminating foreign fishing and then restoring and conserving the fish. It officially gave the federal government the authority to manage fisheries and claimed more than 4.4 million square miles between three and 200 miles from shore as a Fishery Conservation Zone. The area, largest in the world, was later renamed the Exclusive Economic Zone (EEZ).

“I first heard of the Fishery Conservation and Management Act in an Alaskan fishing village listening to KNOM radio,” said Rod Moore, Senior Policy Advisor for the West Coast Seafood Processors Association located in Portland, OR. “I had just graduated college and was working for the Alaska Department of Fish and Game. The program was discussing the proposed 200 mile Fishery Conservation Zone legislation. I can’t remember the details, but at the time it definitely had my attention.”

Read the full story at the Gulf Seafood Institute

Connecticut fighting move to give Long Island Sound waters to New York, Rhode Island

February 2, 2016 — WASHINGTON – Connecticut’s lawmakers and state officials are trying to derail a bill would take about 150 square miles of Long Island Sound waters from federal government control and give that authority to New York and Rhode Island, a move that could hurt the state’s fishing industry.

The bill would require Connecticut fishermen to obtain permission from the neighboring states to continue to fish those waters, known as an “exclusive economic zone,” or EEZ. Members of the state’s congressional delegation say that would be a costly and burdensome process.

“We believe that this misguided legislation was crafted strategically to benefit certain states while disproportionately harming the Connecticut fishing industry,” delegation members said in a letter to the leaders of the House Natural Resources Committee.

At issue is the “EEZ Clarification Act,” sponsored by New York Republican Rep. Lee Zeldin, that would re-designate 150 square miles of federal EEZ waters in the vicinity of Block Island, between Montauk, N.Y., and Point Judith, R.I., as New York and Rhode Island state waters.

At a House Natural Resources subcommittee hearing Tuesday, Zeldin said the strip of water known as the EEZ poses a threat to fishermen “who can go from fishing legally to breaking the law” by inadvertently straying into federal waters and facing fines.

“Law-abiding, responsible fishermen should not be punished for doing their job,” Zeldin said.

But a representative from the Fish and Wildlife Service and conservationist John McMurray, owner of One More Cast Charters, testified that stripping federal protections from the waters would hurt the Long Island Sound striped bass population.

Read the full story at The Connecticut Mirror

NEW JERSEY: Fish cops issue striped bass warning

December 2, 2015 — Federal fishing officials are warning anglers and commercial fishermen it is illegal to catch striped bass in waters outside three miles.

The ban on catching stripers is in an area called the “Exclusive Economic Zone,” or EEZ, which runs from 3 to 200 miles offshore and is under federal jurisdiction. The ban, which dates back to 1990, is not in place in state waters that are inside three miles.

In recent years the National Oceanic and Atmospheric Administration’s Office of Law Enforcement has teamed up with the U.S. Coast Guard and state agencies to enforce the ban. NOAA Fisheries Special Agent Jeffrey Ray said in New Jersey the agency will be working with the N.J. Division of Fish and Wildlife to enforce the ban.

The effort runs from November through February and could include dockside or at-sea inspections as well as aerial reconnaissance.

“There’s a lot of striped bass activity and we want to make sure the information is out there that people cannot catch striped bass in the EEZ. There will be patrols in the EEZ,” said Ray.

In the past the efforts have included putting undercover agents posing as patrons on party and charter boats to make sure they stay within three miles. There have been dozens of cases brought against captains that fished in the EEZ, including one against a charter boat operator based in Avalon several years ago.

Read the full story at Press of Atlantic City

Atlantic Striped Bass Fishing in the EEZ: Restrictions Support Sustainability of Species

November 12, 2015 — The following was released by the NOAA Fisheries Office of Law Enforcement:

In an effort to ensure the healthy population of the striped bass in the Mid-Atlantic region, NOAA’s Office of Law Enforcement (OLE) is raising awareness of the federal regulations governing striped bass in the Exclusive Economic Zone (EEZ) and increasing targeted enforcement efforts to protect the species from illegal poaching activities.

“Right now, the striped bass are beginning to migrate south from the northern states,” said Lt. Wynn Carney, OLE supervisory enforcement officer. “The striped bass will follow the bait south near the mouth of the Chesapeake Bay, and in spring they will begin making their way up our streams and rivers to lay eggs.”

According to the Atlantic States Marine Fisheries Commission, overfishing and poor environmental conditions lead to the collapse of the Atlantic striped bass fishery in the 1980s.

In order to ensure the sustainability of the species, the Atlantic Coastal Fisheries Cooperative Management Act, found in Title 50 of the Code of Federal Regulations part 697.7, was promulgated. Thus, during the months of November through February, NOAA Office of Law Enforcement is joining state and federal marine law enforcement organizations in supporting a focused enforcement effort, targeting vessels retaining and fishing for striped bass in the EEZ. Marine law enforcement officers, including OLE and the U.S. Coast Guard, in the Mid-Atlantic will be ticketing fishermen who violate these regulations and who target striped bass within the EEZ.

“I am excited about the Mid-Atlantic States conducting a focused enforcement effort,” said Carney. “It’s significant that we’re working together toward a common goal.”

For maximum enforcement, officers will be conducting at-sea, aerial, and dock-side inspections.

For more information, call your local OLE field office or visit http://www.asmfc.org/species/atlantic-striped-bass.

StarKist: Fishing Restrictions Hurting American Samoa Cannery

October 26, 2015 — PAGO PAGO, American Samoa – StarKist Co. says fishing restrictions on the high seas and in the US EEZ have further eroded American Samoa’s competitiveness and call on the US National Marine Fisheries Service (NMFS) to recognize the territory’s unique nature as a small and developing economy.

The statement from the US based company, owned by South Korea based Dongwon industries comes as NMFS officially released last Friday its decision not to approve an emergency rule to exempt U.S. purse seine vessels that deliver at least half of their catch to tuna processing facilities in American Samoa from the closure of the area known as the Effort Limit Area for Purse Seine (ELAPS) — which is fishing on high seas and US EEZ.

Tri Marine International had petitioned the NMFS arguing among other things the reduction of fishing days in waters of Kiribati, traditional fishing grounds for the US purse seine fleet, and that the loss of a reliable supply of tuna from these vessels will jeopardize the ability of the canneries in American Samoa to compete in world markets.

STARKIST RESPONSE

In a statement issued last Friday, StarKist says, “Our cannery has been directly impacted by the closure of access to the high seas and NMFS needs to recognize the unique nature of American Samoa’s small and developing economy.

The company says these “unnecessary restrictions” have driven the purse seine fleet into distant waters where they are now catching fish under a U.S. flag to benefit competitors to American industry.

“As a result, we are forced to buy our fish at a premium with reefer vessels coming in from distant fishing grounds,” it says. “The competitive position of American Samoa continues to be eroded day by day, and the decision by NMFS to forgo an emergency rulemaking for our purse seine fleet is another example of a lack of urgency for how difficult it truly is to operate a business here.”

“American Samoa has had three things in its favor – duty free access to the US market which is now nearly irrelevant, a wage system reflective of the local economy rather than the mainland economy, and a reliable supply of direct-delivered fish,” StarKist said. “All of these factors have been negatively impacted in the last six months.”

Read the full story from the Samoa News at the Pacific Islands Report

Fishery Managers Agree on Catch Limits for US Pacific Territories Bottomfish, Bigeye Tuna

October 23, 2015 — UTULEI, American Samoa — The following was released by the Western Pacific Regional Fishery Management Council:

The bottomfish annual catch limits (ACLs) in American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI) should be equal to their acceptable biological catch (ABC), the Council deemed yesterday as it concluded its two-day meeting in Utulei, American Samoa. The ABCs are set by the Council’s Scientific and Statistical Committee and refer to the amount of fish that can be harvested without causing overfishing. The amounts are 106,000 pounds for American Samoa; 66,000 pounds for Guam; and 228,000 pounds for CNMI. In making its decision, the Council determined that the difference between recent harvest levels and ACLs in all three island areas were sufficient to ensure the ACLs will not be exceeded.

The Council yesterday also approved the proposed management policy, goals and objectives for the American Samoa, Hawaii, Mariana, Pelagic and Pacific Remote Islands Area Fishery Ecosystem Plans (FEPs), which are undergoing a five-year review. The proposed policy is to apply responsible and proactive management practices, based on sound scientific data and analysis and inclusive of fishing community members, to conserve and manage fisheries and their associated ecosystems. The proposed goals are to 1) Conserve and manage target and non- target stocks; 2) Protect species and habitats of special concern; 3) Understand and account for important ecosystem parameters and their linkages; and 4) Meet the needs of fishermen, their families and communities. The National Marine Fisheries Service will review the draft plans to provide comprehensive agency feedback, input and guidance by mid December.

Certificates and plaques of recognition were awarded to 40 seafood vendors who are helping local and federal fishery managers better understand American Samoa’s commercial fishery. Pictured (from left) are Council Chair Ed Ebisui Jr., American Samoa DMWR Director Ruth Matagi-Tofiga, Aukuso Gabriel of Josie’s Restaurant, Charles Nelson of Equator Restaurant, Hana of P n F Mart, Council Executive Director Kitty Simonds, Tom Drabble of Sadie’s Hotels, and Michelle Shaosxia Ma and Tua Agalelei of Sunny’s Restaurant

During its two-day meeting in America Samoa, the Council also maintained its recommendation made in June to specify the 2016 US longline bigeye tuna limits for the three US Pacific Territories at 2,000 metric tons (mt) each. Up to 1,000 mt per territory would be authorized to be allocated to US fishermen through specified fishing agreements authorized under Amendment 7 of the Pelagic FEP. The Council recognized that these limits are consistent with the conservation and management framework of the Western and Central Pacific Fisheries Commission and are not impeding international conservation objectives to eliminate bigeye overfishing.

Recommendations by the Council that are regulatory are transmitted to the Secretary of Commerce for final approval.

The Council also directed staff to request that the Department of Justice consider directing funds received from fines and penalties from marine pollution violations that occur in waters of the Territory of American Samoa or in the US exclusive economic zone waters around American Samoa be provided to the American Samoa government. The funds would be used to support conservation and management activities identified in the America Samoa’s Marine Conservation Plan.

The Council officers for 2016 were selected and will remain the same as this year, with Edwin Ebisui Jr. of Hawaii as chair and Michael Duenas (Guam), John Gourley (CNMI), McGrew Rice (Hawaii) and William Sword (American Samoa) as vice chairs.

The Council also appointed Mike Tenorio to the Scientific and Statistic Committee; Peter Crispin to the Pelagic Fisheries Sub-Panel and Nonu Tuisamoa to the Ecosystem and Habitat Sub-Panel of the American Samoa Advisory Panel; Daniel Roudebush to the Ecosystem and Habitat Sub-Panel and Geoff Walker to the Pelagic Fisheries Sub Panel of the Hawaii Advisory Panel; and Archie Taotasi Soliai, StarKist manager, to the Fishing Industry Advisory Committee.

The Council provided certificates of recognition to 40 seafood vendors who provided their monthly receipts of fish sales to help improve understanding of American Samoa’s commercial fishery. Vendors who submitted 100 percent of their receipts each month for the past year received special plaques of recognition. The project is a partnership involving the Council, NMFS Pacific Islands Fisheries Science Center and the American Samoa Department of Marine and Wildlife Resources.

For more on the meeting, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the CNMI and the US Pacific Island Remote Island Areas.

Frustrations Voiced Over Impacts of US Fishing Quotas in the Western and Central Pacific

October 22, 2015 — UTULEI, American Samoa — The following was released by the Western Pacific Regional Fishery Management Council:

Members of the Western Pacific Regional Fishery Management Council, meeting yesterday in Utulei, American Samoa, questioned the high road the United States has taken in international Pacific tuna management and the unfair consequences to fisheries in Hawaii and American Samoa.

“When international regulations cause a fishery to close, I don’t see how we can convince other nations to abide by our standards,” Council Member Michael Goto said. “Fishermen are talking about quitting.”

The Council noted that, when US fisheries are restricted, domestic demand is satisfied by foreign fleets that fall far short of the rigorous standards applied to the US fleets.

Council members addressed the recent two-month closure of the US longline fishery targeting bigeye tuna in the Western and Central Pacific Fisheries Commission (WCPFC) convention area and the ongoing closure of the US purse seine fishery on the high seas and US exclusive economic zone (EEZ) waters in the WCPFC convention area. Both closures were the result of the fisheries reaching US quotas developed by the WCPFC and implemented through federal regulation by NOAA. The Inter-American Tropical Tuna Commission (IATTC) convention area in the Eastern Pacific Ocean remains closed to US longline vessels 24 meters and larger harvesting bigeye tuna. The United States has arguably the lowest quotas in both convention areas and is the only nation to have reached its quotas and restricted its fisheries.

The Council questioned the allocations developed by the WCPFC and recommended that the United States at the 12th regular meeting of the WCPFC invoke Article 10 paragraph 3 of the WCPFC Convention, which was established in 2000 in Honolulu, and work to restore the bigeye catch limit applicable to the Hawaii longline fishery and high seas effort limit for the US purse seine fishery. Current quotas for both US fisheries are below their historic catch levels, and the quota for the US longline fishery for bigeye tuna is scheduled to be further reduced in 2017.

Article 10 paragraph 3 stipulates that, in developing criteria for allocation of the total allowable catch or the total level of fishing effort, the WCPFC shall take into account not only the status of the stocks, the existing level of fishing effort in the fishery, the historic catch in the area and the respective interests, past and present fishing patterns and fishing practices of participants in the fishery but also other criteria. Among these are the extent of the catch being utilized for domestic consumption; the respective contributions of participants to conservation and management of the stocks, including the provision by them of accurate data and their contribution to the conduct of scientific research in the convention area; the special circumstances of a State which is surrounded by the EEZ of other States and has a limited exclusive economic zone of its own; the needs of small island developing States (SIDS), territories and possessions in the Convention Area whose economies, food supplies and livelihoods are overwhelmingly dependent on the exploitation of marine living resources; the needs of coastal communities which are dependent mainly on fishing for the stocks; the fishing interests and aspirations of coastal States, particularly small island developing States, and territories and possessions, in whose areas of national jurisdiction the stocks also occur; and the record of compliance by the participants with conservation and management measures.

Hawaii and the US Territory of American Samoa, a WCPFC Participating Territory, have felt the brunt of the recent closures due to the US quotas developed by the WCPFC. Ninety-seven percent of the Hawaii longline bigeye tuna catch is consumed domestically, according to the United Fishing Agency, Honolulu’s iconic fish auction. The Hawaii longline fishery operates in a region of the Pacific with the lowest impact to the bigeye stock.

The Territory of American Samoa is surrounded on all sides by the EEZ of other nations. In addition, 25 percent of the US EEZ surrounding American Samoa is currently closed to US purse seine and longline vessels due to the Rose Atoll Marine National Monument, created by Presidental executive order, and the Large Vessel Prohibited Area for pelagic fishing vessels over 50 feet in length established by the Council.

A detailed analysis of the dependence of American Samoa on US purse seine vessels delivering to Pago Pago canneries is forthcoming from NMFS. The US government recently denied a petition by Tri Marine Management Company requesting that it open the high seas and US EEZ to US purse seiners delivering at least half of their catch to tuna processing facilities in American Samoa. NMFS said it needed the economic analysis of the impact of the closure and issued an advance notice of proposed rulemaking with the petition denial.

Congresswoman Aumua Amata of American Samoa expressed her disappointment in the decision by NMFS. Addressing the Council yesterday, she said that American Samoa is in dire straits. “It goes back to US government making decisions that are detrimental to American Samoa. We’ve had enough of it. It has got to stop. We don’t have IBM, Coca Cola or Silicon Valley for job creation. We just have the fisheries.”

US Congresswoman Aumua Amata of American Samoa expressed her disappointment in the “US government making decisions that are detrimental to American Samoa …. We don’t have IBM, Coca Cola or Silicon Valley for job creation. We just have the fisheries.”

Va’amua Henry Sesepasara, coordinator of the American Samoa Fishery Task Force, said that the petition Tri Marine filed with NMFS was made as a member of the Task Force. The Task Force was set up earlier this year by Gov. Lolo Matalasi Moliga to protect and sustain the competitive advantage of the Territory’s two canneries. The Task Force includes representation of both StarKist Samoa and Samoa Tuna Processors, a wholly owned subsidiary of Tri Marine.

Lt. Gov. Lemanu P. Mauga in his remarks to the Council yesterday said “StarKist and Tri Marine are our government’s life support in terms of our economy and jobs and our people’s social growth. A good number of American Samoa’s population works at StarKist and Tri Marine.” He asked the Council to imagine what would happen if these two canneries ceased operating because of the federal mandate to raise the minimum wage, the decision to restrict US-based purse-seine vessels on the high seas and exclusive economic zone or American Samoa not being afforded the same opportunity as other SIDS.

The Council recommended that the US government ensure that the US Participating Territories to WCPFC are linked with SIDS in terms of WCPFC conservation and management measures and are afforded the same recognition and opportunities as other SIDS in the region.

Christinna Lutu-Sanchez of the Tautai Longline Association voiced support for all of American Samoa fisheries. “It is about access to fishing grounds. Yes, we are great citizens of the world. But we don’t want to sacrifice our US fleet for the whole entire world.” She noted that tuna is a global commodity and American Samoa fisheries impact a small portion of it.

As attested to by the recent area closures of the Hawaii longline fishery for bigeye tuna and the US purse seine fishery on the high seas and in the US EEZ, US monitoring and compliance with WCPFC conservation and management measures is unsparing if not exemplary. The US longline vessels in Hawaii targeting tuna are required to have 20 percent observer coverage and those targeting swordfish are required to have 100 percent observer coverage. On the other hand, the WCPFC requires a minimum of 5 percent observer coverage, and there is no mechanism in the WCPFC to sanction non-compliance. Council members voiced their frustration with the lack of compliance and monitoring in the fisheries of other nations.

After much deliberation, the Council took action on 20 items related to pelagic and international fisheries, the majority related to the WCPFC.

Other highlights yesterday included Council recommendations regarding redevelopment of the small-scale alia fishery in American Samoa, which was destroyed by a tsunami in 2009; the presentation of a $50,000 check from the Council to the American Samoa Port Administration as the first installment to develop a longline dock at Malaloa; the swearing in of Michael Duenas and Michael Goto as reappointed Council members fulfilling the obligatory seats of Guam and Hawaii, respectively; and recognition of Lauvao Stephen Haleck as this year’s Richard Shiroma Award recipient for his outstanding contributions to the Council. High Talking Chief Lauvao (from Aunu’u) was a former Council member and an active member of the Council’s Advisory Panel when he passed away last month. His wife, Melesete Grohse-Haleck, accepted the award on his behalf.

The Council meeting continues today at the Lee Auditorium in Utulei and is being streamed live at https://wprfmc.webex.com/join/info.wpcouncilnoaa.gov. For more on the meeting, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the CNMI and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval.

American Samoa is surrounded by the EEZ of other countries and has a limited commercial fishing area within the EEZ surrounding it. The WCPFC Convention provides special consideration for these circumstances when developing criteria for allocation of the total allowable catch or the total level of fishing effort.

Fishery Advisors Focus on Mounting Tuna Management Concerns

October 21 2015 — UTULEI, American Samoa — The following was released by the Western Pacific Regional Fishery Management Council:

Meetings leading up to the convening of the 164th Western Pacific Regional Fishery Management Council continued yesterday in Utulei, American Samoa. The Pelagic and International Standing Committee began the day supporting recommendations of the Council’s advisory bodies that met in Utulei on Monday as well as those of the Scientific and Statistical Committee (SSC) and the US Permanent Advisory Committee (PAC) to the Western and Central Pacific Fisheries Commission (WCPFC), which met earlier in the month in Honolulu. Also meeting yesterday were the Program Planning Standing Committee and Executive and Budget Standing Committee. The Council will consider the recommendations of these advisory groups when it meets today and tomorrow at the Lee Auditorium in Utulei.

American Samoa longline vessels docked at Pago Pago harbor.

One topic of concern to multiple advisory bodies is the American Samoa tuna fleet, which consists of longline vessels targeting South Pacific albacore and purse-seine vessels targeting skipjack. The local longline vessels have suffered from reduced catches, possibly due to an unchecked, four-fold increase in the Chinese fleet in the region, while the local purse-seine vessels have suffered from a reduction in their traditional fishing grounds in the Kiribati exclusive economic zone (EEZ) from 4,313 fishing days in 2014 to 300 days this year. Established by the United States for its purse seine vessels, the Effort Limit Area for Purse Seine (ELAPS) includes all areas of high seas and US EEZ between 20 degrees N and 20 degrees S in the WCPFC Convention area, i.e., the Western and Central Pacific Ocean (WCPO). US purse seine vessels have been shut out of the high seas and US EEZ since June 15 when the US purse seiners reached the US limit of 1,828 fishing days.

“American Samoa’s economy is tuna dependent, and it has a tuna fishery that includes the purse seine, longline and alias that are based there,” states the PAC recommendation. “The US needs to advocate for its tuna fishery based in American Samoa.” According to the PAC, current conservation and management measures of the WCPFC that limit high seas days is damaging to the US purse seine fleet and the canneries in American Samoa.One topic of concern to multiple advisory bodies is the American Samoa tuna fleet, which consists of longline vessels targeting South Pacific albacore and purse-seine vessels targeting skipjack. The local longline vessels have suffered from reduced catches, possibly due to an unchecked, four-fold increase in the Chinese fleet in the region, while the local purse-seine vessels have suffered from a reduction in their traditional fishing grounds in the Kiribati exclusive economic zone (EEZ) from 4,313 fishing days in 2014 to 300 days this year. Established by the United States for its purse seine vessels, the Effort Limit Area for Purse Seine (ELAPS) includes all areas of high seas and US EEZ between 20 degrees N and 20 degrees S in the WCPFC Convention area, i.e., the Western and Central Pacific Ocean (WCPO). US purse seine vessels have been shut out of the high seas and US EEZ since June 15 when the US purse seiners reached the US limit of 1,828 fishing days.

Additionally, Council advisory bodies recommend that NMFS expedite its economic analysis of the impacts of the US purse-seineeffort limit rules. A petition filed on May 12 by Tri Marine Management Company to open the ELAPS to US purse seiners delivering at least of half of their catch to tuna processing facilities in American Samoa is being denied by NMFS due to lack of this information. The petition had unsuccessfully invoked the special requirements the WCPFC affords to Small Islands Developing State (SIDS) and Participating Territories, including American Samoa, in recognition of their aspirations to develop their fisheries.

The second issue addressed by multiple advisors concerns bigeye tuna, which has been experiencing Pacific-wide overfishing for decades. The species is targeted by the Hawaii longline fishery, which reached the 2015 US quota of 3,554 metric tons (mt) in the WCPFC Convention area on Aug. 5. The fishery was closed in the WCPO for two months until NMFS on Oct. 9 approved a fishing agreement that allows the Commonwealth of the Northern Mariana Islands (CNMI) to transfer 1,000 mt of its 2,000 mt quota to the Hawaii fishery.

The Council is tasked annually with recommending the bigeye quota for CNMI, American Samoa and Guam. Some advisers say the Council should specify the 2016 US Territory longline bigeyetuna limits at 2,000 mt per Territory or higher based upon scientific assessment that it doesn’t impede international bigeye conservation objectives, whereby 1,000 mt per Territory or more would be authorized to be allocated to US fishermen through fishing agreements approved by NMFS. Other advisors and a majority of the PAC recommend that the United States work to restore the bigeye catch limit applicable to the Hawaii longline fishery. The fishery’s 2009 level established by the WCPFC was 3,763 mt, i.e., the fishery’s 2004 catch of 4,181 mt minus 10 percent. It was noted that the Hawaii fishery is highly monitored, fishes in an area of low impact to the bigeye stock and supplies a local domestic market. It has also recognized the Hawaii longline fishery has been the only longline fishery to close down due to reaching its limit.

The SSC and the PAC propose that the United States at the 12^th regular meeting of the WCPFC introduce and strongly advocate for spatial management of the longline fisheries to conserve bigeye. The meeting will be held Dec. 3 to 8 in Bali, Indonesia. The SSC also suggests that work plans be developed to register fish aggregation devices as fishing gear, to research the Eastern Pacific Ocean as a bigeye tuna spawning area and to address observer coverage and monitoring. The PAC agrees that there are serious concerns of an uneven playing field with regards to compliance and monitoring within the WCPFC and recommends that the United States significantly increase its efforts to gain improvements in enforcement and monitoring of fisheries of other WCPFC member countries to a level that is comparable to the United States.

Another common concern of the Council’s advisory bodies is the development of the American Samoa alia (small-scale catamaran) fleet. They recommend that the American Samoa Government allocate money it received for disaster relief to fix the alia in the Manu`a Islands to be seaworthy for fishing. They also suggest the Council work with the local alia fleet and the American Samoa government on training opportunities to improve seafood handling and quality, identification of export markets and reduced freight costs.

Multiple advisory bodies also recommend that the Council select annual catch limits for bottomfish in the US Territories for 2016 and 2017 equal to the acceptable biological catch set by the SSC. This would equate to 106,000 pounds for American Samoa; 66,000 pounds for Guam; and 228,000 pounds for CNMI.

For more on the Council meeting, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the CNMI and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval.

NMFS to Deny Tri Marine Petition, Fishery Council Asked to Expedite Analysis of the Cost to American Samoa

October 20, 2015 — The following was released by the Western Pacific Regional Management Council:

UTULEI, American Samoa — The National Marine Fisheries Service (NMFS) will not undertake an emergency rulemaking to exempt U.S. purse seine vessels that deliver at least half of their catch to tuna processing facilities in American Samoa from the closure of the area known as the Effort Limit Area for Purse Seine (ELAPS). Michael Tosatto, Regional Administrator of the NMFS Pacific Islands Regional Office, made the announcement to the Fishing Industry Advisory Committee (FIAC), during its meeting yesterday at the Rex Lee Auditorium in Utulei, American Samoa. The FIAC advises the Western Pacific Regional Fishery Management Council, which will convene at the Lee Auditorium on Wednesday and Thursday.

NMFS closed the ELAPS on June 15. The ELAPS is comprised of all areas of high seas and U.S. exclusive economic zone (EEZ) between 20 degrees N and 20 degrees S in the Western and Central Pacific Fisheries Commission (WCPFC) Convention area. The closure remains in effect until Dec. 31, 2015. “NMFS finds it is not appropriate to grant the petition as it was requested,” Tosatto said. The ELAPs closure may have economic impacts, he added, but whether these impacts warrant action would take more information and more time to analyze the information.

Tri-Marine Management Company had submitted the petition for the emergency rule to NMFS on May 12. The company owns 10 purse seine vessels home ported in American Samoa as well as a tuna cannery in the U.S. territory.

Public view an American Samoa purse seiner during the Fishers Forum on American Samoa Fisheries, hosted on Oct. 17 by the Council and the American Samoa Department of Marine & Wildlife Resources at the Port Administration main dock at Fagatogo.

The Tri Marine petition argued that the ability of American Samoa-based tuna vessels to operate profitably is in serious question due to the loss of access to traditional fishing grounds among other reasons. The traditional grounds have been the EEZ of Kiribati. This year Kiribati provided U.S. vessels with only 300 fishing days for the entire U.S. purse seine fleet, after allowing 4,313 fishing days (60 percent of all US flag fishing days in the region) in 2014.

The lack of fishing grounds causes a lack of reliable supply of tuna from these vessels, which will jeopardize the ability of the canneries in American Samoa to compete in world markets, according to Tri Marine. The petition invokes the WCPFC Convention, which supports full recognition to the special requirements of developing Small Island Developing State (SIDS) or participating territories, including American Samoa.

Joe Hamby, Tri Marine Group’s chief operating officer, expressed disappointment of the decision “considering the dire straits the vessels are going through.” He said Tri Marine looks forward to working with NOAA on providing information and asked “What is the timeline?” He noted that the original petition was six months ago.

Tosatto said it is hard to put a timeline on what it will take. “WCPFC has a lot of clauses and we are exploring those. … It will be several months.” He said a Federal Register notice on the decision will be published in the next few days.

In regards to the potential impacts to America Samoa from reduced access for US purse seine vessels based in America Samoa, the FIAC recommended that the Council request that NMFS expedite its economic analysis on impacts to America Samoa of the US rules on purse seine effort limits.

The FIAC also recommended that the Council undertake the following actions:

Continue to advocate for more effective international management of the South Pacific albacore longline fishery and notes that the economic conditions for longline fisheries across the region remain well below historic levels.
Initiate further discussions with America Samoa longline participants, America Samoa canneries and other interested parties on the costs and benefits of obtaining Marine Stewardship Certification.
Request that the US government work to restore US bigeye tuna limits applicable to the Hawaii fishery and recognizes that it is highly monitored, fishes in an area of low impact to the bigeye stock and supplies a local domestic market.
Request that NMFS work with the fishing industry on the development of the national traceability program and to limit impacts on US fishermen and US seafood products.
Work with the local alia fleet and American Samoa government on training opportunities to improve seafood handling and quality, identification of export markets and reduced freight costs.
Respond to the proposed rule on Marine Mammal Protection Act (MMPA) import provision by supporting the general intent of the provision, which is to level the playing field for U.S. fisheries by requiring similar marine mammal bycatch mitigation provisions for foreign fisheries exporting fish and fish products to U.S., and expressing concern that the process and requirements outlined in the proposed rule are extremely complex and burdensome and have the potential to divert resources necessary to implement MMPA provisions for domestic fisheries, may impact the U.S. seafood import industry and result in other unintended consequences to the domestic fishing and seafood industries.

The American Samoa Regional Ecosystem Advisory Committee (REAC) and the American Samoa Advisory Panel, two other committees that advise the Council, also met yesterday at the Lee Auditorium. The REAC reviewed ongoing expansion of the Council archipelagic and pelagic fishery ecosystem annual reports to further incorporate ecosystem components and provided recommendations to Council staff regarding data availability. The REAC recommended that it should participate in reviewing the draft reports for completeness and accuracy.

American Samoa Regional Ecosystem Advisory Committee met yesterday at the Lee Auditorium in Utulei, American Samoa, to discuss enhancements to the Fishery Ecosystem Plans for the Western Pacific Region among other topics.

The Advisory Panel recommended that the Council undertake the following:

Support fisheries development in American Samoa as a SIDS in international commissions and organizations
Specify the 2016 US Territory longline bigeye tuna limits at 2,000 metric tons (mt) per Territory or higher based upon scientific assessment that it doesn’t impede international bigeye conservation objectives, whereby 1,000 mt per Territory or more would be authorized to be allocated to US fishermen through Amendment 7 specified fishing agreements.
Support and advocate for the participation of the local tuna fleet, as well as all of the various fishing sectors, in discussions and local, national, regional and international meetings that may affect the American Samoa fishing industry.
Request that the US Coast Guard maintain consistent inspection and enforcement actions for both land-based and at sea operations for the American Samoa fishing industry and report on the potential for improving the response time to distress and emergency calls initiated from vessels within American Samoa’s fishing fleet.
Support the resolution of local laws supporting the prohibition of shark finning to mirror federal regulations that allow the capture and landing of the whole shark.
Select the annual catch limit equal to the acceptable biological catch at 106,000 pounds for the territory bottomfish fishery in the 2016 and 2017 fishing years with a corresponding probability of overfishing of 22.9 percent and 37 percent, respectively.
Recommend that the American Samoa Government allocate the money necessary to fix the alia vessels preferably in Manu`a to be seaworthy for fishing from the disaster relief fund.
Request NMFS expedite its economic analysis on impacts of the US rules on purse seine effort limits.
Support the evaluation of the effectiveness of marine managed areas in American Samoa.

The Council will consider the recommendations of its advisory committees and standing committees, which meet today in Utulei, when it convenes Oct. 21 and 22 at the Lee Auditorium. For more on these Council meetings, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220. The Council was established by Congress under the Magnuson-Stevens Fishery Conservation and Management Act in 1976 to manage domestic fisheries operating seaward of State waters around Hawai`i, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and the US Pacific Island Remote Island Areas. Recommendations by the Council are transmitted to the Secretary of Commerce for final approval.