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Hawaii Longline Leader Testifies on Ways to Strengthen the MSA

July 27, 2017 — SEAFOOD NEWS — A Hawaii fishing industry leader made three suggestions to the House Natural Resources Committee’s Subcommittee on Water, Power and Oceans during a hearing last week on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.” The hearing was designed to continue discussions relevant to MSA reform and consider current draft legislation.

Hawaii Longline Association President Sean Martin, one of four invited witnesses, said overall the MSA is working well, but the Hawaii seafood industry is facing problems related to national monuments created under the Antiquities Act, Endangered Species Act issues and more.

“The MSA is a success and should be the principal source of authority for management of U.S. fisheries,” Martin said in his testimony. “Overfished stocks have been rebuilt, and few stocks are now overfished. Management measures are precautionary and based on the best scientific information available. The regional fishery management councils provide regional fishing expertise and utilize an effective bottom-up decision making process that includes the fishing industry. The MSA also requires the evaluation of impacts on fish stocks as well as fishermen and fishing communities.”

However, the 140 active vessels in the longline fleet, which lands roughly $100 million worth of tuna and other highly migratory fish annually, is struggling with access to fishing grounds.

“We operate in a very competitive arena, both for fishing grounds in international waters and for the U.S. domestic market. The recent marine monument designations established under the Antiquities Act prohibits us from fishing in 51 percent of the US Exclusive Economic Zone in the Western Pacific region,” Martin said. “Access to the high seas is also being challenged by recent United Nations initiatives. Closure of US waters and the high seas hurts us, reducing our ability to compete and increasing the vulnerability of our markets to foreign takeover.”

Martin said the longliners have worked with NMFS and the Western Pacific Regional Fishery Management Council for more than 25 years to ensure sound fishery data would be used in stock assessments and regulations. They have collaborated on research such as gear modifications to protect sea turtles, seabirds and marine mammals.

“We are proud of our efforts and the Hawaii longline fishery is an iconic, internationally recognized model fishery. It is the most highly monitored, strictly regulated longline fishery in the Pacific,” he said.

With that, Martin suggested three things to help make the MSA stronger:

  1. Manage U.S. ocean fisheries through the MSA process;
  2. Strengthen support for U.S. fisheries in the international arena; and
  3. Simplify the MSA regulatory process.

“In recent years, the management of fisheries covered by the MSA has been circumvented by other statutes and authorities,” Martin said regarding using the MSA process for managing ocean fisheries. “This includes the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, National Marine Sanctuaries Act, and the Antiquities Act. These acts do not require the same level of public consultation and transparency as compared to the MSA.

“For our fishery, the biggest gains in protection have been achieved through the Council process. For example, sea turtle and seabird interactions were reduced by 90 percent as a result of industry cooperative research and Council developed regulations. In HLA’s view, fisheries should be managed primarily through the fishery management councils under the MSA. This ensures a transparent, public, and science-based process which allows the fishing industry and stakeholders to be consulted. It provides that analyses of impacts to fishery dependent communities are considered, and prevents regulations that might otherwise be duplicative, unenforceable, or contradictory.

“Past administrations have established huge national marine monuments in the Pacific totaling more than 760 million acres of U.S. waters under the Antiquities Act of 1906. In our view, marine monument designations were politically motivated and addressed non-existing problems. Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these marine monuments. Public input was minimal.”

Regarding support for U.S. fisheries in the international arena, Martin said, “In 2016, Congress enacted ‘Amendments to the Western and Central Pacific Fisheries Convention Implementation Act’ (16U.S.C. 6901 et seq.). The amendments direct the Secretaries of Commerce and State to seek to minimize any disadvantage to U.S. fisheries relative to other fisheries of the region and to maximize U.S. fisheries’ harvest of fish in the Convention Area.

“The amendments are intended to level the playing field between
U.S. and foreign fisheries. U.S. fisheries managed under the MSA are sustainable, yet they are often disadvantaged within international fisheries commissions. U.S. fishing interests require strong U.S. government negotiators to advocate and support U.S. fisheries.

“For example, the Hawaii longline bigeye quota has been reduced to 3,345 metric tonnes (mt), while quotas for other countries have not been reduced (e.g. Indonesia). The WCPFC-imposed quotas are based on historical catch and do not match current fishing capacity. For example, Japan has a bigeye quota of nearly 17,000 mt, but only catches around 11,000 mt. China has been expanding its longline fleet from about 100 vessels in 2001 to over 430 vessels in 2015, and has a bigeye quota of around 7,000 mt. Our fleet has been limited to 164 permits since 1991. China is continuing to expand its longline fisheries and supplying US markets with poorly monitored seafood.”

Lastly, Martin hit on another problem faced by several industry groups around the country, not just in Hawaii: Simplifying the MSA regulatory process. The National Environmental Policy Act has caused delays and duplications in several regions.

“HLA supports the regional councils’ efforts to achieve a more streamlined process for approval of regulatory actions,” Martin testified. “A fishery management plan document from a regional council typically contains a full discussion of impacts on the fisheries, on the fish stocks, and on associated species (e.g., endangered species, marine mammals, seabirds, etc.).

“The National Environmental Policy Act requires duplicative evaluation and incongruent public comment periods. The analytical duplication between the MSA and NEPA is unnecessary, delays needed actions, has a high cost, and provides more avenues for legal challenges and delays on non-MSA grounds. Also, it is often very confusing to the industry with regard to timing and where we should apply our input in the process.”

Martin said the longline association recommends amending the MSA to authorize a single analytical document for any proposed regulatory action that will streamline the process, eliminate duplication and allow for more meaningful industry input.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

WESPAC’s Work To ‘Define Cultural Fishing’ Could Impact American Samoa

June 29, 2017 — An attorney with the US National Oceanic and Atmospheric Administration has hinted to a federally established group that its work to define cultural fishing will have an impact on future issues pertaining to fisheries in American Samoa.

One of the main issues on the agenda at last week’s three-day meeting of the Western Pacific Regional Fisheries Management Council, held in Honolulu, dealt with defining cultural fishing in American Samoa, following a Honolulu federal judge’s decision in March, that the US National Marine Fisheries Services failed to consider the Deeds of Cession, when implementing the 2016 amendment to the Large Vessel Prohibited Area in territorial waters.

US District Court Judge Leslie Kobayashi said the NMFS’ 2016 LVPA Rule disregards its obligations under the Deeds of Cession to “protect and preserve cultural fishing rights in American Samoa.” (The Deeds for Tutuila and Aunu’u were signed in 1900, and 1904 for Manu’a — with the US.)

There were several discussions during the Council’s three-day meeting on ways to define cultural fishing and what is considered cultural fishing, as well as protecting and preserving cultural fishing in the territory.

What was clear from the speakers and answers from NOAA officials as well as others, is that ASG, the local fishing community, and others in the territory need to be consulted for a final definition.

Among the many questions raised, were those from American Samoa Council member, Christinna Lutu-Sanchez, who wanted to know if once the cultural fishing definition is finalized, would that cultural fishing definition apply to anyone fishing within the LVPA, and not necessarily just the US longline fleet based in American Samoa.

Read the full story at Pacific Islands Report

Hawaii Loses A Fishery Council Seat After Governor’s Fumble

June 29, 2017 — Hawaii managed to hold onto one of the two at-large seats it has historically held on the Western Pacific Regional Fishery Management Council thanks to the governor of the Northern Mariana Islands nominating someone from the Aloha State.

Edwin Ebisui, a lawyer, part-time commercial fisherman and the council’s current chair, has been appointed to serve another three-year term, the U.S. Commerce Department announced Wednesday.

The other at-large seat will go to commercial tuna fisherman Eo Mokoma of American Samoa, who will replace Kona charter fisherman McGrew Rice after his term ends Aug. 11. Mokoma operates the only active longline boat in the territory, an alia catamaran, according to the nomination letter American Samoa Gov. Lolo Moliga sent to the National Marine Fisheries Service.

Gov. David Ige’s administration twice missed deadlines to submit to federal officials a list of nominees to fill two of the at-large seats that are expiring on the council, which manages fish stocks in nearly 1.5 million square miles of the Pacific Ocean.

The Commerce Department, which oversees the National Oceanic and Atmospheric Administration, was left to choose from the lists of nominees provided by the governors of American Samoa and the Northern Marianas. Guam, the other U.S. territory represented on the council, which has 13 voting members, did not nominate anyone.

Read the full story at the Honolulu Civil Beat

Blown Deadlines Weaken Hawaii’s Voice On Federal Fishery Council

June 28, 2017 — Hawaii will soon have less influence in setting national policies that affect everything from commercial fishing to endangered species in nearly 1.5 million square miles of the Pacific Ocean.

Gov. David Ige’s administration twice missed deadlines to submit to federal officials a list of names to fill two at-large terms that expire in August on the Western Pacific Regional Fishery Management Council.

The seats have historically been held by Hawaii residents. Instead, they will be filled from the lists provided by the governors of American Samoa and the Northern Mariana Islands. Guam, the other U.S. territory represented on the council, did not nominate anyone.

Environmentalists see it as a missed opportunity for Ige to rebalance the council, which has long weighed heavier on the side of the commercial fishing industry than conservation. Others view it as a blown chance for Hawaii’s longline tuna fishermen to maintain their grip on the council’s direction.

Read the full story at the Honolulu Civil Beat

It Looks Like Another Good Year For Hawaii Tuna Fishermen

June 15, 2017 — Hawaii’s longline fishermen will hit their annual 3,138-ton limit for bigeye tuna in the western and central Pacific by early September, according to a forecast Wednesday by federal fishery biologist Christofer Boggs.

But that’s not expected to stop them from setting their hooks for more ahi through the end of the year. In fact, the longliners may be able to haul in another 3,000 tons thanks to deals that let them attribute additional catch to certain U.S. territories in exchange for payments to a federally managed fund.

Environmental groups are concerned that the quota-sharing agreements are leading to overfishing.

But they’re good news for consumers who enjoy fresh ahi poke, sashimi and tuna steaks that are revered in the islands. Prices can spike when the fishery closes and a constant supply helps the market remain more stable.

Boggs delivered his report to the Scientific and Statistical Committee that advises the Western Pacific Regional Fishery Management Council. The council, known as Wespac, is tasked with developing policies to prevent overfishing, minimize bycatch and protect fish stocks and habitat but has a long history of fighting for measures to benefit the fishing industry and getting sued for hurting the environment.

Read the full story at the Honolulu Civil Beat

Hawaii coral recovery efforts progress as Trump pulls support from Paris accord

June 5, 2017 — President Donald Trump’s decision Thursday to withdraw the United States from the Paris climate accord will hamper efforts to stem global warming throughout the world — the primary cause of rising ocean temperatures that pose the single greatest threat to Hawaii’s marine ecosystems.

Responsible for more CO2 emissions than any country save for China, the United States’ exit from the Paris agreement was met with dissension not only from some within Trump’s own administration but also from environmental activists, business leaders across the country and political leaders across globe.

Scientists in Hawaii also balked at Trump’s move, saying the state will not escape the subsequent ripple effect as it works to mitigate environmental impact to coral reefs on the heels of back-to-back years of coral bleaching in 2014 and 2015, the latter of which was part of the third global bleaching event in history.

“If we don’t solve the global emissions (problem) … everything that we do on reefs is substantially harder,” said Thomas Oliver, ocean acidification program manager with the Pacific Islands Fisheries Science Center. “The Paris accord so far represents the best international response we’ve ever had to deal with the problem.”

Dr. Bill Walsh, West Hawaii aquatic biologist for the Hawaii Division of Aquatic Resources, said concerns extend beyond a departure from the Paris agreement to the administration’s general attitude toward climate change and the federal agencies tasked with combating it.

“Even apart from the Paris accord, if the withdrawal or rather the attack of the administration on scientific organizations (like) NOAA or the Environmental Protection Agency — we work hand in hand with them,” he said. “A lot of our ability to effectively monitor the reefs over these years has been due to money the state gets directly from NOAA. We’re all sort of intertwined here.”

Walsh and Oliver each helped develop the Coral Bleaching Recovery Plan, a detailed report synthesizing input from international and local experts along with relevant scientific literature on the problem.

Released in March after roughly a year of work, the strategies the report recommends revolve around establishing networks of no-take Marine Protected Areas (MPAs) and Herbivore Fishery Management Areas (HFMAs).

Strategies also include spatial management of coral reef areas with inherent resiliency to bleaching or a high potential for recovery from bleaching. The final recommendation involves increased enforcement.

Read the full story at West Hawaii Today

Trump Targets National Monuments, Including Papahanaumokuakea

April 26, 2017 — President Donald Trump is ordering a review of the designations for more than two dozen national monuments, including ecologically rich marine preserves in the Pacific such as Papahanaumokuakea, Marianas Trench and the Pacific Remote Islands.

Through an executive order he is expected to sign Wednesday, Trump will instruct Secretary of the Interior Ryan Zinke to engage in a sweeping review of many national monuments created by presidential proclamation since 1996.

The Papahanaumokuakea Marine National Monument in the Northwestern Hawaiian Islands, which was dramatically enlarged by President Barack Obama last summer despite the opposition of the local fishing industry, would be included in the review. Opponents of Obama’s decision have taken their complaints to Washington.

In a Tuesday press briefing held at the White House and by telephone with reporters around the country, Zinke said he has been asked to evaluate the monuments created in the past 20 years that encompass more than 100,000 acres to see whether local communities should be given additional input into their scope and restrictions.

He said he would look specifically at monuments that have been made off-limits to what he called “traditional uses,” such as farming, ranching, timber harvesting, mining, oil and gas exploration, motorized recreation and fishing. An important criteria would be whether jobs were created or eliminated by the monuments, he said.

Zinke estimated 24-40 monuments were likely to come under review.

Read the full story at the Honolulu Civil Beat 

Amendment to Billfish Conservation Act Would Shutdown U.S. Markets, WESPAC expresses opposition

April 4, 2017 — The following was released by the Western Pacific Regional Fishery Management Council: 

The Western Pacific Regional Fishery Management Council recently concluded its 169th meeting in Honolulu, during which S.396, an amendment to the Billfish Conservation Act (BCA), was discussed. The proposed amendment would shut down the long established U.S. market for U.S. fisheries operating within the Western Pacific Region (Hawaii, American Samoa, Guam and the Northern Mariana Islands).

North Pacific blue marlin, which comprises the largest component of non-swordfish billfish landings in the Western Pacific Region, is not experiencing overfishing nor is it in an overfished condition. In the Atlantic, blue marlin is both overfished and is subject to overfishing. Marlin and other billfish sent from Hawaii to the US mainland are required to have a Billfish Certificate of Eligibility (COE), which identifies the fishing vessel, its homeport and the port and date of offloading. Hawaii markets about 550,000 lbs. of billfish per year to the U.S. mainland, worth about $600,000 annually in wholesale value. The Western Pacific Region also has an industry of value added billfish products such as smoked marlin and marlin paté, jerky and sausages.

The Council voted to send a letter to the Secretary of Commerce on the stock status of Pacific billfish and the economic impact of the introduced amendment. The Council also noted that US mainland sport fishing tournaments target billfish and is requesting that the National Marine Fisheries Service  provide information on the estimated number of billfish killed in these US mainland tournaments and whether or not the billfish retained goes to local consumption.

Read the full letter to Secretary of Commerce Wilbur Ross here

Feds to Reopen Papahanaumokuakea to Fishing?

March 27, 2017 — The following was released by the Western Pacific Regional Management Council: 

The Western Pacific Regional Fishery Management Council concluded its three-day meeting in Honolulu with a suite of recommendations, many of which are focused on keeping U.S. fishing grounds open to sustainably managed U.S. fisheries.

The council includes the local fishery department directors from Hawaii, American Samoa, Guam and the CNMI, fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.

Marine national monuments, national marine sanctuaries, other marine protected area designations and Department of Defense training are among the uses that are increasingly closing off fishing grounds in U.S. waters.

Council Chair Edwin A. Ebisui Jr. clarified that council communications to the administration about impacts of marine national monuments on fisheries are not lobbying.

Some environmental activists recently made misleading statements about this in regards to a letter to President Trump prepared on March 1, 2017, by the Council Coordination Committee or CCC. The CCC includes the chairs of the nation’s eight regional fishery management councils. The letter details the impact of designations of Marine National Monuments under the Antiquities Act in the Atlantic and Pacific Oceans and was submitted to the president after conferring with the NOAA Office of General Counsel.

Read the full story at The Hawai’i Free Press 

Western Pacific Council to Tackle Management in Papahanaumokuakea Marine National Monument

March 23, 2017 — SEAFOOD NEWS — At this week’s Western Pacific Regional Fishery Management Council in Honolulu, members are developing new fishing rules for the marine national monument that was expanded last year and decided which species will be under federal management as components of the area’s ecosystem.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas. The Council includes the local fishery department directors from Hawai’i, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI), fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.  The meeting runs through tomorrow and is open to the public.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas.

The Hawai’i-based longline fleet is expected to redirect its fishing efforts to the high seas (beyond 200 miles from shore) or into the allowable longline fishing area 50 to 200 miles offshore around the main Hawaiian Islands. The Hawai’i longline fleet, which catches bigeye tuna and swordfish, is banned from 0 to 50 miles throughout Hawai’i.

While the Presidential proclamation bans commercial fishing around the NWHI, it allows regulated non-commercial and Native Hawaiian subsistence fishing.

This week the Council is considering the results of public scoping meetings that were conducted throughout Hawai’i in December as well as the recommendations of its advisory bodies.

The Council’s Scientific and Statistical Committee (SSC), which met March 7 to 9 in Honolulu, recommends that existing data, such as data from the former sport-fishing operation at Midway Atoll in the NWHI and the Hawaii tuna tagging project, be explored.

The SSC also recommends that potential impact on protected species be considered as fishing effort is redistributed.

The Council advisory bodies jointly support the removal of fishing provisions in the NWHI as well as other marine monuments in the region: Rose Atoll (American Samoa), Marianas Trench (CNMI) and Pacific Remote Islands (the US atoll and island possessions of Johnston, Palmyra, Wake, Baker, Howland, Jarvis and Kingman Reef). The group recommends that the Council continue to express its concerns to the new Administration regarding the impacts to fisheries from the monument designations and their expansions as well from military closures and other marine protected areas in the region.

In addition to management of the monument, the Council will determine which of the thousands of marine species in the region will be managed using annual catch limits as targeted fish species,  and which will be managed using other tools (for example, minimum sizes and seasonal closures) as ecosystem component species. The Council may endorse the SSC recommendation to form an expert working group to ensure the final listings take into account species of social, cultural, economic, biological and ecological importance.

As part of the Council meeting, a Fishers Forum on Using Fishers Knowledge to Inform Fisheries Management will be held 6 to 9 p.m. on March 22 at the Ala Moana Hotel, Hibiscus Ballroom. The  event includes informational booths, panel presentations and public discussion.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

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