Saving Seafood

Trump Plan to Open Up Monuments Draws Industry Praise, Environmentalists’ Ire

Interior Secretary Ryan Zinke is also moving to expand fishing, hunting at national monuments

September 21, 2017 — More than 100 miles off Cape Cod, a patch of the Atlantic Ocean conceals four undersea mountains, three canyons deeper than the Grand Canyon, and serves as a refuge for the world’s most endangered sea turtle.

It also supports a buffet of tuna and swordfish vital to the livelihood of New Jersey fisherman Dan Mears, whose lines have been banned from the zone since former President Barack Obama designated the area as the Atlantic’s first federal marine preserve last year.

But the Northeast Canyons and Seamounts could reopen to commercial fishing if President Donald Trump enacts the recent recommendations of his Interior Secretary to reduce protections of land and sea preserves known as national monuments.

“I couldn’t believe it when they cut that off,” said Mr. Mears, 58, of Barnegat Light, N.J., who owns the 70-foot fishing vessel Monica, and estimates he lost about one third of his catch after the area was closed to him and other types of commercial fishing last year. “It’s going to be huge if we can get that back.”

Interior Secretary Ryan Zinke, whose department manages federal lands, is making major moves to open up protected swaths of land and ocean to industry, recreational hunting, shooting and fishing.

In Hawaii, Mr. Zinke’s recommendation to allow fishing in the Remote Pacific islands about 300 miles south of the Hawaiian Islands could increase the catch there by about 4%, said Sean Martin, president of the Hawaii Longline Association.

“That may not sound like much, but if you cut your salary by 3% or 4% it’s a big deal to you,” Mr. Martin said. “Certainly this will have economic importance to us.”

Read the full story at the Wall Street Journal

Man Sentenced to Prison for Beating Hawaiian Monk Seal

September 6, 2017 — It took less than an hour for the video to go viral; less than 2 days for federal, state, and local authorities to make an arrest; and less than 15 months to resolve the case and send the guilty party to jail. On July 26, Shylo Akuna was sentenced to 4 years in prison after being found guilty of harassment of a critically endangered Hawaiian monk seal.

“It’s a top priority for NOAA Fisheries, NOAA’s Office of Law Enforcement, and our state enforcement partners to protect our nation’s critically endangered marine mammals,” said Jim Landon, Director of NOAA’s Office of Law Enforcement (OLE). “This case is a great example of collaborative partnership resulting in a successful prosecution.”

The horrific scene took place on April 26, 2016, at Saltponds Beach on the island of Kauai. Luckily, the harassment was caught on video by witnesses on the beach and subsequently uploaded to social media where it drew worldwide attention and condemnation. The video showed a man, later identified as Akuna, approaching a resting pregnant monk seal, identified as RK-30, and punching the animal repeatedly. OLE was notified of the video almost immediately. The following day, OLE and its enforcement partners from the Hawaii’s Division of Conservation and Resources Enforcement (DOCARE) interviewed witnesses and Akuna, who had already been identified as a suspect. At that point, Akuna admitted to being intoxicated at the time of the assault.

Read the full story at NOAA’s Office of Law Enforcement

HAWAII: Report contends state’s nearshore fisheries undervalued, undermanaged

September 6, 2017 — KAILUA-KONA, Hawaii — Hawaii is neglecting a “hidden economy” by significantly undervaluing its nearshore fisheries both economically and culturally, according to a recently published report.

“Follow that fish: Uncovering the hidden blue economy in coral reef fisheries” was compiled by the Department of Natural Resources and Environmental Management at the University of Hawaii at Manoa and Conservation International, Center for Oceans. Researchers at Arizona State University also contributed to the report released in August.

The report states that because of the inherently “remote and dispersed” nature of nearshore fisheries, they have been studied more sparsely and thus are not understood as well as industrial fisheries.

According to the report, the economic benefits of nearshore fisheries around islands throughout the Pacific Ocean are often significantly underestimated. As a factor of gross domestic product, these fisheries are typically five times more valuable than their country’s recognize.

Researchers estimated the annual value of Hawaii’s nearshore fisheries at between $10.3-$16.4 million, adding they produce roughly 7.7 million meals per year.

Read the full story at West Hawaii Today

Trump team nears decision on national monuments

August 21, 2017 — As Interior Secretary Ryan Zinke approaches the 24 August deadline for his recommendations to President Donald Trump on whether to alter dozens of national monuments, conservation proponents say it remains all but impossible to predict which sites the administration could target for reductions or even wholesale elimination.

In recent months, Zinke has traveled from coast to coast as he conducted the review, which included 27 national monuments created since 1996, the majority of which are larger than 100,000 acres.

Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean

Obama created the first Atlantic marine monument in 2016 when he designated nearly 5,000 square miles for preservation off the coast of Massachusetts.

But the decision — which barred oil and gas exploration in the area and restricted commercial fishing — drew a lawsuit from Northeastern fishermen, including the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fishermen’s Alliance and Garden State Seafood Association.

The case is pending in the U.S. District Court for the District of Columbia, but a judge stayed action in the case in May to await the outcome of the Trump administration’s reviews (E&E News PM, May 12).

During his visit to the East Coast in June, Zinke stopped in Boston to meet with both fishermen’s groups and scientists about the monument.

The Boston Globe reported that Zinke appeared sympathetic while meeting with about 20 representatives of New England’s seafood industry.

“When your area of access continues to be reduced and reduced … it just makes us noncompetitive,” Zinke said at the time. “The president’s priority is jobs, and we need to make it clear that we have a long-term approach to make sure that fishing fleets are healthy.”

Papahānaumokuākea Marine National Monument, Hawaii

This site near Hawaii is the world’s largest marine protected area at nearly 600,000 square miles.

Bush first designated the site — originally named the Northwestern Hawaiian Islands Marine National Monument — in 2006, then renamed it to Papahānaumokuākea in early 2007 in honor of Hawaiian gods Papahānaumoku and Wākea, whose mythology includes the creation of the Hawaiian archipelago and its people.

In 2016, Obama opted to quadruple the site’s size to protect the 7,000 species that live in the monument’s boundaries, as well as to extend prohibitions on commercial fishing and extractive activities (E&E Daily, Aug. 26, 2016).

The Trump administration could opt to try to roll back those prohibitions as well as the monument’s size.

Read the full story from E&E News at Science Magazine

Hawaiʻi nearshore fishery provides big benefits

August 16, 2017 — The monetary, social and cultural importance of Hawaiʻi nearshore fisheries has been examined by researchers in the Department of Natural Resources and Environmental Management (NREM). The study argues that fully appreciating the multitude of benefits the nearshore fishery provides to society is a crucial step towards sustainable management.

The multi-year study tracked commercial and noncommercial reef-fish value chains, which was conducted as a collaboration between researchers in the College of Tropcial Agriculture and Human Resources and Conservation International Hawaiʻi. The study, “Follow that fish: Uncovering the hidden blue economy in coral reef fisheries,” was published in the scientific journal PLoS ONE.

Small-scale fisheries support the well-being of millions of people around the world—even in a well-developed economy such as Hawaiʻi’s, they provide important economic as well as social benefits. The total annual monetary value of the fishery is approximately $10.3 to $16.4 million. The non-commercial fishery in particular provides huge benefits to the community—non-commercial catch is around three times reported commercial catch and is worth $4.2 to $10 million more annually.

Read the full story at University of Hawai’i News

Federal Court Sides With American Samoa Over Large Vessel Protected Area

August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.

MOTION DENIED

“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”

According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.

BACKGROUND

Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.

Read the full story at the Pacific Islands Report

Hawaiian fisherman sues to restrict foreign fishing licenses

August 3, 2017 — HONOLULU — A Native Hawaiian fisherman is asking an environmental court to stop Hawaii officials from issuing commercial fishing licenses to those who aren’t legally admitted into the United States.

Malama Chun, a Maui resident who fishes as a cultural practice, filed an appeal on July 27 of a state Board of Land and Natural Resources decision denying his petition. Chun filed his petition in April in response to an Associated Press investigation that found hundreds of foreign fishermen confined to boats and some living in subpar conditions. Hawaii grants the foreign fishermen licenses to fish, but they aren’t allowed to enter the country.

The board, which regulates fishing licenses, denied the petition last month without a hearing. Chun didn’t show how not issuing the licenses would address his concerns about overfishing and cultural practices. His attorney, Lance Collins, said Tuesday that because the board made a decision without holding a hearing or conducting any fact-finding, the board must take all stated facts as true.

Read the full story from the Associated Press at the Gloucester Times

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