June 7, 2021 — Governor Leon Guerrero, the 36th Guam Legislature and the Guam Department of Agriculture (DOAG) submitted comments on May 26, 2021 in response to the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) proposed rule to designate coral critical habitat around all of Guam’s territorial waters.
The proposed rule included a map that illustrated all of Guam’s shores to 40 meters (131 feet), excluding Department of Defense managed shores and waters, that would be designated as coral critical habitat. To those who protect natural resources, this sounds like a good idea, until it is understood what the designation entails.
A coral critical habitat designation would mean that every federal agency, or federally funded project, conducting work in that area would be required to consult with NOAA NMFS to have the work approved. Any project in Guam’s nearshore waters (except DOD areas) from shore up to 131 feet would require another layer of permitting bureaucracy.
NMFS stated this would not impact cultural or recreational fishing. DOAG disagreed. In comments submitted, the agency stated work is in progress to reinstall replacement Fish Aggregating Devices (FADS) and Shallow Water Mooring Buoys (SWMS). This is to specifically support the fishing community. With a critical habitat designation, the agency would be required to add an additional permitting clearance requirement to the process which would delay any installation.