Saving Seafood

WPRFMC Asks for Remedies to Long-Standing Issues in Western Pacific Region

March 25, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

At the Western Pacific Regional Fishery Management Council meeting today, Chair Archie Soliai reiterated concerns about NOAA Pacific Islands Regional Office (PIRO) delays in completing Endangered Species Act (ESA) consultations for the region’s longline and bottomfish fisheries.

“Our experience with ESA consultations over the last several years have left us with the impression that our Council process is not respected,” emphasized Soliai. “The Council is here to ensure the sustainability of our region’s fishery resources as mandated by the Magnuson-Stevens Act.” Soliai added, “We ask PIRO to provide us with realistic timelines and meaningful dialogue, so we may work together to complete these biological opinions and ensure that our fisheries can continue to operate in compliance with ESA.”

The Council will convey its concerns to Janet Coit, assistant administrator for the National Marine Fisheries Service (NMFS), requesting assistance so biological opinions are completed in coordination with the Council.

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The Council believes the existing Mariana Trench Marine National Monument (MTMNM) management plan should be implemented ahead of any national marine sanctuary nomination in the Marianas, as it may provide protections the nomination seeks. The MTMNM boundaries, including the omission of the water column, already reflects the Commonwealth of the Northern Mariana (CNMI) government’s management needs.

Council comments in February to NOAA’s Office of National Marine Sanctuaries (ONMS) on the 5-year nomination review, explained the MTMNM greatly reduced the need for sanctuary protection. Concerns in the proposed sanctuary, such as fishing regulations, are already addressed through the MTMNM management plan and Magnuson-Stevens Act. Foreign fishing is prohibited.

“ONMS needs to be clear about what is proposed,” said Michael Tenorio, CNMI Division of Fish and Wildlife fisheries supervisor. “The nomination seems to allude to closing fishing to the community and it’s causing confusion.”

The Council asked NOAA to remove the proposed sanctuary from the national inventory and assist Friends of the Mariana Trench Monument with developing a revised proposal vetted through the CNMI and Guam communities. This would create a stronger proposal with broad community support, one of the 11 evaluation criteria for inclusion on the inventory list. The CNMI Governor Ralph DLG Torres and other community members have expressed strong opposition to the proposed marine sanctuary plan.

The public comment period has been extended to April 25, and comments can be submitted at www.regulations.gov/document/NOAA-NOS-2022-0005-0034.

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Equity and environmental justice (EEJ) is a priority for the Council, and influences all programs, approaches and actions. The Council raised EEJ-related issues and opportunities throughout the meeting this week.

“I think this is very important and am glad it’s finally coming to fruition after 30 years,” said Monique Amani, Council member from Guam, referencing when the EJ social movement began. “I fully support this initiative – we’re part of the United States, but the services and investments to our communities aren’t always the same for the territories,” she added.

The Council approved a draft Western Pacific EEJ approach and will develop a regional strategy to direct future work. Together with the Council’s new Pacific strategy to advocate for equitable fisheries in the region, our fishing communities will be better positioned to benefit across global, regional and national landscapes.

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The Council recommended NMFS clarify a 2015 notice of proposed rule-making that would acknowledge an American Samoa purse seine fleet, distinct from a U.S. fleet. A proposed rule is expected in April 2022.

American Samoa does not have direct access to the high seas and most purse seine fishing effort occurs within waters of small island states and tropical waters north of the territory. However, American Samoa is home to a tuna cannery that is the territory’s most important private employer.

In 2015, Tri Marine purse seine vessels petitioned the United States to remove high seas fishing limits for vessels that offload at least 50% of their catch in American Samoa, citing Western and Central Pacific Fisheries Commission (WCPFC) fishing restrictions that impede their ability to support the territory’s economy. NMFS denied the petition in October 2015, but stated it could reconsider taking action if there was evidence that WCPFC restrictions have a negative impact on the territory’s economy.

“Seven years have passed and American Samoa’s dire situation is self-evident with the exodus of U.S. vessels and the need to supply our cannery,” said Council Chair Archie Soliai. PIRO Regional Administrator Michael Tosatto was unable to provide specifics on proposed regulations.

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The Council appointed the following officers for 2022: Archie Soliai, chair; Will Sword, American Samoa vice chair; John Gourley, CNMI vice chair; Manny Duenas, Guam vice chair; and Roger Dang, Hawai‘i vice chair.

 

Biden Avoids Lawsuit After Restoring Marine Monument Protections

November 12, 2021 — The Biden administration will avoid a lawsuit filed in a Washington, D.C., federal court after reversing its predecessor’s decision to open protected waters to commercial fishing.

Conservation groups sued after former President Donald Trump opened the Northeast Canyons and Seamounts Marine National Monument to fishing. The monument is 130 miles off the coast of Cape Cod in Massachusetts, and it supports endangered whales and deep-sea corals.

Biden expands Bears Ears and other national monuments, reversing Trump cuts

October 8, 2021 — President Biden on Friday restored full protections to three national monuments that had been slashed in size by former president Donald Trump, including Bears Ears and Grand Staircase-Escalante in Utah — known for their stunning desert landscapes and historical treasures of Native American art and settlements, as well as a rich fossil record.

Biden used an executive order to protect 1.36 million acres in Bears Ears —slightly larger than the original boundary that President Barack Obama established in 2016 — while also restoring the 1.78 million-acre Grand Staircase-Escalante monument. Biden also reimposed fishing restrictions in the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England that Trump had opened to commercial fishing.

Biden signed the proclamations in a ceremony outside the White House, in front of tribal leaders and others. He used his authority under the 1906 Antiquities Act.

Bob Vanasse, of Saving Seafood, a seafood industry advocacy group, called Biden’s designation an “unfortunate decision.”

“Anyone who likes fresh local swordfish, tuna, lobster and crabmeat should be very angry with the Harris-Biden administration today,” he said. “And I know some environmental advocates will claim that the statistics show that no harm has been done to the fisheries from this closure. They think that because they don’t understand fisheries and misunderstand the statistics.”

Read the full story at the Washington Post

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

In Congress, an effort to curtail national monuments

October 18, 2017 — WASHINGTON — On Oct. 11, the House Natural Resources Committee approved a proposal from its chairman, Rep. Rob Bishop, R-Utah, to overhaul the Antiquities Act. Bishop’s “National Monument Creation and Protection Act” would severely constrain the power of the president to designate national monuments. It would limit the size of monuments a president could designate as well as the kinds of places protected.

The 1906 Antiquities Act allows a president to act swiftly to protect federal lands facing imminent threats without legislation getting bogged down in Congress. Many popular areas, including Zion, Bryce and Arches national parks in Bishop’s home state, were first protected this way.

Under Bishop’s legislation, any proposal for a monument larger than 640 acres — one square mile — would be subject to a review process: Areas up to 10,000 acres would be subject to review under the National Environmental Policy Act, while those between 10,000 and 85,000 acres would require approval from state and local government. The bill would allow emergency declarations, but they would expire after a year without Congress approval. It would also codify the president’s power to modify monuments — a power that has been contested in light of the Interior Department’s recent recommendations that President Donald Trump reduce the size of several monuments, including Bears Ears and Grand Staircase-Escalante in Utah.

Read the full story at High Country News

MAINE: Fishermen support alternative coral protection plan

May 26, 2017 — ELLSWORTH, Maine — A plan to protect deep sea coral from damage caused by fishing drew strong support from Maine’s lobstermen Thursday but mostly because planned fishing restrictions won’t affect them.

The New England Fishery Management Council has spent much of the past two years developing an “Omnibus Deep-Sea Coral Amendment” aimed at reducing the potential impacts of fishing on corals found in extremely deep water along the Northeast coast. As part of the process, the council proposed several alternatives that would prohibit all fishing in the affected areas. One plan would bar fishing in water depths ranging between 300 and 600 meters (about 985 to 1,970 feet). Another would ban fishing in 20 separate submarine canyons off the southern boundary of Georges Bank.

Some of those canyons lie within the boundaries of the Northeast Canyons and Seamounts Marine National Monument established by President Barack Obama last September.

While most of the areas that could be protected lie far offshore, two areas are situated within the Gulf of Maine. One is near Mount Desert Rock. The other is on Outer Schoodic Ridge.

Mount Desert Rock lies about 20 miles south of Mount Desert Island in Lobster Management Zone B. The council considered two alternative protection zones, primarily southwest of the rock, one of about 18 square miles and the other about 8 square miles, with water depths of 100 to 200 meters (330 to 660 feet).

The Outer Schoodic Ridge area lies about 25 miles southeast of MDI in Lobster Management Zone A. The protected area would be about 31 square miles in size.

Both areas are important lobster fishing grounds.

Read the full story at the Ellsworth American

Presidential Executive Order Implementing an America-First Offshore Energy Strategy

May 1, 2017 — The following was released by the White House:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows:

Section 1.  Findings.  America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come.  The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security.  Increased domestic energy production on Federal lands and waters strengthens the Nation’s security and reduces reliance on imported energy.  Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth.  Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation’s military readiness.

Sec. 2.  Policy.  It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation’s position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.

Sec. 3.  Implementing an America-First Offshore Energy Strategy.  To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall:

(a)  as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas):  Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;

(b)  ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and

(c)  develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas.

Sec. 4.  Responsible Planning for Future Offshore Energy Potential.  (a)  The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential within the designated area    including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate    and the potential impact the proposed designation or expansion will have on the development of those resources.  The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce.

(b)  The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10-year period prior to the date of this order.

(i)   The review under this subsection shall
include:

(A)  an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion;

(B)  an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and

(C)  the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region.

(ii)  Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy.

(c)  To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked.

Sec. 5.  Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition.  The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows:

“Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq.”

Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas.

Sec. 6.  Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review.  The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM’s Notice to Lessees No. 2016 N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens.  The Secretary of the Interior shall also review BOEM’s financial assurance regulatory policy to determine the extent to which additional regulation is necessary.

Sec. 7.  Reconsideration of Well Control Rule.  The Secretary of the Interior shall review the Final Rule of the Bureau of Safety and Environmental Enforcement (BSEE) entitled “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control,” 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law.  The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order.  Additionally, the Secretary of the Interior shall review BSEE’s regulatory regime for offshore operators to determine the extent to which additional regulation is necessary.

Sec. 8.  Reconsideration of Proposed Offshore Air Rule.  The Secretary of the Interior shall take all steps necessary to review BOEM’s Proposed Rule entitled “Air Quality Control, Reporting, and Compliance,” 81 Fed. Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn.

Sec. 9.  Expedited Consideration of Incidental Harassment Authorizations, Incidental-Take, and Seismic Survey Permits.  The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.

Sec. 10.  Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS-OPR-55.  The Secretary of Commerce shall review NOAA’s Technical Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.

Sec. 11.  Review of Offshore Arctic Drilling Rule.  The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule.

Sec. 12.  Definition.  As used in this order, “Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management” means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents.

Sec. 13.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

CNMI Gov: No To Expansion Of Hawaii Marine Monument

May 11, 2016 — SAIPAN, CNMI — Governor Ralph Torres does not support the expansion of the marine national monument in Hawaii, citing the CNMI’s disappointing experience with the Marianas Trench monument.

The governor in an interview on Tuesday said he wrote to President Obama to raise some concerns regarding the proposed expansion of the Papahanaumokuakea Marine National Monument in Hawaii also known as the Northwestern Hawaiian monument.

“I don’t think I’m supporting it,” he said. “What we were offered here [for the Marianas monument] was not the one given to us. The proponents mentioned hundreds of millions of dollars and many jobs, but none of those have occurred.”

Read the full story at the Pacific Islands Report

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