May 12, 2017 — By holding that the Deeds of Cession require the United States to preserve American Samoan cultural fishing, the federal court created a new requirement that National Marine Fisheries Service’s fishing regulations protect “cultural fishing practices” in the U.S. Exclusive Economic Zone (EEZ) around American Samoa, according to federal defendants in the large vessel prohibited area (LVPA) lawsuit.
The federal defendants, including the US Commerce Department and NMFS, made the argument in its 99-page motion and support documents filed yesterday with the Honolulu federal court, which was requested to “reconsider and amend” its judgment “with respect to two issues — standing and remedy.”
Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG.
US District Court Judge Leslie Kobayashi in March this year ruled in favor of American Samoa, saying that the NMFS’ decision in 2016 to reduce the LVPA in territorial waters is invalid and that NMFS’ adoption of the 2016 LVPA rule, which became effective on Feb. 3, 2016 “was arbitrary and capricious”.
The major focus of the plaintiff’s lawsuit centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the United States.