Saving Seafood

Western Pacific Council Challenged by NOAA Prohibition on Commercial Fishing for Proposed Pacific Remote Islands Sanctuary

July 5, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

Congresswoman Amata Radewagen from American Samoa expressed her deep concern regarding the lack of consultation with the U.S. territories affected by the NOAA proposed sanctuary in the Pacific Remote Islands. In a video message during the Council meeting last Wednesday, Congresswoman Radewagen stated her astonishment at the Administration’s failure to meaningfully consult and engage with the U.S. Pacific territories. She criticized the sudden announcement of this potentially drastic change via a tweet by the President.

Despite the authority granted by the Magnuson-Stevens Fishery Conservation and Management Act, the Congresswoman highlighted the Council’s lack of involvement in the decision-making process. She emphasized that the Administration was pursuing the wrong policy and employing an inappropriate approach.

On June 23, the Council received the official sanctuary proposal, which requested the Council’s assistance in formulating fishing regulations. Currently, commercial fishing is permitted between 50-200 miles in parts of the Pacific Remote Islands Marine National Monument (PRIMNM). However, NOAA’s first objective aims to extend the existing protections of the Monument to the entire U.S. exclusive economic zone (EEZ), thereby prohibiting commercial fishing by U.S. fishermen in U.S. waters.

Council members expressed their opposition to the proposed prohibition on commercial fishing. For more than 30 years, American Samoa-based purse seiners and Honolulu-based longliners operated in the waters of the Pacific Remote Islands Area until the establishment of the PRIMNM in 2006. This new action will force U.S. purse seiners to fish farther away from Pago Pago Harbor and transport their catch to Mexico and Ecuador instead of the StarKist Samoa cannery, which serves as the backbone of American Samoa’s economy.

Archie Soliai, Director of the American Samoa Department of Marine and Wildlife Resources, stated that this federal action, coupled with NOAA’s rule requiring 558 purse seine days to be fished within the U.S. EEZ, is “the nail in the coffin” to the tuna industry in American Samoa. The Governor of American Samoa has expressed objection to the proposed rule and has notified NOAA of its intention to file a lawsuit. 

Dr. Judi Guthertz, Guam Council member, strongly criticized the federal government for proposing the sanctuary despite the opposition from the people of American Samoa, Guam, and the CNMI. “Shame on the federal government” admonished Guthertz as she urged the process to restart with consultation and consensus building, highlighting the vigilant attention being paid to the situation by the islands’ fishermen, senators and leaders.

American Samoa Vice Chair William Sword expressed concern for the livelihoods of those working in the canneries, who rely on fishing to support their families. “Those cannery workers are poor and you want to take food off of their tables,” said Sword. He questioned the decision-making process, pointing out that advice is being taken from individuals who do not reside in American Samoa and will not be adversely affected by the proposed action.

Guam Council Vice Chair Manny Dueñas suggested the allocation of percentages for commercial, noncommercial and indigenous fishing, rather than a complete prohibition on fishing. Dueñas also raised questions about the true consideration of conserving resources asking, “Which generation is being prioritized, and is it for the people of the mainland or the Pacific?” 

Kitty Simonds, Council Executive Director, criticized the contradiction between claiming to preserve cultural influences, while simultaneously abolishing fishing, which holds significant importance within the culture. “It’s obvious that the ocean belongs only to the federal government and not to its people, and we are merely spectators,” said Simonds.

The Council has until December 23 to respond to NOAA’s proposal. The NOAA Office of National Marine Sanctuaries is expected to complete the process, including the Environmental Impact Statement, by August 2024, with implementation scheduled to occur before the upcoming elections.

The Council sent a comment letter to ONMS June 2, 2023, describing its objections to the proposed sanctuary: https://tinyurl.com/ONMSCommentLetter.

Western Pacific Regional Fishery Management Council: Secretary of Commerce appointees from nominees selected by American Samoa, the CNMI, Guam and Hawai‘i governors: John Gourley, Micronesian Environmental Services (CNMI) (chair); Roger Dang, Fresh Island Fish Co. (Hawai‘i) (vice chair); Manny Dueñas, Guam Fishermen’s Cooperative Association (Guam) (vice chair); Will Sword, noncommercial fisherman/engineer (American Samoa) (vice chair); Judith Guthertz, University of Guam (Guam); Shaelene Kamaka‘ala, Hawaiian Islands Land Trust (Hawai‘i); Matt Ramsey, Conservation International (Hawai‘i); and McGrew Rice, charter boat captain (CNMI). Designated state officials: Dawn Chang, Hawai‘i Dept. of Land & Natural Resources; Sylvan Igisomar, CNMI Dept. of Lands & Natural Resources (vice chair); Chelsa Muña, Guam Dept. of Agriculture; and Archie Soliai, American Samoa Dept. of Marine & Wildlife Resources. Designated federal officials (voting): Sarah Malloy (acting), NMFS Pacific Islands Regional Office. Designated federal officials (nonvoting): Colin Brinkman, U.S. State Dept.; Brian Peck, U.S. Fish & Wildlife Service; and RADM Michael Day, U.S. Coast Guard 14th District.

Day 2 of the WPRFMC meeting hears from StarKist workers

July 1, 2023 — Day two of the Western Pacific Regional Fishery Management Council meeting, hosted by American Samoa this week, allowed members of the public to speak on fishery issues that concern them. And it became apparent that their main concern is with the proposal to establish a new sanctuary in the Pacific Remote Islands (PRI). Their comments yesterday focused on their fears of losing jobs, income and homes, of unpaid loans happening, going out of business, etc. Many were StarKist workers. The public was given 3 minutes on the ‘mike’.

Quite a few of StarKist Samoa workers were on hand carrying placards outside, that spoke of their opposition to the proposal. They did not carry them inside the Gov. H. Rex Lee Auditorium where the council meeting was being held, but the signs were placed against the back wall inside, while workers sat in the public area.

Some of the StarKist workers went to the ‘mike’ to voice their opinions and they were all against the proposed establishment of a Sanctuary in the PRIA.

SOME COMMUNITY VOICES

Tafaoga Tuua, an employee of  Star Kist for 24 years, said there’s not enough fishing vessels supplying the cannery. And if the US government continues with its plans then there won’t be enough fish for them to work on; there’d be an increase in cost, workers would be laid off, and without income, the rental accommodation business will go broke. “So we don’t support the President’s proposed Sanctuary,” she said, “Please allow the American fishing boats to come.”

She also spoke for workers from Samoa, who are here to work and earn a living for not only themselves, but for their families in Samoa. “And we all oppose this plan, as this is the only company that helps us… Every day before we start, we pray to God to save this company for us — StarKist is the only company we get money from.”

Read the full article at Samoa News

Opposition to marine sanctuary voiced during Wespac meeting

June 29, 2023 — Opponents of a proposed national marine sanctuary in the U.S. Pacific Remote Islands, in particular tuna cannery employees in American Samoa, protested and testified against the sanctuary today during a Western Pacific Regional Fishery Management Council meeting that’s being held in the territory.

The council, known as Wespac, is holding a multi-day meeting covering a variety of fishing-related issues in the Pacific Ocean, including the ongoing process to turn the Pacific Remote Islands Marine National Monument (PRIMNM) into a sanctuary and expand it into the largest marine protected area in the world.

Employees of the StarKist tuna cannery, located in American Samoa, took the opportunity to protest the proposed sanctuary, fearing that it could lead to the closure of the cannery.

They attended the Wespac meeting today as the council provided an update on the sanctuary designation process. More than a dozen workers and opponents of the sanctuary could be seen holding signs with messages saying “StarKist Samoa cannery takes care of my family” or “I’m a cannery worker; save my job.”

The sanctuary would close off commercial fishing to about 780,000 square miles of U.S. waters around Baker, Howland and Jarvis islands; Johnston, Wake and Palmyra atolls; and Kingman Reef. Opponents have warned that the sanctuary’s most significant effect would be the closure of the cannery, which employs 14% of American Samoa’s workforce and is its largest private employer, according to a 2020 report on the territory’s economy by the U.S. Government Accountability Office. Canned tuna represents about 90% of the territory’s exports, the report said.

Read the full article at The Honolulu Star-Advertiser

American Samoa Governor Stresses Importance of Fisheries and Respect to the US Territory

June 28, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

You must be mindful of the decisions you make…so that the interests of small fishing communities are not disregarded” was the main message heard in the remarks of the Honorable Gov. Lemanu Peleti Mauga, who opened the 195th meeting of the Western Pacific Regional Fishery Management Council yesterday in Pago Pago, American Samoa.

“The ocean and its marine resources have sustained our Fa‘asamoa for thousands of years. These abundant natural resources have provided food on our table and supported our people, especially during calamities,” noted the Governor. “Our community went back to farming and fishing when we closed our borders during the COVID-19 pandemic. The ocean is what has sustained us and will continue to do so for years to come.”

However, he stressed the pressure that global climate change is putting on the islands, despite the territory’s small carbon footprint. “Our high vulnerability could lead to widespread food and water insecurity, increased health risks, lack of access to social services and even forced displacements in some cases,” said Governor Mauga. “Due to climate change, the ocean that has sustained us for millennia is now threatening our daily lives. We require more support and coordination for increased access to climate adaptation strategies, mitigation data and knowledge.”

He also noted that, in addition to climate change, government actions threaten the tuna industry that sustains the local economy, referencing the proposed national marine sanctuary in the Pacific Remote Island Areas (PRIA) and the Effort Limit Areas for Purse Seine (ELAPS). He said a National Marine Fisheries Service report showed the percentage of retained catch for the local purse seiner fleet in the PRIA was as much as 25% historically, with fishing effort increasing over the past few years.

“Most, if not all, of the fish caught in these waters is landed in the territory,” said Governor Mauga. “The misinformation that has been circulated by the proponents of this sanctuary is insulting and misconstrues the reality of the importance of these waters to our territory.”

The purse seine fleet is critical for the continued viability of the tuna industry, as it provides approximately 75% of the tuna needed for the StarKist Samoa cannery production.

The Governor emphasized what saddened him the most about the federal actions is that they have been done without meaningful consultation and engagement of the American Samoa people. “There is no equity and justice served when the people that these federal actions will impact have no say, and no voice,” he said. “Respect is a very important aspect to the Pacific people, and I call on our federal partners to show some respect – sit down with us, talk with us and not to us.”

“And the question is, will the Administration and NOAA seriously consider these comments in the context of its own priorities supporting Equity and Environmental Justice in underserved and underrepresented communities?” said Council Chair John Gourley.

Gourley went on to say fishermen, cannery employees, local agencies, the Governor and Congresswoman Radewagen have all demonstrated steadfast solidarity by opposing the PRIA sanctuary proposal.

“It’s going to be a long battle and we need to be ready,” added Council Vice Chair for American Samoa Will Sword. “This top-down approach is typical of Government overreach and flies in the face of democracy, government of the people, by the people, for the people.”

On Friday, the Council received the PRIA sanctuary goals and objectives from NOAA, which said that commercial fishing is prohibited. The Council will discuss the proposal at the meeting today at 1:30 p.m. and has until December 23 to respond. The 195th Council meeting continues through Thursday at the Rex Lee Auditorium in Utulei, American Samoa. For more info, go to www.wpcouncil.org or contact the Council at info@wpcouncil.org or at (808) 522-8220.

Western Pacific Regional Fishery Management Council: Secretary of Commerce appointees from nominees selected by American Samoa, the CNMI, Guam and Hawai‘i governors: John Gourley, Micronesian Environmental Services (CNMI) (chair); Roger Dang, Fresh Island Fish Co. (Hawai‘i) (vice chair); Manny Dueñas, Guam Fishermen’s Cooperative Association (Guam) (vice chair); Will Sword, noncommercial fisherman/engineer (American Samoa) (vice chair); Judith Guthertz, University of Guam (Guam); Shaelene Kamaka‘ala, Hawaiian Islands Land Trust (Hawai‘i); Matt Ramsey, Conservation International (Hawai‘i); and McGrew Rice, charter boat captain (CNMI). Designated state officials: Dawn Chang, Hawai‘i Dept. of Land & Natural Resources; Sylvan Igisomar, CNMI Dept. of Lands & Natural Resources (vice chair); Chelsa Muña, Guam Dept. of Agriculture; and Archie Soliai, American Samoa Dept. of Marine & Wildlife Resources. Designated federal officials (voting): Sarah Malloy (acting), NMFS Pacific Islands Regional Office. Designated federal officials (nonvoting): Colin Brinkman, U.S. State Dept.; Brian Peck, U.S. Fish & Wildlife Service; and RADM Michael Day, U.S. Coast Guard 14th District.

Council Science Advisors Recommend Peer Review for NOAA False Killer Whale Population Assessment, Approve Bottomfish Stock Assessment to Set Catch Limits

June 20, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

This week the Council’s Scientific and Statistical Committee (SSC) discussed a NOAA assessment to quantify the population of pelagic false killer whales (FKWs) both inside and outside the U.S. exclusive economic zone (EEZ) around Hawai‘i to account for its overlap with the local commercial longline fishery. Previous assessments estimated the number of pelagic FKWs inside the EEZ and a broader Central Pacific area that is thought to include other distinct groups of whales. The new approach defined a “management area” based on available survey sightings, observed longline bycatch, and genetic and satellite telemetry tag data.

 

The resulting abundance estimate within the new area is 5,528 individuals. This total is used to calculate the potential biological removal (PBR), or the maximum number of individuals that can be removed from a population without causing it to decline below its sustainable level. 

 

SSC members raised several concerns about the approach the NOAA Pacific Islands Fisheries Science Center (PIFSC) used to define the new management area boundary and the assumptions used to account for uncertainty in available data. The SSC noted a comprehensive explanation is needed on the data included and excluded from the new area. Alternative boundaries should be considered, including areas south of the proposed one where the species distribution model suggests high abundance of FKWs. The SSC recommended an independent peer review be conducted on the assessment, including validation of the underlying model.

 

“This is a complex issue and it’s important the FKW population estimate be as accurate as possible because it directly affects the Hawai‘i longline fishery,” said SSC member Milani Chaloupka, Ecological Modelling Services, Australia. “Available scientific information suggests that pelagic FKWs occur outside of the proposed management area boundary, and that these observations could be included in a more comprehensive assessment.”

 

FKWs are protected under the Marine Mammal Protection Act. When the number of fishery interactions that result in mortality and serious injuries (MSI) for the animals exceeds the PBR, the Act requires a Take Reduction Team to be formed to recommend a Take Reduction Plan. A team was formed in 2010 to address FKW interactions with the Hawai‘i deep-set longline fishery that targets bigeye tuna, and a plan was implemented in 2012. 

 

In recent years, the estimated number of MSI in the deep-set fishery was below or one above the PBR for the portion of the pelagic FKWs inside the EEZ, which changes with new population approximations. Using the new approach that includes areas outside of the EEZ, PBR is estimated at 33 FKWs for the management area, and the MSI estimate is 47 from the deep-set fishery for 2017-2021 in the same area. Most FKWs accidentally caught in the fishery are released alive with the hook and some amount of trailing line left on the animal, which NOAA counts as serious injuries. 

 

The SSC also determined a 2023 bottomfish stock assessment for American Samoa is the best scientific information available to use for developing annual catch limits. The new analysis resulted in the bottomfish stock status changing from overfished and overfishing occurring to not overfished or experiencing overfishing.

 

The PIFSC described updates from the 2019 to 2023 assessments to the SSC. The key differences were 1) using a new framework, which considers age and other characteristics of the population, and 2) splitting the 11 bottomfish species historically managed together in a species complex into individual species models. These changes allowed scientists to identify and fix errors in the data, such as when two species are very similar and may be misidentified.

 

PIFSC noted workshops organized in 2021 with fishermen in the territory, the Council and the American Samoa Department of Marine and Wildlife Resources (DMWR) provided valuable information to help interpret the available data.

 

“I appreciate the Science Center’s efforts to engage the fishermen and gather all the historical data,” said Domingo Ochavillo, DMWR Fisheries Biologist. “Working with the community was fruitful and made a big difference in resolving fishing data issues.”

The SSC also recommended rolling over the current acceptable biological catches for the CNMI bottomfish fishery for 2024-2025 (280,000 pounds) and the main Hawaiian Islands Kona crab fishery for 2024-2026 (30,802 pounds). The two limits are set to expire in 2023. The SSC evaluated the available data and analyses calculating the risk of overfishing and determined the existing limits were appropriate to extend.

 

Recommendations made by the SSC on these and other matters will be considered by the Council when it meets June 27-29, 2023, at the Governor H. Rex Lee Auditorium in Utulei, American Samoa. Instructions on connecting to the web conference, agendas and briefing documents are posted at www.wpcouncil.org/event/195th-council-meeting.

Scientific and Statistical Committee: James Lynch (chair); Jason Biggs (Guam Division of Aquatic & Wildlife Resources); Debra Cabrera (University of Guam); Frank Camacho (University of Guam); Milani Chaloupka (University of Queensland); Erik Franklin (University of Hawai‘i, School of Ocean and Earth Science and Technology); Shelton Harley (Fisheries New Zealand); Jason Helyer (Hawai‘i Division of Aquatic Resources); Ray Hilborn (University of Washington); Justin Hospital (NMFS PIFSC); Dave Itano (Fisheries Consultant); Donald Kobayashi (NMFS PIFSC); Steve Martell (Sea State Inc.); Domingo Ochavillo (American Samoa DMWR); Graham Pilling (Secretariat of the Pacific Community); Craig Severance (University of Hawai‘i at Hilo, retired); Francisco Villagomez (CNMI Division of Fish & Wildlife); Tia Brown (acting, ex-officio) (NMFS PIFSC).

Western Pacific Regional Fishery Management Council: Secretary of Commerce appointees from nominees selected by American Samoa, the CNMI, Guam and Hawai‘i governors: John Gourley, Micronesian Environmental Services (CNMI) (chair); Roger Dang, Fresh Island Fish Co. (Hawai‘i) (vice chair); Manny Dueñas, Guam Fishermen’s Cooperative Association (Guam) (vice chair); Will Sword, noncommercial fisherman/engineer (American Samoa) (vice chair); Judith Guthertz, University of Guam (Guam); Shaelene Kamaka‘ala, Hawaiian Islands Land Trust (Hawai‘i); Matt Ramsey, Conservation International (Hawai‘i); and McGrew Rice, charter boat captain (CNMI). Designated state officials: Dawn Chang, Hawai‘i Dept. of Land & Natural Resources; Sylvan Igisomar, CNMI Dept. of Lands & Natural Resources (vice chair); Chelsa Muña, Guam Dept. of Agriculture; and Archie Soliai, American Samoa Dept. of Marine & Wildlife Resources. Designated federal officials (voting): Sarah Malloy (acting), NMFS Pacific Islands Regional Office. Designated federal officials (nonvoting): Colin Brinkman, U.S. State Dept.; Brian Peck, U.S. Fish & Wildlife Service; and RADM Michael Day, U.S. Coast Guard 14th District.

US Pacific Territories Fishery Capacity-Building Scholarship Applications Due July 17, 2023

June 14, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council and its Education Committee members are pleased to announce the availability of up to three graduate scholarships for the 2023-2024 academic year. These scholarships support the aspiration of American Samoa, Guam and the Commonwealth of the Northern Mariana Islands to build their capacity to effectively manage their fisheries and related resources by employing people from the local communities. 

Students with strong ties to these territories are eligible for scholarships that cover the cost of tuition and fees and some living expenses. The amount will be based on the University’s estimated cost of attendance. Click here for more information and a complete scholarship application.. Funding for the scholarships comes in part from the Western Pacific Sustainable Fisheries Fund, NOAA Fisheries Pacific Islands Regional Office and Pacific Islands Fisheries Science Center. For further details, please contact Amy Vandehey at info@wpcouncil.org or phone (808) 522-8220.

Western Pacific Scientists to Discuss New Regional Analyses for Bottomfish, Kona Crab and False Killer Whales Next Week

June 12, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

Scientific advisors to the Western Pacific Regional Fishery Management Council will meet June 14-16, 2023, to provide advice and comments on U.S. Pacific Territory bottomfish stocks, Kona crab fishery and false killer whale (FKW) assessments in Hawai‘i, the proposed Pacific Remote Islands (PRI) sanctuary, and other topics.

 The Council’s Scientific and Statistical Committee (SSC) meeting is open to in-person or remote participation via web conference for attendees. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at www.wpcouncil.org/event/148th-scientific-and-statistical-committee-meeting.

 American Samoa Bottomfish Assessment

The SSC will discuss and evaluate a new bottomfish stock assessment model for the American Samoa fishery. The Council’s American Samoa Fishery Ecosystem Plan encompasses 11 bottomfish species, historically managed as a species complex. The previous 2019 assessment indicated the complex was overfished and undergoing overfishing, leading to a rebuilding plan that limited annual catches to below 5,000 pounds. However, using new methodology, a February 2023 assessment shows that the bottomfish complex is no longer overfished or experiencing overfishing. 

 The 2023 stock assessment uses biological information from nine of the 11 species and improved the reconstruction of historical catch. In 2022, NOAA held a series of data workshops to refine the interpretation of catch records, in cooperation with fishermen, the Council and the American Samoa Department of Marine and Wildlife Resources. The 2023 Western Pacific Stock Assessment Review panel found the methods and data integrations greatly improved the analysis. 

 The SSC will review the report and recommendations and may provide feedback to determine whether the new stock assessment represents the best scientific information available (BSIA). If deemed appropriate, the Council will proceed with developing new annual catch limits based on the outcomes, replacing the rebuilding plan.

 CNMI Bottomfish ABC Specification for 2024-2025

The SSC will consider specifying an acceptable biological catch (ABC) for the Commonwealth of the Northern Mariana Islands (CNMI) bottomfish fisheries for fishing year 2024-2025. The specifications would be based on the 2019 Benchmark Stock Assessment of the Mariana Archipelago Bottomfish Fisheries, which the SSC previously considered BSIA. This assessment found the CNMI fishery was not overfished or experiencing overfishing.

 As part of the process to determine annual catch limits (ACLs), the Council will take into account the ABCs calculated by the SSC. These ABCs incorporate the overfishing limit derived from the stock assessment, while considering scientific uncertainties.

 MHI Kona Crab ABC Specification for 2024-2026

The SSC will also evaluate the ABC for the main Hawaiian Islands (MHI) Kona crab fishery to assist the Council in developing an ACL. At a prior meeting, the SSC set the ABC at 30,802 pounds. The committee will determine if this specification remains accurate for fishing years 2024-2026 based on the 2019 stock assessment with catch projections to 2026. The assessment determined that the fishery is not overfished or experiencing overfishing. 

 MHI False Killer Whale Assessments

The SSC will review new assessments conducted by the NOAA Pacific Islands Fisheries Science Center for two separate FKW populations around Hawai‘i. The first assessment updates the population estimate for the MHI insular FKWs, which is a small population that is considered genetically distinct from other populations around the region and listed as endangered under the Endangered Species Act. 

 The second assessment focuses on the pelagic population of FKWs. The pelagic FKW range extends offshore from the MHI and well beyond the 200-nautical mile exclusive economic zone (EEZ), but the outer extent of the range is unknown. The new assessment provided a population estimate for the pelagic stock both inside and outside the EEZ to account for its occurrence and overlap with the Hawai‘i longline fishery. NOAA provided the resulting pelagic population estimate to the FKW Take Reduction Team (TRT), which convened March 28-31, 2023. The TRT, established under the Marine Mammal Protection Act, aims to reduce mortality and serious injuries to FKWs. The SSC will also discuss a report of the TRT meeting. 

 Proposed Pacific Remote Islands Sanctuary

The SSC will hear a presentation and discuss information from NOAA on the goals and objectives of the proposed national marine sanctuary in the PRI. The Council, under the National Marine Sanctuaries Act, has the responsibility to develop fishing regulations. The National Marine Fisheries Service is preparing a position statement, which includes keeping an objective of sustainable fisheries within the sanctuary boundaries. The SSC may recommend specific analyses for NOAA to conduct as it prepares its Environmental Impact Statement for the proposed sanctuary.

 The SSC meeting is a crucial platform for leading scientists, experts and stakeholders to collaborate and contribute their knowledge to the formulation of effective conservation strategies. By fostering dialogue and facilitating scientific deliberations, the SSC aims to protect and sustain the delicate balance of marine ecosystems while promoting responsible and sustainable fishing practices.

Recommendations made by the SSC on these and other matters will be considered by the Council when it meets June 27-29 at the Governor H. Rex Lee Auditorium in Utulei, American Samoa. Instructions on connecting to the web conference, agendas and briefing documents are posted at www.wpcouncil.org/event/195th-council-meeting.

Fishery Management Council Recommends NOAA Support Local Communities in Hawai‘i

April 19, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council continues its efforts to persuade NOAA officials to allow Native Hawaiian fishing to recover costs related to their permitted fishing in the Northwestern Hawaiian Islands (NWHI). The Council, concerned that federal ocean policies are overlooking the fishing needs of Indigenous Hawaiians and other Pacific Islanders, responded to NOAA’s National Ocean Service (NOS) with a letter last Friday challenging NOS’s position that recouping costs of fishing in the NWHI amounted to selling, rather than cultural barter and trade.

NOS’s February 22 letter says, “While NOAA may authorize subsistence fishing in the [Monument Expansion Area] under a Native Hawaiian Practices Fishing Permit only where the fish may be traded, bartered, or exchanged on a small scale within the family or community, such activities must be sustainable and must not serve as a toehold for prohibited commercial fishing.”

The Council on April 14 responded that final MEA action does indeed provide for effective safeguards against commercial fishing because (1) commercial fishing is prohibited; and (2) the applicant for a Native Hawaiian Subsistence Practices Fishing Permit is required to describe fishing trip costs. The review process includes consultation with the Council, the Office of Hawaiian Affairs, the Monument board and the public. The NMFS Regional Administrator makes the final decision to allow or disallow the proposed costs. Barter and trade continues to be available and are not affected by a decision on cost recovery.

In their letter, NOS concluded that the action of a “sale” in a federal fishing permit in the NWHI was unlikely to meet the goals and objectives of the Administration’s proposed national marine sanctuary encompassing the entire NWHI.

The Council disagrees because its MEA action does align with the goals and objectives of the Administration’s proposed sanctuary as follows:

  • Provides a framework for NMFS to consider cost recovery. 
  • Promotes partnership and engagement. 
  • Supports co-management for stewardship.
  • Allows input on Native Hawaiian management concepts.
  • Enhances community involvement through public review and commenting with opportunities for economically disadvantaged communities. 

President Obama’s Proclamation 9478 specifically allows for noncommercial fishing and Native Hawaiian fishing practices in the MEA. Obviously, the President intended that sustainable fishing occur in the MEA and any attempt to reduce that opportunity by not allowing recovery of fishing costs clashes with this intent.

Limited cost recovery is necessary for Native Hawaiian participation in regulated fishing practices under Proclamation 9478, considering the community’s socio-economic challenges, which include high rates of poverty, unemployment and negative health conditions. Disallowing cost recovery by sale would further disenfranchise the community, hindering its ability to participate in Native Hawaiian subsistence and traditional fishing practices.

Mayor Derek Kawakami of Kaua‘i at a public meeting the Council held in November 2022 said, “I don’t know too many fishermen who can afford to go there and fish. However, there are rich people who can reach that area which would leave a bitter taste in local mouths.”

Final action by the Council included a request to NOAA/NOS to support disadvantaged communities in Hawai‘i by exploring statutory options such as those provided within the Magnuson-Stevens Act.

 

For more information, visit https://tinyurl.com/CouncilMEAFishingRegs and

www.wpcouncil.org/western-pacific-community-development-program.

Issues of Fairness, Equity and Respect Dominate Fishery Management Council Meeting

April 6, 2023 — The following was released by Western Pacific Regional Fishery Management Council:

Last week, the Western Pacific Regional Fishery Management Council’s completed its 194th meeting in the Mariana Islands. In Guam, the meeting began with a cultural blessing ceremony led by Para I Prubechu’n I Taotao’ta. The members called on ancestral spirits to guide the meeting participants as they discussed international and national issues affecting local communities, saying the ocean is our wealth and connects everyone.

The Honorable Governor of Guam Lou Leon Guerrero opened the meeting expressing concern for increasing illegal, unreported, and unregulated (IUU) fishing in the region.

“[IUU] vessels pose a threat not just to our national security, but also to our local fishing industries and up-and-coming industries,” said Leon Guerrero. “Left unchecked, this kind of fishing and associated labor abuses undermine our economic competitiveness, national security, fisheries sustainability, and the livelihoods and human rights of fishers around the world, and will exacerbate the environmental and socioeconomic effects of climate change.”

The Governor spoke to President Biden’s recent announcement about designating a national marine sanctuary in the Pacific Remote Island Areas (PRIA), noting it threatens Pacific Islanders’ way of life.

“I echo [CNMI] Governor Palacios that this is a matter that demands our respect and fluid communication. I don’t believe that any of us are against the intentions, but there are impacts hanging on those intentions. Impacts that fail to consider our food security or our fishing traditions. Pacific Islanders eat two to four times more fish than people in other nations, with most of the fish we eat from our own waters and reefs. We also contribute more than 30% of the global market for tuna.”

The proposal would have many unintended socioeconomic consequences and conflicts with the President’s Executive Orders promoting equity and environmental justice (EEJ). Fisheries is the leading economic driver for underserved communities in the Pacific. A new sanctuary in the PRIA to help meet the Biden Administration’s “America the Beautiful” 30×30 conservation goal puts a disproportionate burden on U.S. Pacific Islanders, as 53% of U.S. waters in the western Pacific are already closed to fishing through Marine National Monuments.

 “When we started hearing about recognition of EEJ issues in our government, I thought it would provide our region with acknowledgement, but in reality it’s only a paper commitment,” said Council member and University of Guam Professor Judith Guthertz. “Our territories have a long history of unfulfilled commitments. We need to feel our efforts are respected and show that our input counts.”

Diminished U.S. fisheries would severely decrease U.S. influence in the Pacific. In September 2022, the Council’s Scientific and Statistical Committee found the proposal to expand the current Pacific Remote Islands Marine National Monument boundaries lacked supporting data and would provide limited conservation benefits. A 2018 National Marine Fisheries Service (NMFS) report also said permanent settlements in the PRIA were unlikely due to the vulnerability of the low-lying areas to storms, lack of freshwater sources and inability to grow crops on the islands.

The Council will request the National Ocean Service (NOS) meet with the Governors of Guam, the CNMI and American Samoa to describe the sanctuary designation process.

Territorial Bigeye Tuna Catch Limits

The framework that establishes bigeye tuna longline catch and allocation limits for the territories requires an annually specified catch limit to transfer catch from any territory to U.S. longline vessels based out of Hawai‘i. The Council approved setting an allocation limit of bigeye tuna from each territory to U.S. longline vessels, without setting a catch limit. This allocation limit would be up to 1,500 metric tons per territory, in effect from 2024 to 2026.

Council members emphasized the importance of fishing agreements between the territories and the Hawai‘i-based fleet. These have often been the sole source of funds for fishery development in the Marine Conservation Plans of the territories. MCPs are developed locally to meet the needs of each territory and approved by the respective Governor and subsequently approved by the Secretary of Commerce.

Council member Manny Dueñas of the Guam Fishermen’s Cooperative Association expressed frustration over the low U.S. catch limit and that territories have to rely on these agreements to fund fishery development. “We are Pacific Islanders, just like the people the U.S. government spend hundreds of millions on through the Tuna Treaty, Economic Assistance Agreement, and the Compact of Free Association,” said Dueñas. “Why can’t we get just a fraction of that to support our fisheries?”

Council member Archie Soliai of American Samoa Department of Marine and Wildlife Resources noted the disadvantages that U.S. Pacific fisheries and the territories encounter. “Equity! Don’t talk to me about equity. We got no equity. Why are we putting limits on our fisheries when other Pacific Island countries with the same status do not have any limits? This is an unlevel playing field for U.S. fishery stakeholders.”

Fishing Regulations in the Northwestern Hawaiian Islands

The Council heard from NOS that its December 2022 action allowing for cost recovery including “sale” in a federal fishing permit in the Northwestern Hawaiian Islands is unlikely to meet the goals and objectives of a proposed national marine sanctuary in the area. Many Council members remarked that sale would allow cultural perpetuation. Council member Dueñas said, “We are being asked to sacrifice our culture for the rest of the world [with the Marine National Monuments] and perpetuating culture is worth more.” 

The Council said disallowing sales would continue to disenfranchise the Native Hawaiian community. Council member and American Samoa noncommercial fisherman Will Sword commented, “Cost should not be a factor when trying to feed your own people.” Council member and Hawai‘i charter boat captain McGrew Rice added, “Unless one has the funds and can afford it, it’s the only way anyone can go up there.”

The Council recommended fishermen who obtain a Native Hawaiian Subsistence Fishing Practices Permit be allowed to request cost recovery through the sale of catch associated with their fishing trip to the Monument Expansion Area (MEA). Council members believed that limited cost recovery may be conducted on a small scale within the community, consistent with MEA’s prohibition on commercial fishing. The recommendation allows NMFS’s Regional Administrator to review a permit application that includes a statement of why cost recovery is necessary along with estimated costs. The Regional Administrator can then make a decision after consultation with the Council and monument management partners (NOAA, U.S. Fish and Wildlife Service, Office of Hawaiian Affairs and the State of Hawai‘i). The application would also be available for public review for no less than 30 days.

CNMI Governor Palacios Urges President Biden to Respect Pacific Island Communities at Fishery Management Council Meeting

March 28, 2023 — The following was released by the Western Pacific Regional Fishery Management Council:

CNMI Governor Arnold Palacios opened the 194th meeting of the Western Pacific Regional Fishery Management Council yesterday expressing his views on President Biden’s direction to the NOAA secretary of commerce to consider designating a national marine sanctuary in the Pacific Remote Island Areas.

“It really is about communications, respect for each other, respect for what we represent, and respect for federal and regulatory agencies,” said Palacios. “Government policies have profound impacts on small communities. I am not opposed to conservation and management measures—that is the purpose of the Council. But we need to start talking, respecting and considering the consequences of our decisions.”

Archie Soliai, American Samoa Department of Marine and Wildlife Resources chair, said all Pacific Island cultures have respect in common. He stated that these federal actions “are done without consultation of our Pacific communities and are very disrespectful. Where is the environmental justice and equity that this administration has prioritized?” He quoted American Samoa Congresswoman Amata who has said this announcement equates to “conservation by confiscation without consultation.”

Council member Will Sword of American Samoa said that further closures of U.S. waters in the Pacific would be “the death knell” of the tuna industry that supports almost a third of the territory’s workforce.

The Council asked NOAA, and all other involved agencies, to consult with the U.S. Pacific Territories beyond the public comment opportunity on the proposed sanctuary. To better understand the Council’s role and responsibilities in the process, the Council will request the National Ocean Service give a presentation on the proposed sanctuary at its next meeting.

Governor Palacios also expressed apprehension over increasing illegal, unreported and unregulated fishing and increased tensions with China in the region. “I continue to support the efforts of the Council to address these concerns, which are efforts to protect the interests of the three U.S. Pacific Territories,” he said.

The Council approved a 3-year Marine Conservation Plan (MCP) for the CNMI, which outlines priorities for fishery infrastructure, capacity, research and development projects. The plan is important to manage and conserve the region’s unique marine ecosystems. The Council will ask Governor Palacios to provide the MCP to NOAA for final approval.

The Council plans to engage with local leaders and stakeholders from the northern islands of the CNMI on community-based fishing management plans to ensure adequate representation from those communities. The Council also asked NOAA to tailor its equity and environmental justice community engagement plans to each island in the CNMI.

On Monday, the Council held its first in-person Fishers Forum in the Mariana Islands since 2018, focusing on the history of bottomfishing, different fishing gears and methods, and the science and management of bottomfishing in the region. Renowned Saipan deep bottom fishers Lino Tenorio and Tony Guerrero gave a brief training session on their gear preparation and techniques used to catch bottomfish. They shared their knowledge on using environmental cues and ocean characteristics to determine the best time to fish for certain species. 

Six partner government and private organizations joined the Council to share their conservation and management messages with approximately 60 community members. Attendees enjoyed a buffet dinner sponsored by Governor Palacios.