Saving Seafood

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.

NOAA Fisheries Invites Public Comment on New Draft Equity and Environmental Justice Strategy

June 30, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Council Family – This topic was discussed at the most recent advisory group and Council meetings. As you know, the Western Pacific Region is recognized for community development and education and training programs in the Magnuson-Stevens Act, and yet have been underfunded for many years. NMFS will host four webinars – see details below. At the June 30 session, NMFS Pacific Islands Region staff will focus on Pacific Islands Regional issues and will be on hand to answer questions. We encourage you all to participate.

-Kitty Simonds

The following was originally released by the National Marine Fisheries Service (NMFS) May 6, 2022.

NOAA Fisheries shared its first-ever draft Equity and Environmental Justice Strategy and invited public comments through August 19 (*extended to August 31*). In addition to accepting written comments, we will host four webinars on the strategy, where comments will be accepted. Additional in-person meetings and opportunities to comment via phone will be announced on a rolling basis, once those plans are finalized.

“NOAA Fisheries is focused on serving all communities more equitably and effectively, and this strategy will provide the framework to do just that,” said Assistant Administrator for NOAA Fisheries and NOAA’s Acting Assistant Secretary for Oceans and Atmosphere, Janet Coit.

“We are committed to advancing equity and environmental justice, including equal treatment, opportunities, and environmental benefits for all people and communities, while building on continuing efforts and partnerships with underserved and underrepresented communities,” she added.

Goals and Objectives

The agency identified three overarching, long-term goals in the strategy. They are:

  • Prioritize identification, equitable treatment, and meaningful involvement of underserved communities
  • Provide equitable delivery of services
  • Prioritize equity and environmental justice in our mandated and mission work

The agency also identified six short-term objectives in the strategy. They are:

  • Provide an empowering environment within the agency to support multiple equity and environmental justice approaches at NOAA Fisheries
  • Incorporate equity and environmental justice in agency policies and plans
  • Achieve equity in research and researching equity
  • Outreach and engage equitably
  • Equitably distribute benefits
  • Ensure inclusive governance

This national strategy is the result of guidance from recent Executive Orders, the White House Environmental Justice Advisory Council, the Department of Commerce’s Equity Action Plan, NOAA’s Climate Council and agency leadership, enthusiastic staff participation, and a clear and growing need indicated by underserved communities. The strategy also builds on our previous equity and environmental justice efforts to provide guidance for incorporating and prioritizing EEJ in ongoing and future activities in support of our mission.

“While we are making progress in addressing equity and environmental justice, we know that we have much more work to do to embed EEJ into our day-to-day efforts,” said NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs, Sam Rauch, who also convened and led the agency’s EEJ Working Group. “By focusing on these goals and objectives we will provide more equitable stewardship of the nation’s ocean resources and their habitat.”

How You Can Help

NOAA Fisheries’ science, conservation, and management activities serve a diverse array of communities across the United States and territories. However, not all communities have equal opportunities and access to agency-led services. Through this call for public comment, we seek assistance in several areas, including help to identify:

  • Who the agency’s underserved communities are
  • How the agency can reduce barriers to underserved communities
  • How the agency can better incorporate equity and environmental justice into our daily activities
  • How we can improve equity in our programs and policies now, with our current resources, and in the future
  • Help evaluating whether the draft recommendations for action are on target

How to Provide Comment

You can provide comments online. You can also comment at webinars, by phone, and at in-person meetings. The webinars will be held on:

  • June 30, 2022, 1 – 3 p.m. HST, noon – 2 p.m. SST, July 1, 2022, 8 – 10 a.m. ChST 

(Visit this page and click on “Register for June 30 webinar”)**** (link corrected)

  • July 19, 2022, 10 a.m. – noon HST, 9 – 11 a.m. SST, July 20, 2022, 6 – 8 a.m. ChST

(Visit this page and click on “Register for July 19 webinar”) (link corrected)

****At this session, NMFS Pacific Islands Region staff will focus on Pacific Island Regional issues and will be on hand to answer questions.

Achieving Our Goals

To achieve our initial equity and environmental justice goals, each of the agency’s national program offices and geographic regions will incorporate EEJ into a step-down implementation plan. These plans will be specific and responsive to the needs of underserved communities and allows for the input of underserved communities. Each program, science center, and regional office will set equity and environmental justice as a Priority Area or milestone in annual strategic planning starting in 2023. And, the agency’s step-down implementation plans will include metrics describing equity and environmental justice actions. Our progress will be publicly reported annually in an EEJ Scorecard.

“To be clear, this strategy does not endorse business as usual and is not a rebranding of existing activities. Rather, this national strategy describes the path that NOAA Fisheries will take to incorporate EEJ into the vital services we provide to all stakeholders,” said Coit.

Western Pacific Fishermen Losing Last Vestiges of U.S. Waters Open to Fishing; Council Frustrated

June 29, 2022 — Sanctuaries, marine monuments, no-fishing zones — Western Pacific fishermen are trying to hold on to as many areas open for fishing as they can.

Last week, the Western Pacific Regional Fishery Management Council supported permitting non-commercial fishing and prohibiting commercial fishing in the Monument Expansion Area of the Northwestern Hawaiian Islands, from 50 to 200 nautical miles.

However, Council members were infuriated because continuing to close areas to fishing is an affront to indigenous peoples. Members stressed the importance of continuing indigenous cultures and practices. Guam Council Vice Chair Manny Dueñas noted that permitting fishing perpetuates Hawaiian culture, and does not preserve it in a pickle jar.

“Whether they decide to or not, I want the Hawaiians to have the opportunity to be able to practice their culture,” Duenas said in a press release.

“It is important that we allow Native Hawaiian traditional practices, but minimize the impacts from non-native fishing,” David Sakoda, Council representative for the State of Hawai‘i, added.

Read the full story at Seafood News

Council Offended by Removal of Last Vestiges of US Ocean Waters Open to Fishing

June 24, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Council supported permitting non-commercial fishing and prohibiting commercial fishing in the Monument Expansion Area of the Northwestern Hawaiian Islands (NWHI) (50 to 200 nautical miles). Council members were infuriated because continuing to close areas to fishing is an affront to indigenous peoples. Members stressed the importance of continuing indigenous cultures and practices. Guam Council Vice Chair Manny Dueñas said, “Permitting fishing perpetuates Hawaiian culture, and does not preserve it in a pickle jar. Whether they decide to or not, I want the Hawaiians to have the opportunity to be able to practice their culture.”

“It is important that we allow Native Hawaiian traditional practices, but minimize the impacts from non-native fishing,” said David Sakoda, Council representative for the State of Hawai‘i.

Council Executive Director Kitty Simonds asked, “How much more protection would we have by an overlay of the sanctuary? Closing these waters to protect migratory fish is futile when the fish move everywhere.”

The Council will develop the details for provisions related to non-commercial fishing in the NWHI, including Native Hawaiian practices and cooperative research to amend the Council’s Fishery Ecosystem Plans for initial action in September.

The Council also discussed a proposal to further expand the Pacific Remote Islands Marine National Monument (PRIMNM), closing waters 50 to 200 nautical miles seaward of Palmyra Atoll, Kingman Reef and Howland and Baker Islands. The existing PRIMNM already closes all waters 0 to 200 nm around Wake Island, Johnston Atoll, Jarvis Island, and closes waters 0 to 50 nm from the proposed island areas.

“With the additional restrictions that keep getting placed on indigenous fishermen, pretty soon no one will be able to go fishing. This has got to stop,” emphasized Monique Amani, Council member from Guam. “During the pandemic, the islands came together to utilize their subsistence traditions of fishing to support each other.”

Expansion would jeopardize the viability of the tuna cannery in American Samoa, the largest employer in the territory. The cannery relies on fish supply from the U.S.-flagged purse seine fleet, which has declined from 38 to 13 vessels. Closing the remaining U.S. waters of Howland, Baker, and Palmyra Islands forces U.S. purse seiners to fish farther away from American Samoa and thereby deliver their catch to closer ports, like Ecuador.

“More than half of the people in American Samoa live below the poverty level,” said Council Chair Archie Soliai. “If the president signs off on this, it will be in conflict with his executive order on advancing equity and environmental justice in underserved communities.”

CNMI Council member McGrew Rice added, “We need to consider that the Pacific Remote Islands monument is surrounded by more than 3,000 foreign vessels that fish in the Western and Central Pacific Ocean. All it’s doing is increasing fishing privileges for competing foreign fleets that don’t manage to our standards.”

Council members continued to express frustration with restricted access to fishing within monuments and sanctuaries in their areas. “What is the point of a monument expansion?” asked Guam Council member Chelsa Muña-Brecht. “Is it to preserve the pretty fish in the area? It doesn’t serve the community and doesn’t level the playing ground between U.S. and foreign fishers.”

The Antiquities Act that presidents use to establish monuments is not a transparent process, but implemented through a “top-down” approach that conflicts with equity and environmental justice principles. “The Antiquities Act was intended to protect burial sites and relics of indigenous people. It is not an appropriate approach to marine conservation – we have the MSA for that,” said John Gourley, Council vice chair from the CNMI. “Monument designation bypasses the courtesy of involving affected communities.”

Hawai‘i Council member Matt Ramsey said, “To avoid unintended consequences, it’s critical that stakeholder engagement occurs early on in the process of developing a fisheries management proposal. Those most impacted by a management action need to have an opportunity to learn about the proposed action and share their perspective.”

The Council will ask President Biden for a comprehensive evaluation of the unintended consequences of the proposed expansion and that any measures be evaluated through a transparent and public process prior to implementation.

Western Pacific Federal Managers Support Conservation Definition and Request Better Coordination with NOAA on ESA Biological Opinions

June 23, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Today, the Council requested NOAA and the Council for Environmental Quality (CEQ) adopt a Council Coordination Committee (CCC) area-based management subcommittee’s proposed definition of “conservation area” to identify qualifying regions in President Biden’s “30×30” initiative. The CCC represents the eight Regional Fishery Management Councils in the nation.

“The Council has a golden opportunity to support what the CCC has done, and help NOAA and the CEQ move forward with a sensible and fair definition of conservation that not only includes provisions to protect biodiversity, but also promotes wise use of fisheries,” said Will Sword, Council vice chair from American Samoa.

The Council recommends CEQ follow National Environmental Protection Act (NEPA) guidelines when implementing America the Beautiful and consult state and territorial governors affected by new conservation areas. In addition, the Council will inform NOAA, the CEQ and Biden Administration that the Western Pacific Region has met 97% of the “30×30” goal to conserve 30% of all U.S. lands and waters by 2030 with its existing marine managed areas.

The Council called upon NOAA National Marine Fisheries Service (NMFS) to include the Council in developing any reasonable and prudent measures in advance of the draft biological opinions on the Hawai‘i deep-set and American Samoa longline fisheries. The biological opinion assesses if the fisheries are likely to jeopardize the continued existence or recovery of Endangered Species Act-listed species.

A NMFS policy directive recognizes the Council’s unique role in helping the agency comply with the ESA. The Council is charged with developing fishery management regulations under the Magnuson-Stevens Act, which are approved by the Secretary of Commerce and then implemented by NMFS. Despite repeated Council requests over the past three years, NMFS has not discussed potential measures that may be needed to reduce the fisheries’ impacts on ESA-listed species.

The Council recommended setting a 2023 catch limit of 2,000 metric tons (mt) of bigeye tuna each for American Samoa, Guam and the Commonwealth of the Northern Marianas (CNMI). Each U.S. Participating Territory would have a transfer limit up to 1,500 mt to Hawai‘i-based U.S. longline vessels operating under approved specified fishing agreements with the territories. Total transfers would be limited to 3,000 mt.

The Hawai‘i longline fishery has a low impact (3% of total catch) on the Western and Central Pacific (WCPO) bigeye tuna stock. The Council recommended exploring an increase to the U.S. longline catch limit for WCPO bigeye tuna and increasing future allocation limits from the territories to Hawai‘i-based longline vessels.

In the 2021 annual report on the status of fisheries in the region, pelagic fisheries catch increased across gear types, resulting in increased revenue from high fish prices. Bottomfish fisheries in the CNMI and Guam increased substantially in catch and effort. Bottomfish catch in American Samoa waned to its lowest level over the past decade—the average yearly catch of approximately 12,000 pounds dropped to just over 2,000 pounds in 2021. Reports will be available on the Council website next week.

The Council held an equity and environmental justice (EEJ) workshop in April that brought together indigenous Council members, advisory panel members, NOAA regional staff and leaders in the Western Pacific Region. To effect EEJ momentum in our region, participants emphasized the importance of outreach and engagement, building local capacity, fostering a bottom-up approach, funding community projects, collaborating with local agencies and managing climate change impacts. Based on this workshop, the Council will provide comments on the NMFS draft EEJ strategy to identify long-standing issues in the U.S. Pacific Islands.

Council Concerned With Lack of Support for Western Pacific Fishing Communities

June 22, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

On the first day of the Western Pacific Regional Fishery Management Council meeting, members learned that while the National Marine Fisheries Service (NMFS) FY2022 budget increased this year, the Council’s annual request was reduced by $343K. This cut will impact capacity-building efforts, the annual report on the status of fisheries in the region and the protected species program.

Council members were critical of the devaluing of fisheries in the Pacific Islands. Council Chair Taotasi Archie Soliai was concerned that Council programs are being impacted. “NMFS keeps talking about equity and justice, but this is not seen in our islands.”

Soliai continued, “Our economies and cultures depend on the ocean and fishing,” noting the proposed closure of the remaining waters of the Pacific Remote Island Areas north of American Samoa. Governor Mauga of American Samoa asked President Biden not to expand the Pacific Remote Islands Marine National Monument, while Governor Ige of Hawai‘i supported the request by the Pacific Remote Islands Coalition (PRIC). “Hawaii has a large, highly developed and diversified economy. American Samoa does not,” said Governor Mauga. “American Samoa is highly dependent on the United States for financial assistance to support our infrastructure, harbors, airports, hospitals, and schools. If our tuna industry collapses, American Samoa will become more dependent on U.S. financial aid.” Links to the governors’ letters can be found here: www.wpcouncil.org/event/191st-council-meeting-virtual.

Manny Dueñas, Council vice chair from Guam, echoed the chair’s comments, noting that the reduction of funding and additional closures are a “personal and major concern to the fishing communities in the islands” and that “in the Marianas, we need to fish to feed our people.”

Council members discussed a delinquent NMFS draft bottomfish fisheries biological opinion (BiOp) that was provided to the Council less than three weeks ago for comments. The publication of the opinion took three years to develop and John Gourley, Council vice chair from the Commonwealth of the Northern Marianas (CNMI), commented, “fishermen have been waiting for this to be completed to ensure they weren’t adversely affecting the protected species in their area.”

Council members also expressed their frustration with BiOp delays for the Hawai‘i deep-set longline and American Samoa longline fisheries, noting the extended delays create uncertainties that cause anxiety. The Council Executive Director Kitty Simonds reminded the NMFS regional administrator that there is a policy directive that recognizes the Council’s unique role in helping NMFS comply with the Endangered Species Act. The Council remains optimistic that it will have the opportunity to review draft BiOps prior to its next meeting in September.

The Council also requested the U.S. Coast Guard station a fast response cutter in American Samoa to support U.S. coastal security, national and international fishery patrols, search and rescue and national defense. As international fisheries around American Samoa grow, the Council would like to ensure that illegal, unreported and unregulated fishing does not encroach into the U.S. exclusive economic zone.

The Council will convene tomorrow, Wednesday, June 22 for the second of its three-day meeting to review and potentially make recommendations on protected species, pelagic and international fisheries, and program planning and research. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at www.wpcouncil.org/event/191st-council-meeting-virtual

Fishery Management Council to Consider Area-Based Management Issues and Draft Fishing Regulations for Proposed NWHI Sanctuary

June 20, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Council will meet June 21 to 23, 2022, to discuss President Biden’s “30×30” initiative and a proposed marine national monument expansion, draft fishing regulations for the proposed Northwestern Hawaiian Islands (NWHI) sanctuary and 2023 U.S. territory bigeye longline catch limits, among other topics. The meeting will be held in a hybrid format, with in-person and remote participation options available for members, and public attendance limited to web conference. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at www.wpcouncil.org/event/191st-council-meeting-virtual.

Area-Based Management

The Council will review a Council Coordination Committee area-based management subcommittee report addressing the Biden Administration’s “30×30” initiative to conserve 30% of U.S. lands and waters by 2030. The initiative has the potential to greatly impact fisheries and their management in the United States. Protections in the Western Pacific Region alone collectively correspond to 29.1% of all U.S. marine waters under fishery council purview, which is 97% of the national goal.

The Council will also discuss a proposal to expand the no-take areas of the Pacific Remote Island Marine National Monument, making it the largest marine protected area in the world. This would close waters 50 to 200 nautical miles from Howard and Baker Islands, and Kingman Reef and Palmyra Atoll. The Council will deliberate on potential dire consequences of the expansion, such as jeopardizing American Samoa’s economy by reducing supply of U.S.-caught fish to its cannery.

Proposed NWHI Fishing Regulations

The Council will consider action on a regulatory amendment looking at various alternatives for commercial and non-commercial, Native Hawaiian practices, and research fishing in the proposed NWHI sanctuary. At its March 2022 meeting, the Council agreed to develop fishing regulations for the proposed sanctuary, which were provided to the NOAA Office of National Marine Sanctuaries as part of the designation process.

The Council will also develop an amendment to its Hawai‘i Archipelago and Pacific Pelagic Fishery Ecosystem Plans (FEPs) to analyze fishing alternatives in parallel to the sanctuary fishing regulations. The Council may need to consider the impact of proposed regulations on the current regulatory landscape in the NWHI, including the Council’s current Magnuson-Stevens Act regulations in the area.

2023 Territory Bigeye Specifications

The Council will consider taking final action on the specification of the 2023 U.S. territorial bigeye longline limits for American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI).

Bigeye tuna in the Western and Central Pacific Ocean (WCPO) is internationally managed and assessed by the Western and Central Pacific Fisheries Commission, which develops catch and effort limits for member nations. A 2020 stock assessment concluded the bigeye tuna stock in the WCPO is not overfished or experiencing overfishing. Small Island Developing States and Participating Territories (including American Samoa, Guam and the CNMI) are not subject to catch limits for bigeye tuna in consideration of their fishery development aspirations.

Through its Pacific Pelagic FEP, the Council recommends a catch limit for each U.S. territory and allows transfer of part of its catch limit through speci­fied fishing agreements to U.S.-flagged longline vessels that operate out of Hawai‘i.

The Council will also hear from its advisory bodies on the draft National Marine Fisheries Service bottomfish fisheries biological opinion. The assessment concluded bottomfish fisheries in Hawai‘i, American Samoa and the CNMI are not likely to jeopardize the continued existence or recovery of Endangered Species Act-listed species such as the oceanic whitetip shark because interactions affect less than 0.0001% of its population.

 

Western Pacific Scientists Support No Jeopardy Determination for Oceanic Whitetip Sharks Caught in Region’s Bottomfish Fisheries

June 17, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Council’s Scientific and Statistical Committee (SSC) supported part of a draft bottomfish fishery biological opinion (BiOp) that concluded fisheries in Hawai‘i, American Samoa, the Northern Mariana Islands and Guam are not likely to jeopardize the continued existence or recovery of oceanic whitetip (OWT) sharks. The BiOp is part of a formal consultation process that was triggered in 2018 after the National Marine Fisheries Service (NMFS) listed the sharks as threatened under the Endangered Species Act.

“We appreciate that the 3-year review rendered a no jeopardy opinion and fully concur with this conclusion,” said SSC Chair James Lynch. “No need exists for further restrictions on these fisheries.”

Bottomfish fisheries in the Western Pacific Region are small (thousands of pounds caught annually vs. millions of pounds caught in pelagic fisheries), and provide fish mainly to local markets in the four areas. OWT interactions with the bottomfish fisheries are rare, as the fishermen target fish at 300 to 1200 feet, whereas OWT sharks’ preferred habitat is in the upper 500 feet of the water column in the open ocean. The draft BiOp analyzes the potential impact of one OWT mortality every five years in each of the areas. This represents less than 0.0001% of the OWT population estimate of more than 775,000 in the Western and Central Pacific Ocean. 

The draft BiOp includes a reasonable and prudent measure (RPM) that requires NMFS to monitor and report on total estimated OWT shark interactions in the bottomfish fisheries. RPMs are non-discretionary measures that are necessary and appropriate to minimize the impacts of incidental take. 

While the SSC recognized the need for improved species identification and fishery information, it found the RPM was neither reasonable nor prudent for OWT sharks. Impacts to the species are minimal, and monitoring itself does not reduce impacts of bottomfish fisheries. The SSC also recommended any monitoring of OWT interactions be integrated into existing programs, as it would not be feasible to design an independent monitoring program to detect rare events.

The draft BiOp is one of three outstanding from NMFS, with the others pertaining to the Hawai‘i deep-set longline and American Samoa longline fisheries. The Council will consider the SSC’s review, along with input from the Council’s regional Advisory Panels, at its meeting next week.

The SSC also discussed a NMFS update on the review of the agency’s Serious Injury Determination Policy. NMFS uses the policy to evaluate whether the outcome of a marine mammal interaction with a fishery is likely to lead to a mortality of the animal, such as in the case of false killer whales (FKWs) that may be accidentally hooked and released alive in the Hawai‘i deep-set longline fishery. 

The SSC recommended that NMFS consider hook type as key information in determining whether an interaction outcome will be categorized as a “serious injury,” which is defined as any injury that likely results in mortality. Under the existing policy, location of hooking and amount of trailing gear left on the animal are some of the information used to determine the degree of injury, but not hook type. 

The Hawai‘i deep-set longline fishery has been required to use “weak” circle hooks since 2013 that are intended to straighten to facilitate FKWs to escape without trailing gear. In general, the shape of the circle hooks makes it more likely for the animal to become hooked along the edge of the mouth rather than internally. 

Lip-hookings are considered less detrimental to the animal than hooks in the jaw or ones that are swallowed. In 2021, six out of the 15 FKW interactions recorded by federal observers onboard the Hawai‘i deep-set longline vessels had the hook or the crimp immediately above the hook visible around the mouth. However, out of the six, five were categorized under the existing policy as a serious injury.

NMFS’s proposed revision of the Serious Injury Determination Policy is expected to be made available for public comment during summer 2022.

 

Scientists Advise Fishery Management Council on Area-Based Management and Development of a University of Hawaii Fisheries Program

June 16, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

The Council’s Scientific and Statistical Committee discussed a report written by the area-based management subcommittee of the Council Coordination Committee (CCC) to address the Biden Administration’s America the Beautiful initiative. The initiative’s goal is to “conserve” 30% of U.S. lands and waters by 2030. The purpose of the report was to take inventory of existing managed areas in the U.S. exclusive economic zone (EEZ) relative to the 30×30 initiative and discuss pros and cons of area-based management.

The subcommittee developed a draft definition of conservation areas to identify qualifying regions since none exists elsewhere. The Western Pacific Region (WPR) is the largest managed ocean area (~1.7 million square nautical miles) in the United States, and more than 60% of its waters (1,032,825 nm2) meet the America the Beautiful criteria. The WPR alone already meets 29% of the initiative’s goal.

The Pacific Remote Islands Coalition recently proposed to expand no-take areas of the Pacific Remote Islands Marine National Monument to the entire U.S. EEZ, making it the largest marine protected area in the world. 

The SSC noted it doesn’t make sense scientifically, doesn’t protect diverse habitats and creates unbalanced regional representation, leading to strong socioeconomic impacts and undermining biodiversity goals.

The SSC suggested the Council request a comprehensive evaluation of the unintended consequences of the proposed expansion and that any measures be evaluated through a transparent and public process prior to implementation. SSC members clarified unintended consequences of the expansion range from displacement of U.S. fisheries by competing foreign fisheries to reduced supply of U.S.-caught fish to the American Samoa cannery.

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The SSC also discussed the development of a University of Hawai‘i (UH) Fisheries Program, which may be based on a Coastal and Marine Resources graduate program approved (but not enacted) in 2005. Fisheries play a large role in the culture, food security, and economic development of the WPR. A fisheries education program is needed to build capacity for employment and professional development in Hawai‘i and the U.S. Pacific Territories. Academic and professional development infrastructure is lacking outside of the continental United States. 

SSC members expressed support for the program and noted Council staff will contact faculty and administrators at UH to express support and assistance. The SSC recommended revisiting this issue at its September 2022 meeting.

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The SSC heard an update on Equity and Environmental Justice (EEJ) activities in the WPR, including a CCC working group report (https://tinyurl.com/EEJReport) that defines EEJ issues within a U.S. fisheries management context, and a WPR EEJ in Fisheries Management workshop. The workshop included discussion on the Council’s impact and contributions in advancing EEJ for WPR fisheries. Participants provided insights into how the Council can leverage several tools—fund, implement, empower, and advocate—to effect change.

The SSC also discussed the National Marine Fisheries Service (NMFS) draft EEJ strategy, which identified barriers to EEJ and how the agency plans to address issues in underserved communities. This will lead to step-down implementation plans at the regional level to create a framework to incorporate EEJ into NMFS’ daily activities. SSC members highlighted the importance of inclusive governance and noted several barriers, including system complexity, overuse of jargon, and the public’s negative attitude and distrust of the process.

 

Scientists to Discuss 2021 Fishery Status, Protected Species Studies and Deep-Sea Mining in the Western Pacific

June 10, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

Scientists across the Western Pacific Region will meet June 14 to 16, 2022, to provide advice and comments to the Western Pacific Regional Fishery Management Council on the 2021 fishery status reports, Endangered Species Act (ESA) consultations, a false killer whale (FKW) analysis, deep-sea mining and other topics. The Council’s Scientific and Statistical Committee (SSC) meeting will be held in a hybrid format, with in-person and remote participation options available for members, and public attendance limited to web conference. The full agenda, background documents and instructions for connecting to the meeting and providing oral public comments are available at www.wpcouncil.org/event/144th-scientific-and-statistical-committee-virtual-meeting. 

2021 Annual SAFE Reports

The SSC will discuss highlights from the 2021 Annual Stock Assessment and Fishery Evaluation (SAFE) Reports covering the performance of Council-managed fisheries and ecosystem considerations that potentially drive fishery dynamics. The reports include impacts of the COVID-19 pandemic and associated restrictions on the fisheries and data collection. For example, total ex-vessel venue for Hawai‘i pelagic commercial fisheries decreased 22% to $83.4 million in 2020, before rebounding 49% to $124.4 million in 2021. The reports also incorporate fishermen observations that provide a qualitative description of the fisheries and fishery environment. 

ESA Section 7 Consultations

The SSC will review a draft bottomfish fishery biological opinion recently released by National Marine Fisheries Service (NMFS) for the Hawai‘i, American Samoa, Northern Mariana Islands and Guam fisheries. This is part of an ongoing ESA formal consultation process reinitiated in 2019. The ESA requires federal agencies to ensure the fisheries do not jeopardize the continued existence of ESA-listed species. In this case, those species are oceanic whitetip sharks, giant manta rays and chambered nautilus, and designated critical habitat for false killer whales in the main Hawaiian Islands. Interactions with ESA-listed species in these bottomfish fisheries are rare, and the draft biological opinion found that these fisheries have minimal impacts on listed species. The assessment addresses reproduction, and population numbers and distribution.

FKW Analysis

The SSC will discuss its input for an ongoing PIFSC analysis of FKW interaction and depredation patterns. The analysis is being conducted due to a Council recommendation from the March 2022 meeting to inform further Council discussion on managing FKW interactions in the Hawai‘i deep-set longline fishery. PIFSC has applied a model to explore FKW interactions and marine mammal-recorded depredation events using historical data from the NMFS Observer Program. The full analysis, anticipated to be completed before the September SSC meeting, will include estimates of economic impacts from depredation and the effect of Southern Exclusion Zone closures on fishing effort and FKW interactions.

Deep-Sea Mining

The SSC will hear updates on deep-sea mining activities in the Pacific, particularly those to extract manganese nodules and cobalt, which are used for batteries in modern electronic devices and vehicles. In the Pacific, more than one million square kilometers have been included in claims for deep-sea prospecting. The ecological impacts of these growing ocean industries on fishing and potential interactions with fishing activities remain to be fully explained. An integrated web portal and map called Deep Sea Mining Watch is available for the public to see ongoing activities: https://deepseaminingwatch.msi.ucsb.edu.

Recommendations made by the SSC on these and other matters will be considered by the Council when it meets June 21-23, 2022, in the same hybrid format as the SSC meeting. Instructions on connecting to the web conference, agendas and briefing documents are posted at www.wpcouncil.org/event/191st-council-meeting-virtual.