Council Actions

September 27, 2024 — The following was released by the Western Pacific Regional Fishery Management Council:

Concluding its 200th meeting, the Western Pacific Regional Fishery Management Council established an Indigenous Committee to provide recommendations to federal authorities on cultural fishing rights and related issues.

Sub-panels for Hawai‘i, American Samoa, Guam and the CNMI will include members with expertise in traditional fishing practices and community ocean activities in their respective regions. The new committee will augment the Council’s Fishery Rights of Indigenous People Standing Committee, which was established in the mid-1980s.

Throughout its 48-year history, the Council has addressed indigenous issues and sought to modify the impact of federal fishery management on Native Hawaiians, Samoans, Chamorros and Carolinians, who have fished in the Western Pacific for centuries. 

With the growing emphasis on ecosystem-based management, traditional ecological knowledge, equity, and environmental justice, the Council created the new Indigenous Committee to ensure culturally relevant recommendations that include indigenous perspectives in the region’s decision-making process.

The Council requested a presentation on how the recognition process for indigenous peoples could work and the benefits an existing system now provides to Native American Tribes. Currently, the United States does not recognize the indigenous peoples of the Western Pacific Region—Kānaka Maoli, Samoans, CHamoru and Refaluwasch—in the same way it does federal Native American Tribes. This difference puts the Pacific groups at a disadvantage in federal relations.

The Endangered Species Act, for example, allows subsistence use of endangered species as a food source for Native American Tribes, but such exceptions were not considered for regional indigenous peoples when the U.S. entered international agreements to protect green sea turtles, a traditional food in the Pacific. Expanded recognition could address existing and future issues affecting Pacific Islanders.

National Marine Sanctuaries in the Pacific

The Council reviewed a NOAA status update on the proposed national marine sanctuaries in the Northwestern Hawaiian Islands (NWHI) and Pacific Remote Islands (PRI). Since March 2024, public hearings have been held across the Hawaiian islands on the draft Environmental Impact Statement (EIS) for the NWHI sanctuary, with no action yet reported on a draft EIS for the PRI sanctuary.

The Council expressed concerns over the process for establishing fishing regulations under the National Marine Sanctuaries Act, section 304(a)(5), contending it fails to provide a clear rationale for why such regulations are necessary. The Council stressed the need for assessing potential threats to sanctuary resources—including fishing—before determining regulations to address those concerns.

The Council bid a fond farewell to Manny Dueñas from Guam whose 3-year term ended in August 2024. He was a Member of the Council for a total of 12 years, having previously served between 2003 and 2012, including as Chair from 2011-2012. Dueñas has led the Guam Fishermen’s Cooperative Association for nearly 40 years, and has been a passionate champion of his culture and fishing rights. During his tenure, the Council provided funds supporting projects for indigenous fishing practices throughout the Western Pacific Region. Seabird, sea turtle and oceanic whitetip shark bycatch mitigation measures were established for the Hawai‘i longline fishery. A major restructuring of managing fisheries was adopted by the Council–instead of species-based, four archipelago ecosystem plans were developed for American Samoa, the CNMI, Guam and Hawai‘i.

The Council’s 201st meeting will be held virtually Dec. 16-18, 2024. Major agenda items will include actions on the Guam bottomfish rebuilding plan, striped marlin stock sustainability, uku stock assessment and catch limits in Hawai‘i, longline vessel crew training and electronic monitoring. Information will be posted on our website at www.wpcouncil.org/meetings-calendars.

September 26, 2024 — The following was released by the Western Pacific Regional Fishery Management Council:

Praise from a top federal administrator combined with an airing of interagency issues energized the second session of the Western Pacific Regional Fishery Management Council’s 200th meeting Tuesday.

Sam Rauch, Deputy Assistant Administrator for Regulatory Programs at the National Marine Fisheries Service (NMFS), opened the session by complimenting the Council for its achievements.

 “This Council doesn’t get enough credit for leadership in the region and the example it has set nationally and internationally; things done here echo throughout the world,” said Rauch. 

 “To name a few,” Rauch continued, “the Council prohibited destructive gears, explosives, poisons; implemented measures on drift gillnets before the drift gillnet act; created areas where industry can thrive and at the same time reduce impacts to protected species; and crafted gear measures with industry that are models for the rest of the world—circle hooks, wire leaders and vessel monitoring systems (VMS).”

The Council welcomed Rauch’s comments, though much of the session focused on policy and procedural disagreements between the Council and NMFS.

 Council members expressed frustration with the proposed Endangered Species Act (ESA)-listing of giant clams in the U.S. Pacific Territories. NMFS initiated a status review in 2017 in response to a petition to list 10 species of giant clams under the ESA, but published the proposed rule in July 2024, opening the proposal for a 90-day public comment period. NMFS presenter John Rippe said that for giant clams in general, quantitative data and survey data is very limited. 

Council member Sylvian Igisomar questioned if NMFS had considered unpopulated as well as populated areas when gathering information about the giant clams’ spatial distribution.

“I feel NMFS is just ramming this through the system,” said Igisomar, Secretary of the CNMI Department of Lands and Natural Resources. “Some of these species shouldn’t have been [proposed]—just because you can’t access an area, doesn’t mean the clams are not there.”

The Council reiterated its request for NMFS to engage early with local agencies and communities, and to collaborate with the governments of American Samoa, Guam and the CNMI. The members emphasized the importance of working proactively with the U.S. Pacific Territories before considering ESA listings and critical habitat designations.

Council member Chelsa Muña questioned NMFS’s listing of giant clam species as endangered in regions like Guam and the CNMI where those species haven’t been present for many years. “We are working with Palau to reintroduce the species. It’s disconcerting to see the ones that don’t occur in the Marianas on the list since they’re not part of the natural habitat. You will be restricting our ability to repopulate the area,” Muña emphasized.

Members noted that from past experience with other ESA-listed species like turtles, once giant clams are listed, it is difficult to delist them later. Muña said, “If climate change is included as one of the threats, then there is nothing we can really do to change that impact.” 

Muña, director of the Guam Department of Agriculture, added this would affect attempts to recover the species, as is the case with several species of corals. “Outplantings require permits, and you can’t outplant corals that are endangered because you have to harvest,” she noted.

 Rippe explained that under the ESA, the United States is required to list species based on their status throughout their entire range, not just in certain areas. Though some giant clam species in question don’t occur in the Mariana Archipelago, they exist elsewhere in their range, such as the Great Barrier Reef, the Philippines and Indonesia, which justifies the listing. 

 American Samoa Council member Archie Soliai added, “For the whole session we heard on ESA and Marine Mammal Protection Act issues, what sticks out the most is ‘restrict, control and prohibit.’ Giant clams are important to our culture, and this inhibits our food security.”

 The Council asked NMFS to extend the public comment period to allow more time for agency outreach to affected communities and for community members to comment. It also asked that NMFS work with governments of American Samoa, Guam and the CNMI to review data supporting proposed rules and their socioeconomic and cultural impacts.

 The Council sessions at the Ala Moana Hotel Hibiscus Ballroom will conclude Wednesday, Sept. 25.