Saving Seafood

Federal Court Sides With American Samoa Over Large Vessel Protected Area

August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.

MOTION DENIED

“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”

According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.

BACKGROUND

Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.

Read the full story at the Pacific Islands Report

US Justice Department asks federal court to dismiss American Samoa lawsuit

May 3, 2016 — The U.S. Justice Department has asked the federal court in Honolulu to dismiss with prejudice the Territory of American Samoa’s lawsuit, which seeks to overturn a ruling made in February this year by the U.S. National Marine Fisheries Service or NMFS that reduces the Large Vessel Protected Area or from 50 miles to 12 miles in the waters of American Samoa.

A dismissal “with prejudice” would mean the plaintiff — in this case, American Samoa — will be barred from bringing action on the same claim again.

The Large Vessel Protected Area or LVPA, implemented in 2002, was reserved for the locally based alia or fishing boat, but the Western Pacific Regional Fishery Management Council had argued that the number of local alias has declined over the years, to number less than 10 in 2014. The council then recommended that the NMFS issued its final rule on Feb. 3, 2016 to allow U.S. longline vessels to fish in portions of the LVPA.

According to NMFS, the intent of the rule is to “improve the viability of the American Samoa longline fishery and achieve optimum yield from the fishery while preventing overfishing….”

However, American Samoa said the NMFS — in promulgating the final LVPA — “acted arbitrarily by asserting a rationale to support the new rule that is contrary to the evidence in the record.”

It asked the court to vacate the NMFS rule and declare that, among other things, the final LVPA rule is inconsistent with the Deeds of Cession, and therefore violates the Magnuson-Stevens Fishery Conservation and Management Act and the Administrative Procedure Act.

Read the full story from the Marinas Variety