Fishing within 12 nautical miles (nm) of the Rose Atoll National Monument in American Samoa will be prohibited under a new federal rule that goes into effect July 3, according to the final rule published late last week by the U.S. National Marine Fisheries Service (NMFS).

The 12 nautical miles prohibition is among the final rule changes made by NMFS, following consultation with the Honolulu-based Western Pacific Fishery Management Council (Council) and deals with fishing in Rose Atoll Marine National Monument, the Marianas Trench monument and the Pacific Remote Islands monument.

The federal notice about the effective date of the final rule also includes a NMFS summary of responses to several issues raised by 13 sources — including individuals, non-government organizations and the U.S. Department of Interior.

Apr. 8 was the deadline to submit comments and among those who sent comments, was the Manu’a District Governor Misaalefua Hudson, on behalf of the people of Manu’a, saying that the proposed 12 nautical miles prohibited fishing zone around Rose Atoll, or Muliava, does not allow the indigenous people of American Samoa to fish within the zone.

“This is equivalent to federal government prohibiting religious communion,” he said and noted that the establishment of the 12 nautical miles closed area “is disgraceful to our natural birthright as indigenous Samoans and contrary to our demonstrated long-term use, management, and health of marine resources found at Muliava Atoll”. (See Samoa News edition of Apr. 10 for full details of Misaalefua’s letter).

Another commenter says non-commercial fishing should be allowed within 12 nm of Rose Atoll, adding that traditional fishing at Rose Atoll mostly occurs on the coral reefs, which are within three miles from shore. Prohibiting all types of fishing within 12 nm around Rose, basically prohibits going to Rose for traditional fishing.

In its response, NMFS says federal regulations, which became effective on March 25, 2004 already prohibit fishing landward of the 50-fm isobath around Rose Atoll to help protect coral reef ecosystem resources. “The regulations extending the fishing prohibition to 12 nm around Rose Atoll is intended to help protect local bottom fish, coral reef ecosystem, and pelagic resources,” said NMFS.

“However, the regulations maintain traditional access and fishing opportunities outside of 12 nm for culturally significant pelagic resources, including skipjack tuna,” said NMFS, which noted that in the proposed rule, the Council — along with NMFS — “will review this closed area after a three-year period and the review will include a review of the closure’s impacts on residents of American Samoa, including the Manu’a Islands.”

Another issue raised by comments submitted deals with “customary exchange” in which some of the comments opposed it while others call to allow it due to the fact that this is part of life of indigenous people of the Marianas and American Samoa.

Under the final rule, the federal government allows “customary exchange in noncommercial fisheries in the Marianas Trench and Rose Atoll Monuments “to help preserve traditional, indigenous, and cultural fishing practices, on a sustainable basis.”

It also defines customary exchange as the non-market exchange of marine resources between fishermen and community residents, including family and friends of community residents (of American Samoa and the Marianas), for goods, and/or services for cultural, social, or religious reasons, and which may include cost recovery through monetary reimbursements and other means for actual trip expenses, including but not limited to ice, bait, food, or fuel, that may be necessary to participate in fisheries in the western Pacific.

A commenter says NMFS should prohibit community residents and their families and friends who obtain fish through customary exchange from selling, exchanging, bartering, or transferring those fish to persons outside the community. According to the commenter, prohibiting secondary transfers would help safeguard against unlawful commercial fishing, and ensure that the benefits of customary exchange are enjoyed only within the local community.

NMFS says it “disagrees” with the suggestion, saying that ample record considered by the Council does not include any evidence that secondary sales or exchanges of fish under customary exchange are either likely to occur, or would increase the likelihood of prohibited commercial fishing in the Monuments.

Moreover, the comment letter provides no information beyond speculation that secondary sales and exchanges of fish would increase the risk of unauthorized commercial fishing.

During the comment period, the indigenous people of Aunu’u Island voiced a strong objection to the inclusion of Aunu’u fishing grounds to the extension of the American Samoa National Marine Sanctuary.

NMFS said changes to the sanctuary boundaries are outside the scope of this final rule; and NMFS will forward the comment to NOAA’s Office of National Marine Sanctuaries.

Full details of the final rule is found on www.reuglations.gov