Pago Pago, AMERICAN SAMOA — The U.S based, American Tunaboat Association (ATA) has taken their concerns over a proposed rule impacting the U.S purse seiner fleet based in American Samoa, to the Permanent Advisory Committee (PAC) at the U.S. Commissioners to the Western and Central Pacific Fisheries Commission (WCPFC).

The input from the ATA comes as the WCPFC is set to hold its 19th Session in Vietnam later this month.

The U.S National Marine Fisheries Service (NMFS) announced in September this year, a proposed rule that eliminates its use of a combined purse seine effort limit in the Effort Limit Area for Purse Seine (ELAPS), and creates two separate limits of 1,270 days for the high seas and 558 days that may only be fished within the U.S. EEZ.

In a prepared statement presented to the PAC meeting last week in Honolulu, ATA asserts that the proposed change:

•           Is unnecessary for compliance with the United States obligations under the WCPFC, per NMFS’s own previous analysis;

•           Is not supported by any scientific or conservation purpose or rationale;

•           Is highly prejudicial to the negotiating position of the U.S. industry in critical international access negotiations;

•           Will contribute further to the economic distress being suffered by American Samoa due to the continuing decline of the U.S. tuna purse seine fleet based there; and

•           Contravenes provisions of the Administrative Procedures Act (APA), other specific provisions of U.S. law, in particular the implementing legislation for the Western and Central Pacific Fisheries Commission (WCPFC), and Executive Orders issued by U.S President Biden.

ATA asserted similar concerns, and voiced “strong opposition” to the proposed rules in a comment-letter submitted to NMFS. (See Samoa News edition Oct. 06 for details.)

In its statement to the PAC meeting, ATA noted the PAC’s Recommendations from 2021 included consensus recommendations regarding access to the high seas by U.S. vessels, consistent with scientific advice.

The U.S based group, cited part of the General Principles, which the PAC recommended:

•           “That the United States ensure that any new measure adopted by the Commission maximize the opportunities for U.S. fishing vessels to harvest fish stocks on the high seas consistent with scientific advice,” and

•           “That the Ensuring Access to Pacific Fisheries Act, Public Law 114-327, which was signed into law on December 9, 2016, be used as the basis for the U.S. posture at the WCPFC.”

Further, in the section on “Purse Seine,” the consensus recommendation of the PAC was:

• “That the U.S. Delegation continue to vigorously defend the application of the Effort Limit Area for Purse Seine (ELAPS) as the legitimate basis for managing U.S. purse seine effort limits established under successive WCPFC tropical tuna measures, currently pursuant to CMM 2018-01 and to explore other opportunities to maximize fishing opportunities for the American Samoa locally based fleet ...”

“We are deeply troubled that the U.S. Delegation has not only disregarded these recommendations in their entirety, it has moved affirmatively to do exactly the opposite,” according to the ATA statement.

ATA said the reason for the current about face of the U.S. government’s long-standing and well-justified policy on the ELAPS defies explanation.

“As far as we can tell, the only justification that NMFS cites for the change, is that some WCPFC members have complained,” they said.

 Although, at the same time, U.S. concerns about exemptions for high seas limits granted to vessels from other states — including China, Korea, Philippines, Taiwan, and others — simply by reflagging or even chartering to a Pacific Island State have been dismissed out of hand by these same countries.

“We urge the PAC to adopt a strong statement in opposition to the proposed action and to maintain the PAC’s - and previously NMFS’ - long-held view that the ELAPS is a legitimate basis for managing the level of U.S. purse seine fishing effort under WCPFC measures for tropical tunas,” ATA concluded in the statement.

Marine and Wildlife Department director, Taotasi Archie Soliai also offered a statement to the PAC meeting, as he spoke about importance of fishing in the high seas by the US flag purse seiners that are based in American Samoa and voiced his concerns that reduction of high-seas fishing days will hurt the local economy. (See Samoa News online story posted Tuesday for details.)

There’s been no new update on the NMFS proposed rule as of press time. As previously reported by Samoa News, Gov. Lemanu P.S Mauga, Congresswoman Uifa’atali Amata and Taotasi have submitted separate comment letters voicing concerns over the proposed changes to the ELAPS - that they say will harm the local economy, especially the tuna cannery.