Pago Pago, AMERICAN SAMOA — Department of Marine & Wildlife Resources (DMWR) Director Taotasi Archie Soliai is seeking an update on the status of the proposed rule NOAA-NMFS-2022-0082, filed on September 12, 2022, that would create two separate fishing day limits —1,270 days for the high seas and 558 days for within the U.S. Exclusive Economic Zone (EEZ).

In a letter to Sarah Malloy, Acting Regional Administrator of the National Marine Fisheries Service (NMFS), dated Sept. 2, 2024, the proposed rule would, according to Taotasi, “directly impact the economy and people of American Samoa,” by limiting the fishing days in the high seas by the territory’s tuna processing-dependent economy that “relies substantially on the catch of the U.S. flag purse seiners that are based in American Samoa.”

“We would greatly appreciate any information you can provide on the status of this proposed rule and any considerations that are being taken into account, especially in light of the WCPFC 20 decision.”

The WCPFC decision pertains to Tropical Tunas reduced FAD Closure periods from:

3 months to 1.5 months (July to mid-August) within the EEZ's; and

2 months to 1 month within the high seas.

Essentially, the FAD fishing closures have been reduced by half. 

According to Taotasi, “quite notably, this is potentially not good for American Samoa as during the FAD closures the fishing fleet (US purse seiners) would move further eastward.

“The further eastward they fish, the chances of delivery to the territory is reduced as they would be closer to plants in Latin America (Ecuador, Mexico, etc).

“This also depends on several other parameters such as fuel prices, fish price, distance, etc.”

In his letter, Taotasi notes that “understanding the administration's position will help us prepare and adjust to any forthcoming regulatory changes that might affect our community.”

In another proposed rule for RIN 0648- BL25, “Fishing Restrictions in Purse Seine Fisheries and 2022 Longline Bigeye Tuna Catch Limit,” published on September 12, 2022 (see 87 FR 55768), with the comment period closing on October 3, 2022, the Lemanu Administration had informed NMFS in a letter that American Samoa will file suit on the “element of the proposed rule to disaggregate the ELAPs” — that is create two separate limits for fishing days on the high seas and in the US EEZ — if implemented.

In reply to Gov. Lemanu P.S. Mauga’s letter, Janet Coit, Ass’t Administrator for Fisheries, dated Jan. 5, 2023, she points out that NMFS, while committed to working with ASG and international partners “to secure a more just and advantageous position for American Samoa in WCPFC decisions and the implementation of those decisions, they “must do so in a manner that acknowledges the United States’ binding international obligations under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean and WCPFC decisions.

She further notes “the potential disruptive consequences of taking unilateral or inconsistent action without careful coordination with our international partners.”

"Coit invites the Lemanu Administration to work with us to address these important concerns of mutual interest.”