Gov. Lolo Matalasi Moliga has joined the Department of Marine and Wildlife Resources in objecting to a  proposed federal rule to list the scallop hammerhead shark as “threatened” in American Samoa waters under the Endangered Species Act (EAS) .

The U.S. National Marine Fisheries Service (NMFS) had sought public comments following a petition by two groups: WildEarth Guardians and Friends of Animals, who pointed out that these sharks live in coastal waters in portions of the Atlantic, Pacific, and Indian Oceans. Additionally, all scalloped hammerhead populations are threatened by fish commerce—the main cause of population declines.

In his two page letter to Helen M. Golde, acting director of the Office of Protected Resources of NMFS, the governor first thanked the federal agency for “affording us islanders the opportunity to comment on this important issue.”

“Fishing is central to the Samoan culture so fisheries issues are important to us,” said Lolo who noted that he has objections to the proposed rule effecting waters of American Samoa based on available data and expert advice from local agencies.

WildEarth and Friends of Animals groups said in 2011 - when their petition was filed with NMFS - that scalloped hammerhead sharks have very high commercial value especially their fins. Additionally the shark’s flesh is also sold in various forms as food, the hides are commercially valued, and the remainder is used for vitamins and fishmeal for agribusiness use.

However, Lolo argued that “American Samoa already has an existing regulation banning the taking of all sharks. Therefore, this proposal to list this species under ESA is redundant.” Additionally, there “is no targeted fishery for sharks in the Territory unlike many other countries that target various sharks for their fins.”

He further argued that there’s no evidence that the abundance of scalloped hammerhead sharks is in decline; and there is no basis to include American Samoa to be part of the Indo-West (region) distinct population of the scalloped hammerhead shark where the population has been deemed threatened.

“There is a need to assess whether American Samoa scalloped hammerhead shark population should be considered as part of the Central Pacific population where the listing under ESA is not warranted,” Lolo suggested.

According to the governor, there are existing longline gear requirements in American Samoa that seek to avoid shark by-catch. “In fact, in the whole period of the longline observer program, only 8 scalloped hammerhead sharks were caught. This indicates that longline fishery does not pose a threat to this shark,” he added.

In closing the governor said his territory feels that the objections outlined his letter are valid points precluding the enlisting of the scalloped hammerhead shark as threatened under the ESA. “I hope that your office seriously considers these issues,” he said.

The governor’s letter was dated May 30 but publicly released - last week - through the federal portal, www.regulations.com, that accepted comments on the proposed rule. Comment period ended early last month.