WPFMC proposes a new LVPA rule

wpfmc-after-ava

The Western Pacific Regional Fishery Management Council yesterday took initial action on a new proposed amendment to the American Samoa Large Vessel Prohibited Area (LVPA).

The new proposal addresses a 2017 decision by the Federal District Court for the District of Hawai‘i regarding an LVPA amendment recommended by the Council in 2015 and published as a final rule in 2016 by the National Marine Fisheries Service (NMFS).

The court held that the 2016 final rule failed to consider the American Samoa Instruments of Cession as “other applicable law” and that cultural fishing rights are protected by inference in the Instruments.

The LVPA  extends from 0 to 50 nautical miles (nm) from shore within the American Samoa archipelago and prohibits all commercial fishing vessels 50 feet in length or larger from catching pelagic fish within it.

The LVPA was created in 2002 by the Council to support a fleet of approximately 40 alia longline vessels.

By 2015, that fleet had declined to a single active vessel.

The local fleet of mono-hulled longline vessels over 50 feet in length faced a variety of challenges.

Among them were declining catches attributed to increased competition by subsidized foreign fisheries targeting albacore and reductions in net revenue.

The preliminary preferred alternative for the new amendment would allow vessels 50 feet in length or larger permitted under the American Samoa longline limited entry program to operate outside 12 nautical miles (nm) around Swains, Tutuila and Manu‘a Islands.

It would prohibit them from operating within 2-nm of offshore banks.

During a public hearing on the LVPA issue held Oct. 17, 2017, at the Rex Lee Auditorium, the banks were identified as important to troll and bottomfish fishermen.

Council Member Henry Sesepasara, Director of the American Samoa Department of Marine and Wildlife Resources, cast the sole vote against the action today.

Council Member Taotasi Archie Soliai, manager of human resources and government affairs for StarKist Samoa, said continuous supply of albacore is important to the facility.

He said,  “This year and last year we had to shut down several weeks because of fish supply.

“It is very important that uninterrupted supply be sustained. Any interruption that affects supply results in plant closures, which in turn hurts our employees.”

Soliai thanked the Council for considering the amendment to help the boats that supply fish to StarKist.

Council Member Christinna Lutu-Sanchez, an owner of local longline vessels, said the outcome of the action is not a guaranteed solution to the economic situation, but the Council has to try to continue to help the fishermen and reduce the US seafood trade deficit.

The Council will consider a range of options and may take final action on the new LVPA amendment at its March 2018 meeting in Honolulu.