The National Marine Fisheries Service and other federal entities that the territory of American Samoa has sued over fishing grounds for longliners are expected to file a motion for summary judgment in the case later this month.
The federal lawsuit, filed by ASG in early March, seeks to invalidate a decision by NMFS that has allowed federally permitted US longline vessels in American Samoa to fish for pelagic species in certain parts that were initially reserved for alia vessels.
But federal agencies, which are defendants in the case, are of the opinion that American Samoa has no case since no facts are disputed and therefore the lawsuit should be dismissed through summary judgment.
Federal electronic court records say the defendants are expected to file their motions for summary judgment by June 27.
They are also scheduled to file cross motions by August 26.
The Territory of American Samoa is expected to file its opposition by October 10 and the defendants’ answer to the opposition by November.
A hearing on these motions has been set in early December before Judge Leslie Kobayashi.
The lawsuit, filed with the blessings of ASG, contends that the move by federal agencies to amend the American Samoa Large Vessel Prohibited Area or LVPA not only harm alia fishing and traditional fishermen but also goes against the Deeds of Cession.
But federal agencies argue that the lawsuit fails to state a claim upon which relief may be granted and that the Territory of American Samoa is not entitled to any relief what so ever.
Additionally, they contend that the federal court lacks jurisdiction over some of the plaintiff’s claims.
Federal agencies being sued are the NMFS, National Marine Fisheries Service, U.S. Department of Commerce and NOAA, Commerce Secretary Penny Pritzker; Western Regional Pacific Fishery Management Council executive director Kitty Simonds; NMFS assistant administrator Eileen Sobeck; and Michael Tosatto, regional administrator of the NOAA Fisheries Service Pacific Islands Regional Office.
The Territory of American Samoa is represented by former local assistant attorney general Michael Iosua while the defendants are being represented by Mele Coleman of the US Department of Justice’s Environment & Natural Resources Division.
