By Puipui Measina a Amerika Samoa
Recently, the Fono, Amerika Samoa House of Representatives and Senate, reaffirmed their commitment to safeguarding Rose Atoll Marine National Monument by passing a joint resolution. This resolution maintains the status quo which prohibits commercial fishing within 50-miles of the atoll, allowing only small Alia vessels access between 12 and 50 miles. The Fono, standing firmly on behalf of their constituents across all of American Samoa, has expressed strong opposition to any attempts to open Rose Atoll to commercial fishing. The Western Pacific Regional Fisheries Council (WestPac) and DMWR Director Ilaoa are strongly urged to give full consideration to, and uphold, the will of the people of Amerika Samoa.
The following is an excerpt from the joint resolution:
Whereas Rose Atoll—Nu’u o Manu, Muliava, One’one Sa o le Tuimanu’a—stands as a cherished natural and cultural treasure for the people of American Samoa, and whereas its lands and waters have been protected for generations through both traditional Samoan tapu and modern legal frameworks, this concurrent resolution is offered to reaffirm the enduring commitment of the Territory of American Samoa to safeguard Rose Atoll. Recognizing the profound historical, cultural, and spiritual connections that bind the Samoan people to these sacred waters, and upholding the mandates of the Deeds of Cession, federal court decisions, and the collective voice of the community, the American Samoa Legislature asserts the necessity of maintaining current protections. This preamble honors the unity and determination of the Fono, local leaders, and the people of Tutuila and Manu’a in ensuring that Rose Atoll remains preserved for future generations, in accordance with Samoan tradition, law, and the will of the community.
Introduction
This resolution seeks to reaffirm and preserve the protections currently afforded to the Rose Atoll Marine National Monument, specifically the prohibition of commercial fishing within 50 nautical miles of Rose Atoll. It is grounded in the deep historical, cultural, and legal traditions of the Samoan people, and reflects the collective will of the American Samoa Legislature, local leaders, and community members.
Historical and Cultural Context
WHEREAS, for generations, the Samoan people have held their lands and waters sacred, including Rose Atoll. Known in Samoan as Nu’u o Manu, Muliava, One’one Sa o le Tuimanu’a, Rose Atoll is deeply intertwined with Samoan history and tradition. Stories passed down through families describe Rose Atoll as an entryway into the world from which the Samoan people and many others of the Pacific emerged.
WHEREAS, in accordance with this reverence, generations of Tuimanu’a placed special protections—traditional Samoan tapu—on fishing and gathering in Rose Atoll’s lands and waters. These customs included strict prohibitions against overfishing and fishing for personal gain, ensuring the sustainability of marine resources not only around Rose Atoll but throughout Samoa, including Tutuila, Manu’a, Aunu’u, and Swains Island.
WHEREAS, these traditional regulations have sustained the Samoan people for centuries, providing for subsistence and cultural continuity.
Legal Foundations: Treaties, Deeds of Cession, and Federal Court Decisions
WHEREAS, the Deeds of Cession—the treaties by which American Samoa’s islands were ceded to the United States—were negotiated with the explicit intent to preserve Samoan customs and traditional land and water management. The Deeds of Cession require that governance of American Samoa’s lands and waters, including Rose Atoll, must respect and protect local customs and property rights. The language guarantees that Samoan people retain individual control over their lands and property, and that their customs are recognized and upheld.
WHEREAS, in a 2017 federal court decision, it was affirmed that the Deeds of Cession incorporate traditional Samoan management practices into the legal framework governing American Samoa. This ruling clarified that any actions affecting land and water management must be consistent with Samoan customs, further strengthening the
requirement that federal and local governance honor traditional practices.
WHEREAS, the American Samoa Government has, over the years, entered into cooperative agreements with the United States to designate Rose Atoll as a National Wildlife Refuge (1973) and, later, as a Marine National Monument (2009), always in accordance with traditional uses and management practices.
Building on Tradition: Transition to Legal Arguments
Building on this longstanding tradition and legal foundation, the management scheme for the Rose Atoll Marine National Monument permits local fishermen to fish within and near the monument for subsistence and cultural purposes, while maintaining a prohibition on commercial fishing out to 50 nautical miles. This approach aligns with Samoan beliefs regarding protected tapu areas, striking a balance between conservation and traditional use.
Contemporary Issues and Community Engagement
WHEREAS, despite these deep historical, cultural, and legal connections, recent actions by NOAA Fisheries and the Western Pacific Regional Fishery Management Council (WestPac) have raised concerns. Community meetings held in 2025 and 2026 have seen overwhelming support from local fishers, matai, and environmental leaders for maintaining current protections. Testimonies from these meetings highlight the importance of Rose Atoll as a source of cultural identity, environmental stewardship, and sustainable subsistence.
WHEREAS, local fishers have spoken out, saying: “Rose Atoll is not just a fishing ground—it is the heart of our heritage. Opening it to commercial fishing would destroy our traditions and harm future generations.” Community leaders have echoed this sentiment, emphasizing the need for federal agencies to respect the will of the people and the mandates of the Fono.
WHEREAS, the American Samoa Legislature has passed this resolution unanimously, reflecting the unified voice of the territory’s leadership and citizens against any weakening of monument protections.
Recommendations: Requests to NOAA Fisheries and WestPac
Considering these historical and legal precedents, and the strong community support for existing protections, the American Samoa Legislature formally requests that NOAA Fisheries and WestPac take no action to alter the current management scheme of the Rose Atoll Marine National Monument. Specifically, the resolution urges:
• Retention of all protections within the Rose Atoll Marine National Monument, including the prohibition of commercial fishing within 50 nautical miles of Rose Atoll.
• Recognition of the Deeds of Cession’s requirement that governance of lands and waters be consistent with Samoan tradition and custom.
• Consideration of the 2017 federal court decision confirming the legal necessity to honor traditional Samoan management practices.
• Inclusion of community voices and testimonies from recent meetings as evidence of overwhelming support for current protections.
• Transmittal of this resolution to relevant officials, including NOAA Fisheries, WestPac, the Secretary of Commerce, and American Samoa’s congressional representatives.
Conclusion: Formal Resolution Clauses
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the Territory of American Samoa, with the Senate concurring, that:
• The American Samoa Legislature, in line with over a millennium of Samoan tradition and the guarantees of cultural protection preserved in the Deeds of Cession,
requests that NOAA Fisheries retain all current protections and restrictions in the Rose Atoll Marine National Monument.
• WestPac is formally requested to note the objection of the American Samoa Legislature to any recommendation that would weaken these protections, and to recommend to NOAA Fisheries that no action be taken to alter the monument’s management scheme.
• This resolution shall be transmitted to the Honorable Governor of American Samoa, congressional representative, the Secretary of the Interior, the Secretary of
Commerce, and leaders and members of WestPac and NOAA Fisheries.
By reaffirming the protection of Rose Atoll, this resolution honors the voice of the Samoan people, their cultural heritage, and their legal rights, ensuring that the monument remains a sanctuary for generations to come.
