SEAFOOD.COM NEWS by John Sackton - June 25, 2008 - Lost in most of the articles about tuna conservation recently has been the fact that industry is behind the push for conservation measures in the Pacific.

At the Inter-American Tropical Tuna Commission (IATTC) meeting this week, NFI and other industry groups called on the IATTC to follow the advice of its own scientists and support time-limited closures for yellowfin and big-eye tuna in parts of the Pacific.

The groups also called for more research into reducing by-catch from fish aggregating devices.

Based on reports from people at the meeting, it appears that the skipjack tuna stock is healthy in the Pacific. However, the big-eye and yellowfin stocks are showing signs of strain, in that catches have been diminishing over the past few years, and the average size of fish caught is declining as well.

In the absence of stock abundance surveys, these signs have been used by fisheries scientists in the past to signal problems in recruitment to a fish stock.

The scientific recommendations before IATTC are for closures for 90 days at a time in specific zones to help protect the stocks.

According to NFI ‘The coalition is calling upon the Commission to follow the advice of its scientific staff to adopt time and area closures to protect tuna [yellowfin and bigeye], and implement a research program to investigate how to manage fish aggregating devices (FADs) to reduce the capture of non-target species.’

At issue is the fact that IATTC is a government to government organization, and member countries attending the meeting in Panama included Colombia, Ecuador, the United States, Mexico, Panama, Peru, Venezuela and Japan. Not all these governments have the same level of commitment to following scientific advice or to fisheries conservation, instead at time maneuvering to protect their industries at the expense of the overall stocks.

The EU, as an example, although not a member of IATTC, has a long record of ignoring scientific advice in fisheries.

It would be more honest for the environmental groups to point out the governments that are recalcitrant in this area, rather than make a blanket charge that all groups are opposing tuna conservation.

SEAFOOD.COM NEWS [Letters] June 24, 2008 -

Dear John:

I think it would be a good idea if you did not print these stories about the Pacific Island Nations closing the high seas areas to fishing to protect tuna resources, unless you also print a comment on their inaccuracy. (Pacific nations ban tuna boats to stop stock collapse June 20th)

This is just another Greenpeace scam and the L.A. Times should not have swallowed it whole either. This stuff makes about as much sense (NONE) as the Greenpeace Red List.

The idea that you can protect tuna resources, i.e. highly migratory species, by closing pockets of the high seas is a red herring, as any scientist familiar with tuna will testify to.

There is an agreement between 8 Pacific Island States called the Nauru Agreement which has been in force for several years. The countries which are parties to this agreement are referred to as the PNA countries.

The Nauru Agreement sets up certain requirements which these countries have agreed to abide by when licensing foreign vessels to fish for tuna in their EEZs.

In the past it has usually referred to things such as unloading in a country’s port(s), using crewmen from the country, etc.

It was recently amended by an agreement (which I have a copy of) which is prospective only in application. The gist of the amendment to the agreement is that for any new licenses issued by these countries there will be a requirement that the country receiving the license agree not to fish in three high seas ‘pockets’ in the Western and Central Pacific.

This means it applies to ‘all subsequent’ access agreements with foreign fishing vessels and to the period for which a license issued by a PNA Party is valid. Of course, the PNA’s intent is that a vessel is free to continue to fish on the high seas but, if it does, it forfeits the prospect of being considered for licensing in zone by the PNA members.

Under international law, as reflected by the 1982 U.N. Law of the Sea Convention, the only way these areas of high seas can be closed is if
a country or countries agree not to fish there. For example if PNG does not sell a license to Korea, Korean vessels have every right to fish there. If it sells a license to Korea, and Korea fails to agree not to fish in these high seas areas, it can still fish there. If Korea wants to buy a license to fish in PNG’s EEZ, it will apparently have to agree not to fish in these 3 high seas pockets.

Most of the press releases from that part of the world about the amended agreement are being issued by Greenpeace, and they are very misleading. This started when Greenpeace began an internet contest a while back to have people suggest names for these high seas areas for when they eventually became Marine Protected Areas.

They never will in the foreseeable future because too many countries will not give up their international rights to fish there, including the U.S. The amended agreement does not even apply to the South Pacific Tuna Treaty for U.S. tuna purse seine vessels. One can check with the U.S. Department of State
to confirm this.

Greenpeace has also been illegally harassing tuna purse seine vessels on the high seas in the Western and Central Pacific which have been duly licensed under the South Pacific Tuna Treaty with the U.S. or by individual Pacific Island States in the area. All of that fishing is in accord with the RFMO in the area, which is the Western and Central Pacific Fisheries Commission.

Please stop printing without comment such stories — it does the tuna fishermen a great injustice. Also, just to clarify, this has nothing to do with what Greenpeace vessels are doing in the Mediterranean.

Thanks,
Pete

PETER H. FLOURNOY
SAN DIEGO, CA

• Recent Developments in Ocean Law (power point)
• Magnuson-Stevens Reauthorization Act (power point)

Dear Pacific Islands List Serve Subscribers:

This is the Pacific Islands E-Newsletter. In this e-mail you will find information about recent laws, cases and decisions from or relating to the region as well as other law-related news. Please send an e-mail to Sandra Gebhardt with any information you would like mentioned in the next E-Newsletter.

Recent Laws, Cases and Decisions:

GUAM: GUAM LAWYERS INDICTED IN ABRAMOFF CONNECTION

March 29, 2007

(Pacific Daily News) – Former court Administrative Director Tony Sanchez and attorney Howard Hills are expected to appear in local Guam court this morning after a Superior Court grand jury late Tuesday handed down a superseding indictment against them in connection with the court’s payments to disgraced lobbyist Jack Abramoff.

Tuesday’s indictment replaces earlier charges that were filed against Sanchez and Hills. Both have pleaded not guilty to the earlier charges. Sanchez and Hills are set to appear for an arraignment hearing this morning before Judge Michael Bordallo, according to the attorney general’s office.

Among the new allegations in the case:

Sanchez allegedly asked Hills to ask Abramoff in 2002 to work on a political endorsement for then-gubernatorial candidate Felix Camacho from President Bush, Vice President Cheney or first lady Laura Bush.

Abramoff also billed the local court for work on “open skies,” federal grants for Guam and congressional franking issues, according to the 12-page superceding indictment.

Source: www.guampdn.com

Hawaii: House approves Native Hawaiian housing bill

March 28, 2007

(Hawaii) – Hawai’i lawmakers, stressing that housing help for Native Hawaiians was not a constitutional issue, succeeded today in a second attempt to win House approval of legislation extending a program promoting home ownership.

The 272-150 vote on the bill came a week after the House rejected the same measure under a procedure where amendments are not allowed but a two-thirds majority was needed for passage. The vote last week was 262-162. It now goes to the Senate for consideration.

Republicans, in opposing the measure, cited a 2000 Supreme Court decision in arguing that special legal privileges for Native Hawaiians were tantamount to racial set-asides and were unconstitutional. That decision, Rice v. Cayetano, declared that Native Hawaiians were not entitled to different voting rights from other Hawaiians in electing members of a state agency, the Office of Hawaiian Affairs.

The bill reauthorizes a 2000 law that guaranteed loans and gave block grants to build infrastructure on land reserved for Native Hawaiian homesteads.

A new provision allows the state Department of Hawaiian Home Lands to borrow money for large construction projects.

The 2000 law expired two years ago, but program funding has been sustained through an annual appropriation, state Department of Hawaiian Home Lands Chairman Micah Kane said. Between one-fifth and half of families in Hawaiian housing projects typically qualify for the aid based on their income levels.

The bill is H.R. 835.

Source: http://thomas.loc.gov/

Other News:

American Somoa: EPA releases 2005 nationwide Toxics Release Inventory numbers

March 22, 2007

(Honolulu) – A facility in American Samoa reported a total of 5 pounds of toxic chemicals released into the air, land and water in the year 2005, according to new data released today by the U.S. Environmental Protection Agency. The data comes from the Toxics Release Inventory, an annual measure of toxic chemical releases, transfers and waste generated by facilities in the United States. Total releases include toxic chemicals discharged to air, water, underground injection, land (including landfills), and the amount transferred off-site for disposal. Data provided does not mean that facilities with elevated levels are out of compliance with state, local or federal environmental regulations. There was a reported decrease in all reporting areas at one facility, Chicken of the Sea did not report in 2005. This resulted in a100 percent decrease in total releases in all reporting categories. The lone facility, Star-Kist Samoa reported a total of 5 pounds in air releases. Overall American Samoa ranks last in total releases from states and territories. TRI is an important tool for regulators, emergency responders, businesses and communities because it helps them better understand and be aware of the types and amounts of chemicals being released in their neighborhoods, said Wayne Nastri, the EPA administrator for the Pacific Southwest region. We are pleased to report American Samoa has the least amount of releases of any state or territory in the nation. Nationally, the amount of toxic chemicals released into the environment increased by 3 percent from 2004. The reporting of data to the Toxics Release Inventory is required under the federal Emergency Planning and Community Right-to-Know Act, passed in 1986. This program has been credited with arming communities with valuable knowledge and encouraging facilities to reduce their releases of toxic chemicals into the environment through source reduction, or pollution prevention measures.

The following Web sites also provide useful information on TRI: http://www.epa.gov/enviro/ and http://www.epa.gov/tri/tridata/tri05/index.htm.

FIJI: AFTER FUNDS SUSPENED FIJI TO ADDRESS ADB’S CONCERNS

March 28, 2007

(Fiji live) – Fiji’s Interim Government says it is re-assessing the total Asian Development Bank (ADB) funded programmes in light of its new fiscal directions.

In a statement, it said all loans and funding requirements are being reviewed in light of the priorities of the Government.

The statement was issued after the ADB said all its approved programmes were currently on hold pending an assurance from the Interim Government that it uptakes its international obligations and provides an environment for the programmes to be successful.

The Information Ministry issued statement said with any change in Government, there are logistic requirements such as change in signatories, re-endorsements of conditions and re-affirmation of the ability to service the loans etc. These matters are being attended to.

“As such it is mischievous to link the temporary delay in fulfilling the requirements to the issue of restoration of parliamentary democracy. Government agrees that stability, democracy and economic growth are pre-requisites for any borrowings,” the statement said.

The Interim Administration has outlined a Road Map to parliamentary democracy. The Fiji Government said it also had a good working relationship with the ADB.

Source: http://www.fijilive.com

AUSTRAILIA: TRANSPARENCY INTERNATIONAL HOLDS REGIONAL MEETING

March 28, 2007

(Radio Australia) – The six Transparency International chapters from the Pacific region are holding a three-day meeting in Solomon Islands to discuss corruption issues.

Delegates are meeting in Honiara and are looking at ways to better assist each other in the fight against corruption in their respective countries.

About 30 delegates are participating including 16 from Solomon Islands and representatives from Transparency Australia, New Zealand, Papua New Guinea, Fiji and Vanuatu.

Executive Officer of Transparency Solomon Islands, Joses Tuhanuku, has told Pacific Beat, they can’t force change but they can apply pressure and raise awareness.

“We do not have any legal power to cause things to happen… because there’s no way we can force any government,” he said.

“We’re hoping that we’re going to be able to educate people to understand the problems and put the pressure on the government and the government will respond positively to those things.”

Transparency International is a global organization with more than 90 chapters working together to fight corruption by involving all sectors of communities in an effort to promote transparency.

Source: www.abc.net.au/ra

Best regards,
Pacific Islands List Serve Moderators

Best Regards, Pacific Islands List Serve Moderators

NOAA Fisheries Service has assessed a $254,500 civil penalty and permit sanctions against the owner, manager and three captains of the FV Alaska Juris, a catcher/processor fishing boat operating in Alaskan waters.

NOAA Fisheries Service is charging that from October 2001 through March 2004, Alaska Juris Inc. and the Fishing Company of Alaska, through its agents, committed numerous violations, including: tampering with or destroying observer’s samples and equipment; failing to provide observers a safe work area; failing to notify observers prior to bringing fish aboard to allow sampling of the catch; failing to provide reasonable assistance to observers; and interfering with or biasing sampling procedure employed by observers.

The vessel owner, Alaska Juris Inc., and the vessel manager, the Fishing Company of Alaska, were assessed a $254,500 civil penalty for violations of the Magnuson-Stevens Fishery Conservation and Management Act and the Marine Mammal Protection Act. Three of the vessel’s captains – Christian Thome Jr., Brian Madruga and Leon Duval – have each been assessed a portion of the $254,500 civil penalty.

The Notice of Violation and Assessment was issued Oct. 19 by NOAA’s Office of General Counsel for Enforcement and Litigation. Officials also assessed a 30-day permit sanction against the vessel, to begin March 15. The charges are a result of a multiple-year investigation conducted by special agents in the Alaska division of NOAA Fisheries Service’s Office for Law Enforcement.

“The investigation focused on identifying patterns of significant interference and efforts by vessel captains and crew to hinder or bias the observer’s samples and procedures,” said NOAA Special Agent Michael Killary.

The investigation also documented other types of alleged violations, including inaccurate information on required reports; failure to discard prohibited species; failure to report incidental mortality or injury to marine mammals; and conducting fishing contrary to seasonal closures. The vessel operators, Alaska Juris Inc. and The Fishing Company of Alaska have 30 days to request a hearing in this action.

Dear Pacific Islands List Serve Subscribers:

In this post you will find information about recent laws, cases and decisions from or relating to the Pacific Islands region as well as other law-related news. Please send an e-mail to Sandra Gebhardt with any information you would like mentioned in the next E-Newsletter.

Recent Laws, Cases and Decisions:

SAIPAN: EPA orders CUC Saipan to Prevent Oil Discharges at Power Plants 1 and 2

October 25, 2006

The U.S. Environmental Protection Agency today ordered the Commonwealth Utilities Corporation to clean up spilled oil and prevent discharges of oil at Power Plants 1 and 2 at its Lower Base facility in Saipan.

“It is important that facilities take all the measures needed, including proper disposal of used oil, to prevent contaminating the environment,” said Daniel Meer, manager of EPA Pacific Southwest Regional Emergency Response, Planning and Assessment Branch in San Francisco.” Ocean ecosystems and marine species are easily harmed by oil spills that could be prevented with the proper planning and spill containment.”

CUC must immediately stop all oil discharges and take steps to prevent future spills. The facility will have 30 days to submit a proposal and work plan for EPA approval to clean up the site and ensure there is no threat of oil discharge to the environment from its drum storage area.

The order also requires CUC to develop a used oil management and disposal program aimed at reducing the amount of used oil stored at the facility. CUC will need to submit monthly progress eports to the EPA until work is completed. Failure to comply with the order could result in fines of $32,500 per day of violation.

In August 2005, EPA inspectors cited the facility for failing to test above ground storage tanks and for failure to clean up oil contamination. Inspectors noted the drum storage area as having accumulations of spilled oil. In October 2005, the EPA issued an expedited settlement agreement to the facility requiring the issues be corrected.

By February, CUC had accumulated about 143,000 gallons of used oil in 2,600 55-gallon drums and had nearly 500,000 total gallons of used oil on site. In May, EPA inspectors revisited the site and found drums outside the spill containment areas. Some of the drums were in poor condition and others were broken, spilling their contents onto the ground adjacent to Tanapag Lagoon. Inspectors found oil contaminated soil in areas outside the containment area and other drums that had spilled and were not cleaned up within the containment area.

Oil spills and other contamination from onshore sources can pollute and harm coral and marine life. The EPA requires near shore oil storage facilities to have their spill response plans certified by a professional engineer, and have spill prevention measures in place to prevent oil from being discharged into the ocean.

Source: www.epa.gov

COOK ISLANDS: Adelita Captain Fined $450,000 for Illegal Fishing

October 6, 2006

Harry Burgess, captain of the foreign fishing boat FV Adelita caught illegally fishing in Cook Islands waters, has been fined by the high court a total of $450,000 [NZ]. Burgess had pleaded guilty to three charges under the Marine Resources Act 1989 - for fishing inside the fisheries waters of the Cook Islands (fined $200,000); for failing to stow fishing gear in a manner that makes it not readily available (fined $100,000); and for obstructing an authorized officer in the performance of his duties (fined $150,000).

The case stems from an incident that took place on 22-23 November in 2004. No costs are to be awarded in relation to the capture of the Adelita. The total cost of the prosecution is $166,570.84, the majority stemming from the cost of the prosecuting lawyer Mike Sullivan of New Zealand, the sum of just over $150,000. The amounts issued against Burgess together with the amount of recoverable costs (prosecution) as agreed or determined are to be paid out of the sum of $650,000 presently held by the court, a bond from the owner.

Justice Williams stressed that the court has been governed solely by the Marine Resources Act 1989. However, any future cases will fall to be determined under the Marine Resources Act 2005 which contains significantly different and more stringent provisions compared to those in the 1989 act. For example, the maximum penalties for the main offences have been increased significantly. It is now provided that the maximum fine is $1 million. Additionally forfeiture of the vessel is now mandatory ‘unless the court for special reasons sees fit to order otherwise’. As to payment of costs, an offender is now liable to be ordered to pay ‘any costs incurred in detecting, apprehending, investigating or prosecuting the offence’.

Other News:

FIJI: Fiji Army Head Warns of Bloodshed

November 2, 2006

(Fiji Times) — Fiji’s military head Frank Bainimarama has warned that the refusal of Prime Minister Laisenia Qarase to resign might lead to bloodshed. But he added that the armed forces had no intention of mounting a coup.

Relations between the military and the government remain fraught, after Mr Qarase tried, and failed, to replace Commodore Bainimarama two days ago. In an attempt to break the deadlock, Mr Qarase has offered face-to-face talks with the army chief. But at the same time Mr Qarase is refusing to give in to Mr Bainimarama’s demands, and a police commissioner told AFP news agency that the outspoken military leader could even face arrest when he arrives back in Fiji later this week.

[Sandra, Gebhardt,] Despite the army’s insistence that there will not be a coup, local Fijians are taking no chances. There are reports that people are already stockpiling food in anticipation of violence.

Source: news.bbc.co.uk

PALAU: Lawmakers Hesitate on Nuclear Test Ban Treaty

November 2, 2006

(Marianias Variety) — The Republic of Palau House of Delegates has deferred on Wednesday a House Joint Resolution to accede to the Comprehensive Nuclear Test Ban Treaty, which was introduced by President Remengesau.

The House Committee on Foreign Affairs and State Relations expressed beliefs that recent international events like the controversial nuclear testing by North Korea have raised the likelihood that nuclear weapons could be used within the Pacific and Asian geographical regions.

The committee chaired by Floor Leader William Ngiraikelau recommended the passage of House Joint Resolution No. 7-4-1 saying that the accession to the Treaty will send an international message regarding Palau’s position on nuclear testing.

The committee said that this would also show the country’s further commitment toward banning such catastrophic weapons.

The United Nations General Assembly adopted the Treaty on September 10, 1996 and it was signed and ratified by 176 nations.

Palau has singed the treaty on August 12, 2003 but has yet to ratify it.

Source: www.mvariety.com

GUAM: First Female Chamorro Named Guam Chief Judge

October 30, 2006

(Pacific Daily News) — The first Chamorro woman to serve as a federal judge will be sworn in as the new chief judge of the District Court of Guam this morning.

Supreme Court of Guam Justice Frances Tydingco-Gatewood will be sworn in by Mary Schroeder, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit during an investiture ceremony at 10 a.m. in District Court. Schroeder is the first woman judge to hold that post with the Ninth Circuit.

A reception will follow the ceremony.

Tydingco-Gatewood, 48, was nominated by President Bush to fill the seat vacated by Chief Judge John Unpingco two years ago, after his 10-year term expired. Gov. Felix Camacho recommended her.

“This is a very proud moment for the Tydingco and Gatewood families and for all the people of Guam,” Camacho has said.

Source: www.guampdn.com

REGION: India Gives $1.3 Million to Pacific Countries

October 30, 2006

(Fiji Times) — The Indian Government granted a US$100,000 (FJ$172,470) aid each to Fiji and 12 other Pacific island countries.

India Minister of State for External Affairs, Edappakath Ahmed, who was in Nadi for the Post Forum Dialogue partners meeting said this was part of India’s commitment to the economic and social development in the Pacific Islands.

Ahmed said the grant would include the supply of equipment and materials for social and economic programs and for sustainable development.

The other countries that also benefited from the grant included the Federated States of the Micronesia, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.

Source: www.fijitimes.com

Best Regards, Pacific Islands List Serve Moderators