American Samoa takes legal action to overturn fishing rule

Transcript

American Samoa has filed a case asking the United States federal court to overturn a ruling allowing large scale commercial fishing closer to its coast.

Last month, the US National Marine Fisheries Service reduced what is known as the Large Vessel Protected Area around the territory from 80 kilometres to 18 kilometres.

Our correspondent in Pago Pago, Monica Miller, says that area had previously been reserved for local alia fishing vessels.

She told Jamie Tahana the government wants that overturned, saying the ruling contravenes the Deeds of Cession that incorporates American Samoa into the United States.

MONICA MILLER: It was last month that the National Marine Fisheries Service after a year of review period and comment period decided to amend what is called the Large Vessel Prohibited Area. Previously, longliners of 50ft and longer were only allowed to fish 50 miles out from shore around the territory of American Samoa, but under the rule change, longliners were allowed to fish within 12 miles. Now the rule change was made amidst strong protest and strong objections from the leaders of American Samoa, mainly the governor as well as traditional leaders. You had descendants on the signatories of the treaties of cession for the islands of Tutuila and Manu'a, and in that treaty it says that the United States promises to protect land and water resources of American Samoa for the indigenous people of the territory and, basically, that is the basis for the request.

JAMIE TAHANA: And, I guess, why did the National Fisheries Service change the rules. What was their argument for doing so?

MM: Well, there was a big push by fishing boat owners -- longliners from American Samoa -- and there's a small fleet, I would say, maybe about a dozen longliners that are locally owned. It was a time about two or three years ago they were saying that it was hard for them to survive because the cost of fuel was high, they had to go out a further distance to fish and there was no fish. At the same time, the cost of fish was so low that, you know, any of the catches that they made was very poor and they were finding it very hard to survive, and they were able to argue that very few small boats, or alia, were even going out to this area that was reserved for them. Most of them were fishing just three to nine miles out.

JT: But the American Samoan government in Pago Pago and the traditional owners don't agree. They see this as a breach of their traditional sovereignty which, I guess, was enshrined when the treaty was signed.