Update from the Wespac Meeting

Friend of the Monument's Wes Bodgan traveled to American Samoa to testify at the Wespac meeting there this week. Posted below is his report to the group.

Among all the others items on the agenda, and there were many, today was the hearing date on the new Monuments and what is going to happen as seen by WESTPAC's Counsel Members.

With respect to the Marianas Trench Monument, US Fish and Wildlife will take the lead with drafting the Monument Management Plan (NEPA scoping to start this June)(will be the most important document), but NOAA and WESTPAC will be involved as they are charged with the fishery management part of the situation (recreational sustenance cultural fishing regulations and definitions). Small political exchanges/maneuvering between the various Counsel members representing different interests. Will need to watch exactly how this goes.

WESTPAC staff were instructed to draft "draft" regulations and a letter to our new President asking that the proclamations creating the new Monuments be changed to allow co-management in all three for Amer Samoa, CNMI and Guam.

My presentation basically stressed the Friends of the Monument history and desires, I also mentioned the bad political situation going forward for the supporters of the Monument in the CNMI as two WESTPAC Counsel members were/are openly against the creation of the Monument (as well as the fact that are local government only supported the Monument when it appeared that it was going to be created no matter what they did). So, I suggested there could be a conflict with these members...maybe they shouldn't vote on the Trench stuff. Threw in a little criticism of WSTPAC in general and the place went silent for a few moments. But nothing seems to really phase this body.

So, tried to turn back to the positive and suggested Fish and Wildlife seek input from NGO's in Saipan to gain a real appreciation of what the citizens and residents of the CNMI really want to have happen now that the Monument has been created. Still it became very clear during a later question and answer and comment period that our two representatives on the counsel are pushing the old agenda items like: having who ever the governor name as advisory counsel members being recognized as government officials; recreational/sustenance and traditional fishing definitions to mean whatever they want it to mean; and if, and as soon as, the CNMI Govt gets its 3 Mile Coastal Zone - it be opened for fishing or whatever else they want. Not good, but nothing new.

Long day, but the overall positions of the Friends of the Monument were made known and a few people were appreciative of our bringing forward and public our position on the Monument.


See you soon,

Wes

Sorry I'll miss this Friday's get-together.

Law of the Sea

Local attorney, Wes Bogdan, had a letter to the Editor published today:

Law of the sea

Seems like a lot of confusion out there as to some of the legal details and formalities concerning the proposed marine national monument. Unfortunately, keeping the public misinformed is the way many of the opponents to this idea probably want things to stay because controlling people through fear and ignorance is a powerful way to keep the public silent. In any respect, as to submerged land (and all the stuff found in the water) surrounding the Northern Mariana Islands, legally speaking, the U.S. Court of Appeals' decision in CNMI v. USA, 399 F.3d 1057 (2005) makes absolutely clear that the United States already owns all the rights to the submerged lands and other things of value found from the low-water mark on all of our islands out to the 200-mile-limit of the U.S. Exclusive Economic Zone. All the natural resources such as oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life surrounding these islands are already under federal control and ownership.

As categorically explained in CNMI v. USA, the U.S. acquired upon the termination of the Pacific Islands Trusteeship a paramount interest in the seaward submerged lands found off the shores of the CNMI. “Laws passed by the CNMI Legislature to the contrary are inconsistent with the paramountcy doctrine and are preempted by federal law.” To be absolutely clear, the CNMI's Submerged Lands Act and Marine Sovereignty Act have been preempted and are unenforceable. The CNMI Coastal Resources Management's arguments that: (i) we don't no need the feds because everything is already fine and dandy in the waters around the Northern Islands due to the great job CRM is doing; and (ii) that establishing a national monument will take away the rights of the local people how to regulate the local marine environment are absurd or otherwise nonsense.

First, CRM taking credit for the pristine conditions found in the waters around the Northern Islands is like CRM taking credit for the Sun being an efficient source of solar energy. (In all due respect: One has absolutely nothing to do with the other.) Second, the right of the local people to regulate the local marine environment was transferred or passed to the United States the day the people of the Northern Mariana Islands became United States citizens on Nov. 3, 1986. If a marine national park/monument is created, it won't be taking any rights away from the people of the CNMI, but would guarantee that the pristine conditions found in the waters around the Northern Islands will at least have a chance to survive. As for the actual islands of Maug, Uracas and Asuncion, they are already protected and can only “be maintained as uninhabited places used only for the preservation and protection of natural resources, including but not limited to bird, wildlife and plant species.” See CNMI Constitution Article XIV Section 2.

W.M. Bogdan, Esq.
via e-mail