Pago Pago, AMERICAN SAMOA — The legal battle over the reduction of the Large Vessel Prohibited Area (LVPA) in territorial waters, between the Territory of American Samoa — through the ASG — and the US National Marine Fisheries Service (NMFS) has been released from the 9th Circuit Court of Appeal’s mediation program. Both sides have been rescheduled to file briefs later this year.

NMFS had appealed last year a decision by the federal court in Honolulu, in which the judge sided with plaintiff ASG, citing the Deeds of Cession and invalidated the federal agency’s final rule in 2016 that reduced the LVPA, which was put in place more than 10 years ago to protect the local 'alia fleet.

Both sides have been in mediation, which is a “confidential” process, for several months to reach a resolution. However, the appellate records show that an order was issued Sept. 10th releasing the case from the mediation program.

Many — both local and off island — who have shown a lot of interest in this legal battle were looking at the mediation to resolve the case.

Mediation was discussed briefly during the March 2018 meeting of the Western Pacific Regional Fishery Management Council in Honolulu. US National Oceanic and Atmospheric Administration General Counsel Office section chief, Fred Tucher said he was participating in the mediation, which is a “confidential” process.

“I shouldn’t assume that mediation will be successful,” he pointed out. “It’s simply an alternate route for the parties to achieve a quick resolution because appeals take so long.”

According to federal appeals court records, NMFS shall file an opening brief by Nov. 16th with ASG providing a response by Dec. 17th. NMFS has the option to file a reply to ASG’s briefing.

During its June meeting in Maui this year, the Council recommended a regulatory amendment to provide a four-year exemption for vessels permitted under the American Samoa longline limited entry program to fish within the LVPA seaward of 12 nautical miles (nm) around Tutuila, Manu‘a and Swains Islands and 2 nm around offshore banks identified by local fishermen and members of the public in American Samoa during a public meeting in Pago Pago.  (See Samoa News June 15th edition for details).