In late 2008 when the federal and CNMI governments were finalizing plans for the Monument, it was my understanding that the federal government promised to support the conveyance of 0-3 nm of submerged lands surrounding every island in the Northern Marianas to the CNMI.
Just when that promise is on the verge of being fulfilled, OIA and the Friends wish to change the rules and break the promise. However, the submerged lands issue is not limited just to reneging on a promise, there are serious indirect effects associated with this action.
An unintended consequence of adopting the OIA/Friends recommendation and more to the point of this letter is that it will destroy any chance that the CNMI will have to develop a meaningful co-management relationship with the federal government for the Monument.
To date, the CNMI has not been involved in any meaningful co-management opportunities related to the Monument, despite the fact that the U. S. Fish and Wildlife Service was delegated sole management authority for two of the three Monument Units; the Trench Unit and the Volcanic Unit. This unilateral delegation of management authority was outlined in Order 3284 and signed by the secretary of the Interior during January 2009. These two former Monument Units were placed within the National Wildlife Refuge System and are officially known as the Mariana Trench National Wildlife Refuge and the Mariana Arc of Fire National Wildlife Refuge.
Management and/or co-management of national wildlife refuges have certain restrictions. Based on my layman’s interpretation of a legal memorandum finalized in 2000 for the DOI solicitor, and the NMFS and CEQ general counsels, an equal co-management relationship between the federal government and a cooperating state (i.e., the CNMI) is not legally feasible in national monuments designated via the Antiquities Act. Supporting text from this memorandum follows:
“The authority to manage national monuments can, under certain circumstances, be shared between the Department of the Interior and other agencies, but the Fish and Wildlife Service must maintain sole management authority over any national wildlife refuge area within a monument.”
This begs the question whether the CNMI has any meaningful role in the co-management of these two new national wildlife refuges? The answer is no.
The Monument Islands Unit is the only remaining opportunity where the CNMI could enter into a true co-management relationship with the federal government (i.e., USFWS). Unfortunately, this never-to-be-repeated chance is being threatened by the OIA/Friends recommendation.
If the CNMI is to negotiate a meaningful co-management agreement for the monument, then the U.S. Congress needs to pass the Submerged Lands Act as presented by CNMI Congressman Gregorio Sablan — without conditions. Only then can the CNMI under its own initiative, enter into a real co-management agreement — as an equal partner — with the primary management authority (i.e., USFWS). The CNMI would have the ability to offer Uracus, Maug, and Asuncion Islands and their near shore submerged lands as an addition to the existing Monument. Under these circumstances a meaningful co-management relationship would be established and the CNMI and USFWS would become equal, more or less, managers of an expanded eco-system based Monument.
Under the scenario of the OIA/Friends recommendation, the CNMI would have to negotiate a co-management agreement with the USFWS prior to conveyance of certain submerged lands to the CNMI. This puts the CNMI in a very unequal and unfair position as there will be no impetus for the USFWS to agree to anything the CNMI suggests, thus requiring the CNMI to kowtow to the conservation demands of the USFWS in order to have submerged lands conveyed. This coerced relationship is a lose-lose situation: the CNMI will completely lose any opportunity to enter into a meaningful co-management agreement; and the federal government loses the chance to embrace and work alongside a willing partner in making the Monument the best in the Pacific.
The CNMI has one last chance to experience true co-management authority in the Monument. However, the U.S. Congress needs to do the right thing and convey complete and unconditional ownership of the submerged lands surrounding all islands in the CNMI; including the three islands within the Monument. By choosing this option, the U.S. Congress would be taking the high road and also fulfilling an earlier promise made by the federal government to the CNMI people.
JOHN GOURLEY
Marianas Conservation
Navy Hill, Saipan
