"No one is against conservation," was the theme at a meeting of the Committee on Government Operations, Planning and Environmental Protection Tuesday night. But, to a person, every testifier on the legality of the recent national monument designation said it was not legal.
"What's disturbing," said former Sen. Virdin Brown, "is none of it's been done in the light of day," a sentiment expressed by many others who have said there was no public input on the designations. The monuments have made areas offshore of St. John and St. Croix off-limits to fishing and anchoring.
Committee Chairman Donald "Ducks" Cole said "This is not about conservation. We all are for conservation. We believe the lands that were taken did not belong to the federal government. Once the legal issue is settled," the conservation issues can be dealt with.
Cole had called the meeting to "receive information on the ownership rights and the economic impact on the marine industry of the newly designated V.I. Coral Reef National Monument." A hearing was held on St. John Monday night, a third is slated for 6 p.m. Friday on St. Croix.
Citing again and again Public Law 93-435, testifiers said the 47 square miles of Virgin Islands submerged lands, where national monuments were established by executive order as former President Bill Clinton was leaving office in January, were conveyed to the people of the Virgin Islands by an act of Congress in 1974.
The law, passed when Ron de Lugo was the delegate to Congress, conveys "lands … not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines" of the territory to "be administered in trust for the benefit of the people thereof."
There are several exceptions to the law including one which excludes from the conveyance, "all submerged lands adjacent to property owned by the United States above the line of mean high tide." Both monuments are adjacent to other federal lands –- the Buck Island Reef National Monument and the V.I. National Park.
As the meeting went on, some of the testifiers and senators suggested this "seizure" of Virgin Islands submerged land was only the beginning.
Freshman Sen. Emmett Hansen II said, "This designation is nothing but modern-day imperialism."
Brown said, "We're only seeing the tip of the iceberg. They've marked out other lands" around Water and Hassel Islands and off Frederiksted, he said, that "they've identified as theirs."
Darlin Brin, former commissioner of Conservation and Cultural Affairs, said the issue was "spelled out in the treaty" of 1917, which transferred the Virgin Islands from Denmark to the United States. "Any rights that were recognized at that time could not be impaired," including ownership of submerged lands, according to Brin.
Brin encouraged senators to "go to court" to resolve the issue. "I would not work out any plan with the Department of the Interior. I don't trust them."
Monica Lester, manager of Tropical Trappin, a commercial fishing operation, said she was told by Interior that public meetings held in September were to explain the meaning of the submerged land act and that no decisions had been made regarding preserves or national monuments.
It may be moot anyway, Lester pointed out. "You can make all the closures you want, but if you don't enforce it, it won't do any good."
Lester said she had reported to authorities, on several occasions, boats anchored in the Hind Bank area, which was closed to fishing 10 years ago, but nothing was done to stop them.
Early last week John King, superintendent of the V.I. National Park, which is mandated to develop and implement the management plan for the monuments, said if he was expected to enforce the proclamation he would need substantial additional funding.
Lester, who said she couldn't address the legality of the designation, asked that fishermen be involved in development of the management plan.
Brown implored senators to look toward the political process rather than the courts to resolve the ownership issue because it would be quicker. "It should be pursued both in the House and in the Senate. We need to unify this government. We own these lands, not Interior." In fact, Brown, who currently serves as chairman of the Caribbean Fishery Management Council, blamed Interior for some of the damage to the reef and fish populations. "Interior was a negligent landlord," he said.
He said illegal dredging and development without permits was done in the 1960s "under the nose of Interior."
Brown said, "I am not opposed to enhancing and protecting our resource. But I am against the federal government or anyone taking land that belongs to the Virgin Islands."
Lester questioned if the National Monuments were a trade-off with the federal government in exchange for debt forgiveness.
"Where will you stand," she asked of Cole, "when the teachers and the firemen and the policemen say 'we need that money?'"
The reduced livelihood of a handful of fisherman, Lester said, "will be small concern if you've gotten a heavy load lifted off."
Sandra Romano, assistant professor of marine biology at the University of the Virgin Islands, and the lone voice in support of the designation, said, "The fish are disappearing. If we don't have a healthy marine environment the Virgin Islands will suffer."
Committee members present included Sens. Carlton Dowe, Adlah "Foncie"
Donastorg, Jr., Roosevelt David, David Jones and Celestino White Sr. Sen. Adelbert Bryan was absent. Non-committee member Emmett Hansen II was also in attendance.
