NOAA Wespac Monument

1. July 29, 2016
David Smith
Deputy Inspector General
U.S. Department of Commerce
Office of Inspector General
1401 Constitution Avenue, NW
Washington, DC 20230
Lois J. Schiffer
The NOAA General Counsel
NOAA Office of the General Counsel
Herbert C. Hoover Building
14th and Constitution Avenue, NW
Washington, DC 20230
Dear Mr. Smith and Ms. Schiffer:
Aloha. On behalf of the Conservation Council for Hawai‘i and concerned individuals, I write to register a
complaint regarding the Western Pacific Regional Fishery Management Council (Wespac) Executive Director,
Kitty Simonds and the assistance she is providing the advocacy and lobbying campaign opposing the proposed
expansion of the Papahānaumokuākea Marine National Monument (PMNM).
Specifically, Ms. Simonds – in her official capacity – is providing leadership and actively advising the
campaign opposing the proposed expansion while Wespac operates with appropriated federal funds.
Furthermore, her lobbying activities appear to violate specific guidance on the use of federal funds. She is also
interfering with government operations at the federal and state levels, undermining and misrepresenting efforts
and science provided by or funded by the National Oceanic and Atmospheric Administration (NOAA), and
showing a blatant disregard for the facts that support sound management of marine resources.
Wespac is one of eight regional fishery management councils established by the Magnuson-Stevens Fishery
Conservation and Management Act of 1976. The act was amended in 1996 to prevent overfishing, minimize
bycatch, and protect fish stocks and habitat. Wespac has jurisdiction over nearly 1.5 million square miles of
the exclusive economic zone of the United States around Hawai‘i and in the Western Pacific. Wespac
recommends measures to manage fisheries, which are approved by the Secretary of Commerce.
Inappropriate Involvement by a Federal Agency
The enclosed email from Ms. Simonds (using her Wespac email address) clearly demonstrates that she is
providing strategic advice and directing the advocacy campaign in her official capacity, as well as using
Wespac resources and federal funding to do so. Many of the activities she proposes in the email transpired this
week, including a letter to President Obama opposing PMNM expansion (enclosed) and a press conference at
the Hawai‘i State Capitol on July 26 (see enclosed news article).
The recipients of this email include organizers of these activities and participants in the press conference or
their advisers/representatives. When Ms. Simonds writes “we’re on several tracks,” she is including herself.
Clearly, she is part of this advocacy team, which took direction from Ms. Simonds.
P.O. Box 2923 Honolulu, HI 96802  808 593-0255  info@conservehi.org

2. 2
It is inappropriate for Wespac and Ms. Simonds in her official capacity to use federal resources to actively
oppose a pending proposal that involves NOAA and other branches of the federal government, including the
executive branch.
Lobbying and Interference with Government Operations
Ms. Simonds must comply with Department of Commerce regulations and restrictions on lobbying.
Generally, the regulations prohibit the use of federal awards for direct lobbying of congress and state
legislatures, grassroots lobbying, and legislative liaison activities in support of unallowable lobbying activities.
These activities include the introduction of federal or state legislation and the enactment or modification of any
pending legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the
general public to contribute to or to participate in any demonstration, march, rally, fundraising drive, lobbying
campaign, or letter writing or telephone campaign.
Federal agencies, such as the National Marine Fisheries Service Pacific Office, which administers and funds
Wespac, are responsible for ensuring that federal funds made available to federal grantees are not used
contrary to lobbying restrictions.
The attached email shows that Ms. Simonds – in her official capacity – is taking the lead on lobbying the
federal and state executive branches. On her checklist of to-do items are sending a letter to President Obama,
arranging a meeting with Hawai‘i Governor David Ige, and holding a press conference with former Hawai‘i
governors and fishers to urge Governor Ige not to support the proposed expansion. Her involvement is
inappropriate, violates state and federal lobbying regulations, and interferes with government operations and
functions.
We have reason to believe that earlier this year, Ms. Simonds was involved in drafting state resolutions during
the 2016 legislative session “urging the President of the United States to deny any request to expand the
Papahanaumokuakea Marine National Monument and oppose any action to expand the monument.” We have
reason to believe she solicited state elected officials and members of the general public to support the
resolutions opposing the proposed expansion.
More recently, Ms. Simonds was present, and perhaps even facilitated a meeting between the President of the
State Senate, fishers, and others. She advocated against the expansion and may have been involved in writing
a letter to President Obama opposing the proposed expansion for state legislators to sign.
The attached email shows that Ms. Simonds, again, in her official capacity, is coordinating an aggressive
lobbying effort involving media and members of the general public. She is one of the leads in obtaining the
names of individuals, organizations, and members of citizen organizations – including the Hawaiian Caucus of
the Democratic Party of Hawai‘i, a Hawaiian homestead organization, and the Association of Hawaiian Civic
Clubs – for the purpose of opposing the proposed expansion.
Ms. Simonds’ email also refers to “Charley” (presumably Charley Ka‘ai‘ai, a Wespac employee or contractor),
who is working on a website for the opposition’s campaign. Lobbying restrictions and ethical rules apply not
only to Ms. Simonds, but to other Wespac employees and contractors.
Furthermore, Ms. Simonds is not registered as a lobbyist with the State of Hawai‘i, yet she is actively involved
in influencing decision-making. If she is lobbying elected officials in her official capacity without having
registered as a lobbyist, it becomes a federal violation because she is using Wespac (federal) resources to
engage in lobbying activities in violation of state law.

3. 3
It is inappropriate for Ms. Simonds and Wespac to play a leading role in advocating and lobbying against a
potential executive action by President Obama, when NOAA and the Secretary of Commerce will be advising
the president on whether or not to use his executive authority to expand the monument. This is inappropriate
and interferes with a government function at the executive and administrative level. Ms. Simonds’ and
Wespac’s active involvement in opposing the proposed expansion is also inappropriate given Wespac’s and
NOAA’s relationship in co-managing Hawai‘i fisheries.
According to a 2006 article in Honolulu Weekly, “Simonds’s salary includes, apparently, annual ‘profit-
sharing’ bonuses, even though Wespac–a non-profit entity funded entirely by the taxpayer–generates zero
profits from its operations.” This direct financial interest is in conflict with the supposed fair and impartial
conduct of her official duties.
Misinformation
Ms. Simonds and Wespac ignore and manipulate data generated by NOAA and others, and knowingly mislead
the public and decision-makers in an attempt to stop the expansion of PMNM. This is contrary to Wespac’s
mandate to manage an increasingly at risk fishery based on sound principles of science.
Further concerning is that the PMNM opposition campaign is built upon a foundation of misinformation, half-
truths, and fearmongering designed to mislead the public and elected officials (both current and former) into
believing that expansion of PMNM is bad for the Hawai‘i-based longline fleet, Hawai‘i seafood industry, tuna
consumers, and the general public. There is no evidence to substantiate the claims made by Wespac and the
PMNM opposition. The science actually indicates the opposite is true – a larger, more fully protected PMNM
will better sustain the ocean ecosystem for Hawai‘i’s future, especially in light of the continuing decline of
bigeye fish stocks and the impacts of climate change.
Ms. Simonds, Wespac, and the opposition campaign use clever slogans such as “Protect Our Local Food
Source” and “MVP - Most Valuable Poke,” suggesting that expansion of the monument will lead to the loss of
fresh fish in Hawai‘i. Yet, a considerable amount – up to 50 percent according to recent public statements by a
Wespac member – is exported outside of Hawai‘i, food that is unavailable to Hawai‘i consumers.
The most egregious claim by Ms. Simonds, Wespac, and opponents of the expanded monument is that the
amount of fishing that currently occurs in the area proposed for expansion will need to stop and therefore
economic hardship including job loss, expensive tuna, and other consequences will follow. This simply is not
true because the fishery is quota-based, and the longline industry has demonstrated time and again that it will
catch as many fish as quickly as possible.
Ironically, this misinformation campaign comes at a time when NOAA has required the Hawai‘i-based
longline fleet to stop fishing for bigeye tuna in the Western and Central Pacific while the agency finalizes the
approval process for use of additional quota that the longliners have already purchased from U.S. Territories.
This controversial scheme of exhausting the bigeye quota as quickly as possible and arbitrarily increasing it
without proper scientific review is irresponsible and contrary to Wespac’s mandate to maximize sustainable
yield and support fisheries as well as conservation.
The actions of Wespac and its staff are supposed to be based on the “best scientific information available.”
Wespac is trying to maximize fisheries profits at the expense of conservation without pointing to any credible,
data-based scientific information that balances projected impacts on fisheries profits against the conservation
benefits of expansion.

4. 4
Recently, a series of television commercials aired in an attempt to sway public opinion against the proposed
expansion using misinformation and scare tactics. In one commercial, a woman alleges that she will no longer
be able to eat fresh fish in Hawai‘i if the monument is expanded. We know this is untrue because only 5
percent of the longline catch is from the proposed expansion area, yet the opposition campaign continues to
perpetuate this lie. Ms. Simonds and/or Wespac staff may have been involved in producing these
commercials, and an investigation is in order.
Long History of Impropriety
The email that is the subject of this complaint is just one piece of evidence regarding the inappropriate
behavior of Ms. Simonds and Wespac. In 2008, at the urging of several citizen organizations, U.S.
Representative Henry Waxman, then-Chair of the House Committee on Oversight and Government Reform,
requested an investigation of Wespac by the General Accounting Office (GAO). Representative Waxman’s
call for the investigation was in response to numerous complaints concerning Wespac and Kitty Simonds
about the questionable use of federal funds, including lobbying the Hawai‘i State Legislature. At the same
time, the United States Department of Commerce Office of the Inspector General began an investigation into
numerous allegations made earlier against Wespac and Ms. Simonds. In addition, at least two citizen suits
were filed against Wespac and Ms. Simonds for violations of the Freedom of Information Act.
In summary, there is sufficient evidence and reason to believe that Ms. Simonds and Wespac are
inappropriately generating and coordinating opposition to the proposed expansion of the Papahānaumokuākea
Marine National Monument, including the use of federal funds for lobbying in violation of federal and state
regulations, and the dissemination of misinformation and propaganda contrary to the data generated by NOAA
and the best scientific information available.
Thank you for your attention to this important matter. We look forward to your response and hopefully the
findings of your investigation. I can be reached at (808) 593-0255 or mz@conservehi.org.
Sincerely,
Marjorie Ziegler
Executive Director
Attachments