A judge has blocked U.S. President Donald Trump’s move to reopen large swaths of the Pacific Islands Heritage Marine National Monument to commercial fishing, ruling that the NOAA Fisheries letter authorizing fishing in the monument is unlawful.
“We applaud the court for rejecting the Fisheries Service’s attempt to gut fishing protections in the monument without going through the formal rulemaking process, which ensures a voice for all those concerned about protecting the monument’s vital species and ecosystems for today and for future generations,” Conservation Council for Hawaiʻi Executive Director Jonee Peters said in a statement.
Established by then-U.S. President George Bush, the monument was later expanded by former U.S. President Barack Obama, who banned commercial fishing between 50 and 200 miles offshore of the islands within the monument. Then, former President Joe Biden attempted to expand the boundaries of the protected area to 770,000 square miles and designate it as a national marine sanctuary. His administration was not able to complete the process before the end of his term.
Trump has worked to roll back the protections put in place by his predecessors during his second term; in April, the president issued a proclamation reopening much of the area to commercial fishing.
“I find that appropriately managed commercial fishing would not put the objects of scientific and historic interest that the monument protects at risk,” Trump said in the proclamation. “With respect to fish in particular, fisheries in the region are effectively managed by the National Marine Fisheries Service and the Western Pacific Regional Fishery Management Council. Management of the monument is doing little to guard fish populations against overfishing as tunas and other pelagic species found within the boundaries of the monument are migratory in nature and do not permanently reside within the monument.”
Roughly a week later, NOAA Fisheries issued a letter purporting to authorize commercial fishing in the designated areas.
Three conservation groups – EarthJustice, the Conservation Council for Hawai‘i, and the Center for Biological Diversity – sued, arguing the Trump administration violated the Antiquities Act in removing the commercial fishing prohibition.
However, Judge Micah W. J. Smith of the U.S. District Court for the District of Hawaii vacated the NOAA Fisheries letter on 8 August, ruling that the Trump administration had not gone through the appropriate process for changing the regulation.
“The court forcefully rejected the Trump administration’s outrageous claim that it can dismantle vital protections for the monument’s unique and vulnerable species and ecosystems without involving the public,” Earthjustice Attorney David Henkin said in a statement. “The court reaffirmed that, even if President Trump’s directive to allow some commercial fishing in the monument were legal (which we dispute), the Fisheries Service still has the discretion to ban highly destructive practices like longline and purse seine fishing. The court’s order means that the Fisheries Service cannot shirk its duty to ensure adequate protection for the monument.”
According to Earthjustice, the court will next return to the case on 6 October, when it will set a schedule for tackling the lawsuit.
“This is a huge win for the Pacific’s irreplaceable marine life and for the rule of law. The court made clear that the federal government cannot quietly sweep aside critical fishing protections without giving the public a voice,” Hawai‘i and Pacific Islands Director and Staff Attorney at the Center for Biological Diversity Maxx Phillips said in a statement. “These sacred and irreplaceable ecosystems are home to endangered species, deep-sea corals, and rich cultural heritage. We will keep fighting to ensure these protections remain in place for generations to come.”
