Sunday, March 29, 2026

COMMERCIAL FISHERMEN RETURNING TO MARINE NATIONAL MONUMENTS

 

When Donald Trump issued the executive order “Restoring America’s Seafood Competitiveness” on April 17, 2025, he included language that read,

“Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of the Interior, shall review all existing marine national monuments and provide recommendations to the President of any that should be opened to commercial fishing.  In making these recommendations, the Secretary of Commerce will consider whether the opening of the monuments to commercial fishing would be consistent with the preservation of the historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest originally identified in the proclamations establishing the marine national monuments.”

Currently, five such marine national monuments exist.  One, the Northeast Canyons and Seamounts Marine National Monument is located in the Atlantic Ocean, approximately 130 miles southeast of Cape Cod, Massachusetts.  The other four, which include the Mariana Trench Marine National Monument, Pacific Islands Heritage Marine National Monument, Papahanaumokuakea Marine National Monument, and Rose Atoll Marine National Monument, are scattered across the central Pacific Ocean.

Until very recently, commercial fishing was banned in all five marine national monuments. As a result of the executive order, it appears that commercial fishing is now going to be allowed in all of them.

The first one to open to commercial fishing was Northeast Canyons and Seamounts. 

Commercial fishing was not allowed there when the monument was initially established, a prohibition that probably had a minimal economic impact on the commercial fishing industry.  In 2017, the Natural Resources Defense Council published a brief impact study which asserted that

“The monument’s deep and rugged canyon and seamount areas were historically some of the least fished in the U.S. Atlantic and not unusually important for any fishery.  The six to eight red crab and lobster vessels active in the monument area have been provided a seven year grace period.  Because the monument does not affect catch limits or allocations, other types of fishing effort, such as the small amount of trawling that occurred in the shallowest portion of the monument, have likely been relocated to other areas.  The canyon and inter-canyon area in the original monument proposal was also reduced by almost 60 percent to leave out the relatively more active trawling areas.”

Despite the minimal economic impact of the commercial fishing prohibition, Trump opened the monument to commercial fishing on June 5, 2020, near the end of his first term.  Then the Biden administration outlawed commercial fishing in the marine national monument again, with NOAA Fisheries issuing the final rule in early 2024.  After returning to office for his second term, Trump reopened the monument to commercial fishing, issuing a new executive order, “Unleashing American Commercial Fishing in the Atlantic,” on February 6, 2026.  The executive order alleged that

“appropriately managed commercial fishing would not put the objects of historic and scientific interest that the monument protects at risk,”

as the fish species identified in the proclamation creating the marine national monument are adequately protected under existing laws and agency actions, and that many of those species are highly migratory, “and not unique to the monument.:

Predictably, the reopening drew criticism from the marine conservation community, with Erica Fuller, speaking for the Conservation Law Foundation, an organization that is particularly focused on marine issues that arise off the New England coast, saying,

“This latest attempt to undermine the monument is not only unlawful, but demonstrates a blatant disregard for the health of our oceans,”

while Brad Sewell, Managing Director of Oceans at the Natural Resources Defense Council, stated that

“Northeast Canyons and Seamounts is a truly special place; a living scientific laboratory, a refuge for creatures as varied as cold-water corals and sperm whales.  Trump’s move to dismantle those protections is unlawful, and we’re confident that it won’t stand.”

Such comments suggest that litigation challenging the reopening might be forthcoming.

Litigation has already delayed opening of the Pacific Islands Heritage Marine National Monument to commercial fishing.  A federal district court in Hawaii ruled that NOAA Fisheries could not merely issue a letter, based on Trump’s April 2025 executive order, allowing commercial fishing in that national monument, but would instead have to go through a formal rulemaking process that included public comment on the issue.

Such rulemaking had to begin at the Western Pacific Fishery Management Council, which has jurisdiction over the waters in all four of the Pacific marine national monuments.  Historically, the Western Pacific Council has looked askance at marine sanctuaries and marine national monuments, with one Council document observing that

“The islands in the Western Pacific Region were inhabited for millennia prior to Western contact.  Today the indigenous communities comprise between 20 and 90 percent of the population, depending on the island.  With little land and terrestrial resources, the communities have in the past, and continue today, to depend on fishing for sustenance and cultural purposes.

“Ensuring continued opportunities for fishery-related livelihoods and cultural practices is challenging.  Marine protected areas and military activities have increasingly marginalized fisheries and displaced fishermen.  Today, nearly 25 percent of the region’s EEZ has been designated as either a national marine sanctuary or a national marine monument.”

A 2025 article in the Hawaiian news outlet, Honolulu Civil Beat, noted that

“[The Western Pacific Fishery Management Council] has for years opposed commercial fishing bans in the Pacific.  A brewing legal battle leaves it unclear whether [the Council] backed by the Honolulu-based longline industry and other seafood interests, will ultimately prevail [in opening the national marine monuments to commercial fishing].

“Kitty Simonds, [the Council’s] longtime executive director, told Civil Beat…that the group considers it a priority to resume bottomfishing and trolling in Papahanaumokuakea’s waters that extend 50 miles out from shore, and to restart longline fishing in the waters 50 to 200 miles out from shore.

“’We haven’t changed what we’d like to see from the time of (establishing) the monument, right?  Simonds said.  ‘We made our arguments.’”

Thus, it is hardly surprising that, last week, the Western Pacific Council voted to allow commercial fishing between 50 and 200 nautical miles around Jarvis Island, Wake Island, and Johnston Atoll within the Pacific Islands Heritage Marine National Monument.  Such vote to allow commercial fishing is the first step in the rulemaking process required by federal law and last year’s court decision.  The Council’s action will now be forwarded to NOAA Fisheries, which will issue a proposed rule for public comment and, assuming that no legal obstacles arise, will ultimately issue a final rule allowing commercial fishing.

At the same meeting, the Council also voted to allow commercial fishing in waters 12 to 50 nautical miles from Rose Atoll in the Rose Atoll Marine National Monument and from shore out to 50 nautical miles in the Marianas Trench Marine National Monument, while also allowing fishing for bottom fish and pelagic species in parts of the Papahanaumokuakea Marine National Monument.  However, those changes will not go through normal agency rulemaking, but will instead be referred to the White House for further action pursuant to the April 2025 executive order, which could mean that they will face the same sort of legal action that delayed opening the Pacific Islands Heritage Marine National Monument to commercial fishing last year.

In her justification of the Council’s actions, Ms. Simonds said,

“This is not about removing monument protections—it’s about restoring sustainable fishing in limited areas under fishery regulations the Council has developed over decades.  Those regulations were built to balance access and conservation, and that remains the Council’s guiding principle under the Magnuson-Stevens [Fishery Conservation and Management] Act.”

Council Chair Nathan Ilaoa made similar comments, saying

“This action does not remove the monument; it supports local fishermen, the cannery and the small businesses that depend on a viable fishing economy.”

But an article in the National Fisherman notes that others

“raised concerns about impacts to protected species, ecosystems, and the cultural significance of monument areas—particularly in Papahanaumokuakea.”

So, how much real harm will be caused by allowing commercial fishing in the marine national monuments?

It’s not easy to say.  Opening up any area to longlining is always going to create some threats to marine mammals, sea turtles, seabirds, billfish, and other incidentally caught fish species.  And allowing the use of bottom-tending gear, whether lobster and/or red crab pots off New England or other gear types in the Pacific creates threats to corals and other sessile animals, while also creating the risk of entanglement for marine mammals.

And in Papahanaumokuakea, there may be additional risks to the endangered Hawaiian monk seal.

But the question that no one has satisfactorily answered is whether opening the commercial fishery in the marine national monuments is creating additional risk for a host of marine species, or whether it is merely shifting existing risk into the monuments.

That is, if lobster and red crab traps are allowed in the Northeast Canyons and Seamounts Marine National Monument, to use one example, will that increase the likelihood that a whale might become entangled?  Or does the likelihood remain the same, because traps previously banned from the monument would still be fished somewhere, and so their exclusion from the monument would only create an entanglement risk somewhere else.

Similarly, if a longline is fished within the boundaries of the Pacific Islands Heritage Marine National Monument, would endangered turtles, or perhaps seabirds, face greater risks than they would if the same longline was fished somewhere on the high seas?

The answer might well depend on whether concentrations of protected species were higher in the marine national monuments, resulting in more interactions with fishing gear than would occur elsewhere.  But, again, it’s not clear that there is enough reliable data to provide a conclusive answer.

And in the absence of data, it is only sensible to take a precautionary approach. 

If you don’t know whether an action will cause harm, assume that it will until evidence to the contrary appears.

Unfortunately, the administration’s current efforts to open up marine national monuments to commercial fishing takes the opposite approach, and assumes, in the lack of clear evidence to the contrary, that the fishing will do no harm.  It is the more risk-prone approach.

And it is thus the wrong way to proceed.

 

 

 

 

 

 

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