- Details
- By Kaili Berg
A federal judge in Hawai‘i has struck down a National Marine Fisheries Service (NMFS) decision that opened parts of the Pacific Islands Heritage Marine National Monument to commercial fishing, ruling the action violated existing protections.
The ruling, issued Friday evening by the U.S. District Court in Honolulu, nullifies an April 25 letter from NMFS that authorized commercial fishing in monument waters surrounding Johnston Atoll, Jarvis Island, and Wake Island.
These areas have been closed to commercial fishing since 2014 under protections put in place by former President Obama.
The court found that NMFS acted unlawfully by granting fishing access without following the proper process under the Magnuson-Stevens Act, which requires public notice and an opportunity for comment before changing fishing regulations.
“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, who represented the plaintiffs, said in a statement.
The April NMFS letter followed an April 17 proclamation by President Trump, which sought to reverse the commercial fishing ban in parts of the monument.
Plaintiffs, including Kāpa‘a, the Conservation Council for Hawai‘i, and the Center for Biological Diversity, filed suit in May challenging the move, arguing the proclamation itself was unconstitutional and that NMFS bypassed the law in greenlighting destructive fishing practices such as longline and purse seine fishing.
The court’s order means the April letter is no longer valid, so commercial fishers can’t use it as permission to operate. All fishing in the waters 50 to 200 nautical miles around Johnston Atoll, Jarvis Island, and Wake Island must stop right away.
“We applaud the court for rejecting the Fisheries Service’s attempt to gut fishing protections in the monument without going through the formal rule-making process, which ensures a voice for all those concerned about protecting the monument’s vital species and ecosystems for today, and for future generations,” Jonee Peters, Executive Director of Conservation Council for Hawaiʻi said in a statement.
While the court has now vacated the NMFS letter, the broader legal challenge to Trump’s 2020 proclamation is still pending. The court will hold a scheduling conference on October 6 to determine the schedule to resolve this claim.
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