Hawai‘i Federal Court Nullifies Fisheries Service Letter Allowing Destructive Fishing in Pacific National Monument

On Friday evening, the federal district court in Honolulu ruled that commercial fishing cannot legally continue in the Pacific Islands Heritage Marine National Monument, which is located to the south and southwest of Hawai‘i. The court’s order declares unlawful and cancels the National Marine Fisheries Service’s (NMFS) April 25 letter that purported to authorize commercial fishing in the portions of the monument that President Obama protected in 2014. NMFS issued the letter despite lawfully enacted regulations prohibiting such fishing that remain on the books.

The order states that “no commercial fishing operators may reasonably rely on [the letter].” Commercial fishing in the waters between 50 and 200 nautical miles around Johnston Atoll, Jarvis Island, and Wake Island should cease immediately.

“The court acknowledged the importance of giving due consideration to the voices of our kūpuna in these challenging times. The Fisheries Service cannot ignore our perspectives as the native people who belong to the islands and to the ocean that surrounds us. The law guarantees a process where we can advocate for protecting the generations of our children’s children who are yet to be born,” said Solomon Pili Kaho’ohalahala, Founding Member of Kāpaʻa.

The court rapidly issued this decision after hearing arguments in the case on Tuesday from Earthjustice on behalf of Kāpa‘a, Conservation Council for Hawai‘i, and the Center for Biological Diversity. These arguments focused on NMFS’s failure to follow the lawful process to change commercial fishing regulations within the monument’s boundaries under the Magnuson-Stevens Act. This law requires public notice and an opportunity for public comment (including expert input) before any changes to fishing regulations take effect.

“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,” said Jonee Peters, Executive Director of Conservation Council for Hawaiʻi.

“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,” said Maxx Phillips, Hawai‘i and Pacific Islands Director and Staff Attorney at the Center for Biological Diversity. “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.”

Plaintiffs filed their lawsuit in May challenging the Trump administration’s illegal actions to open the Pacific Islands Heritage Marine National Monument to commercial fishing. In June, the plaintiffs filed a motion seeking a partial summary judgment to specifically address the letter that NMFS sent on April 25 to commercial fishing permit holders. This letter, which has now been vacated, gave commercial fishers a green light to fish commercially within the monument’s boundaries, even though the monument regulations implementing the longstanding fishing ban remain on the books.

“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,” said Earthjustice attorney David Henkin. “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.”

NMFS sent its April 25 letter in response to a proclamation that President Trump issued on April 17, which purports to reverse President Obama’s blanket ban on commercial fishing in monument waters around Johnston, Jarvis, and Wake. Plaintiffs’ lawsuit challenges the constitutionality of President Trump’s proclamation, which usurps Congress’s powers over federal lands. The court will hold a scheduling conference on October 6 to determine the schedule to resolve this claim.