BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In an effort to enhance American seafood production and bolster fishing communities, this proclamation opens up vast areas of the Pacific Ocean for commercial fishing, governed by existing Federal law. It has been decided that access to well-managed fishing areas will stimulate economic growth while maintaining the sustainable management of our country’s marine resources.
On June 15, 2006, under the Antiquities Act (54 U.S.C. 320301), President Bush declared Proclamation 8031, creating the Northwestern Hawaiian Islands Marine National Monument, later renamed the Papahānaumokuākea Marine National Monument. On August 26, 2016, President Obama expanded this monument through Proclamation 9478.
On January 6, 2009, also under the Antiquities Act, President Bush issued Proclamation 8335, establishing the Mariana Trench Marine National Monument, and Proclamation 8337, creating the Rose Atoll Marine National Monument.
These proclamations introduced restrictions on commercial fishing in designated areas of the monuments. Before the monuments were established, the marine resources identified in Proclamations 8031, 8335, 8337, and 9478 were already managed under comprehensive Federal conservation and management authorities, including commercial fishing regulations.
Upon reevaluating the objects identified in Proclamations 8031, 8335, 8337, and 9478 and the protections already provided by Federal law, it has been determined that commercial fishing, when properly managed under existing statutory authorities, will not endanger the historic and scientific objects within these areas.
The marine resources identified in the proclamations are governed by comprehensive Federal management and conservation laws. For instance, the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) establishes regional fishery management councils. These councils, overseen by the Secretary of Commerce in collaboration with States and stakeholders, develop fishery management plans using the best available science and strict conservation measures. Magnuson-Stevens also applies to highly migratory species and allows for management measures to conserve target and non-target species and habitats. The monuments in this proclamation fall under the Western Pacific Fishery Management Council’s oversight, which has formulated several Fishery Ecosystem Plans to promote sustainable fishing while protecting sensitive ecosystems. The Council continuously monitors fisheries and adapts plans based on the latest science and ocean conditions.
Additional protections are provided by several statutes, many of which are implemented through applicable fishery management plans. These include the Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), Oil Pollution Act (33 U.S.C. 2701 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), Title I of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.), National Historic Preservation Act (54 U.S.C. 300101 et seq.), Migratory Bird Treaty Act (16 U.S.C. 703–712), and National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). These statutes offer enforceable mechanisms for managing the monument objects addressed here. For example, the Endangered Species Act generally prohibits taking endangered fish and wildlife species, ensuring that Federal actions, including fisheries management, do not jeopardize their existence. The Marine Mammal Protection Act safeguards marine mammals, prohibiting their taking with some exceptions.
Therefore, it has been concluded that specific monument-based restrictions on commercial fishing are currently unnecessary for the proper care and management of the monuments or their historically or scientifically significant objects.
Proclamation 10918 previously altered the Pacific Remote Islands Marine National Monument to allow commercial fishing in specified Monument and Monument Expansion areas. This proclamation further clarifies that it removes monument-based fishing prohibitions, with agency rulemaking intended to amend or repeal any inconsistent regulations.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 320301 of title 54, United States Code, hereby declare that Proclamations 8031, 8335, 8337, and 9478 are revised to lift certain monument-based prohibitions on commercial fishing in: (a) the Islands Unit of the Mariana Trench Marine National Monument; (b) the Mau Zone and Ho’omalu Zone and areas beyond 50 nautical miles within the Papahānaumokuākea Marine National Monument; and (c) waters between 12 and 50 nautical miles surrounding Rose Atoll, consistent with applicable fishery management plans and regulations. Only United States flagged vessels are permitted to fish commercially within these monuments’ boundaries, except when permits are issued to foreign flagged vessels to transport fish harvested by United States fishermen.
This proclamation does not change existing restrictions within 50 nautical miles of the center geographical positions of certain islands and reefs in the Northwestern Hawaiian Islands or within 12 nautical miles of Rose Atoll. These restrictions may be modified according to applicable statutory and regulatory processes.
Commercial fishing in areas of national monuments where it was previously prohibited shall continue to follow all applicable statutory and regulatory requirements, including those under Magnuson-Stevens. The Secretary of Commerce is directed to amend or repeal regulations inconsistent with this proclamation’s removal of monument-based fishing prohibitions, including those within Papahānaumokuākea Marine National Sanctuary regulations. Additionally, the Secretary of Commerce is instructed to assess whether it is possible to use discretion in enforcing current fishing prohibitions to advance this proclamation’s policy.
In case any provision of Proclamations 8031, 8335, 8337, 9478, or 10918 conflicts with this proclamation, this proclamation’s terms shall prevail.
If any part of this proclamation is deemed invalid, the rest of the proclamation shall remain unaffected.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of June, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
