Unleashing American Commercial Fishing in the Atlantic
This Presidential Proclamation, dated February 6, 2026, revokes Proclamation 10287, which had prohibited commercial fishing in the Northeast Canyons and Seamounts Marine National Monument, and reinstates the management conditions established by Proclamation 10049, thereby allowing regulated commercial fishing within the designated area.
The action is justified by finding that existing Federal laws, including the Magnuson-Stevens Fishery Conservation and Management Act and others, provide adequate protection for the monument's objects of historic and scientific interest, making the commercial fishing ban unnecessary.
Arguments For
Existing comprehensive federal laws, such as the Magnuson-Stevens Act, already provide robust, science-based regulation and conservation measures for marine fisheries and ecosystems, rendering a blanket commercial fishing prohibition within the monument potentially redundant.
The proclamation argues that many fish species within the monument are highly migratory and are already subject to Federal protection elsewhere, suggesting the monument's specific boundaries are not the sole or essential mechanism for their conservation.
Removing restrictions supports the public interest by allowing well-regulated commercial fishing activities to proceed under existing statutory authorities, balancing conservation goals with economic activities in the Atlantic Ocean.
The document explicitly states that the objects of historic and scientific interest are adequately protected by current tailored regulation under existing Federal law, negating the necessity of the restrictive Proclamation 10287.
Arguments Against
Revoking protections previously established by Proclamation 10287, which had reinstated the ban based on the potential for commercial fishing to degrade sensitive deep-sea habitats, risks immediate or long-term harm to unique and fragile underwater ecosystems.
Relying solely on existing, broad federal statutes may prove insufficient to protect specific, localized features (like deep-sea corals) within the monument that might be disproportionately impacted by concentrated fishing effort allowed under this action.
The justification that many species are highly migratory overlooks the localized impact on non-migratory or sessile organisms, like corals, which are the core 'objects of historic and scientific interest' identified in the original designation.
Prior presidential actions designated the monument using the Antiquities Act based on the finding that the restrictions were the 'smallest area compatible with the proper care and management' of these objects; reversing this suggests the current regulatory framework is now deemed sufficient for objects previously deemed at risk.
Presidential Actions
By the President of the United States of America
A Proclamation
On September 15, 2016, pursuant to the Antiquities Act (54 U.S.C. 320301), President Obama issued Proclamation 9496 (Northeast Canyons and Seamounts Marine National Monument), which designated approximately 4,913 square miles of waters and submerged lands where the Atlantic Ocean meets the continental shelf as the Northeast Canyons and Seamounts Marine National Monument.
On June 5, 2020, I issued Proclamation 10049 (Modifying the Northeast Canyons and Seamounts Marine National Monument), to remove the restrictions on commercial fishing within the Northeast Canyons and Seamounts Marine National Monument. And in that proclamation, I noted that many of the fish species that Proclamation 9496 identifies are highly migratory and not unique to the monument. And I further noted that a host of other laws enacted after the Antiquities Act provide specific protection for other plant and animal resources both within and outside the monument.
Subsequently, on October 8, 2021, President Biden issued Proclamation 10287 (Northeast Canyons and Seamounts Marine National Monument), finding that commercial fishing activity has the potential to significantly degrade the monument’s objects of historic and scientific interest and reinstating the prohibitions on commercial fishing within the Northeast Canyons and Seamounts Marine National Monument.
As explained herein, following further consideration of the nature of the objects identified in Proclamation 9496 and the protection of those objects already provided by Federal law, I find that appropriately managed commercial fishing would not put the objects of historic and scientific interest that the monument protects at risk.
All of the fish species described in Proclamation 9496 are subject to Federal protections under existing laws and executive department and agency management designations. And for example, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Magnuson-Stevens), regulates commercial fishing to ensure long-term biological and economic sustainability for our Nation’s marine fisheries, taking into account the protection of associated marine ecosystems. And Magnuson-Stevens establishes regional fishery management councils, supervised by the Secretary of Commerce in coordination with the States and affected stakeholders, that develop fishery management plans to regulate our Nation’s fisheries, using the best available science and observing strict conservation and management requirements. And Magnuson-Stevens requires a similar process of scientific fisheries management for highly migratory species, including the tunas referenced in Proclamation 9496. And in addition, Magnuson-Stevens provides that fishery management plans may include, among other measures, management measures to conserve target and non-target species and habitats, including measures to protect deep-sea corals. And Moreover, many of the fish species that Proclamation 9496 identifies are highly migratory and not unique to the monument.
A host of other laws enacted after the Antiquities Act provide specific protection for other plant and animal resources (including coral species) both within and outside the monument. And these laws include the Endangered Species Act (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703–712), the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–668ee), the Refuge Recreation Act (16 U.S.C. 460k et seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), and Title I of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.) (Ocean Dumping Act). For example, the Endangered Species Act generally prohibits the taking of fish and wildlife species listed as endangered, and also generally ensures that Federal actions, including fisheries management, are not likely to jeopardize the continued existence of any such species. And the Marine Mammal Protection Act provides protections for marine mammals, and prohibits their taking, subject to some exceptions. And numerous other statutes, including the Clean Water Act, the Oil Pollution Act, and the Ocean Dumping Act, address both land-based and ocean-based sources of pollution and help ensure that water quality continues to support plankton and other pelagic organisms.
After further consideration of the nature of the objects identified in Proclamation 9496 and the protection of those objects already provided by Magnuson-Stevens and other applicable legal authorities, I find, for all the reasons previously stated in Proclamation 10049 and provided herein, that a prohibition on commercial fishing is not, at this time, necessary for the proper care and management of the Northeast Canyons and Seamounts Marine National Monument or the objects of historic or scientific interest therein.
WHEREAS, Proclamation 9496 designated the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean and reserved approximately 4,913 square miles of water and submerged lands in and around certain deep-sea canyons and seamounts situated upon lands and interests in lands owned or controlled by the Federal Government as the smallest area compatible with the proper care and management of objects of historic and scientific interest;
WHEREAS, Proclamation 10049 modified the conditions of the Northeast Canyons and Seamounts Marine National Monument to allow commercial fishing activities;
WHEREAS, Proclamation 10287 modified the conditions of the Northeast Canyons and Seamounts Marine National Monument to prohibit commercial fishing activities;
WHEREAS, for the reasons set forth in Proclamation 10049 and provided herein, I find that removing the restrictions on commercial fishing set forth in Proclamation 9496 and Proclamation 10287 to allow for well-regulated commercial fishing use, in accordance with and pursuant to existing statutory authorities, is in the public interest and that the objects in the monument can be, and are currently, protected pursuant to carefully tailored regulation and management under existing Federal law;
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 proclaim that Proclamation 10287 is revoked and the Northeast Canyons and Seamounts Marine National Monument shall be managed in accordance with Proclamation 10049, which allows for commercial fishing within the monument.
To the extent any provision of Proclamation 10049 is inconsistent with Proclamation 9496, the terms of this proclamation and Proclamation 10049 shall govern.
If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby.
IN WITNESS WHEREOF, I have hereunto set my hand this
sixth day of February, 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
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The document begins by providing historical context regarding the Northeast Canyons and Seamounts Marine National Monument.
President Obama initially designated the monument in 2016 under the Antiquities Act, protecting nearly 4,913 square miles of Atlantic Ocean waters.
In 2020, President Trump modified this via Proclamation 10049 to lift restrictions on commercial fishing, arguing that many species were highly migratory and protected by other existing laws.
Subsequently, President Biden reinstated the commercial fishing prohibitions in 2021 through Proclamation 10287, citing the potential degradation of historic and scientific features.
This proclamation argues that after further review of the monument's protected features and existing federal law, appropriately managed commercial fishing poses no risk.
The President finds that blanket prohibitions are unnecessary for the monument's care and management, a position consistent with the rationale in Proclamation 10049.
All of the fish species described in Proclamation 9496 are subject to Federal protections under existing laws and executive department and agency management designations. For example, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Magnuson-Stevens), regulates commercial fishing to ensure long-term biological and economic sustainability for our Nation’s marine fisheries, taking into account the protection of associated marine ecosystems. Magnuson-Stevens establishes regional fishery management councils, supervised by the Secretary of Commerce in coordination with the States and affected stakeholders, that develop fishery management plans to regulate our Nation’s fisheries, using the best available science and observing strict conservation and management requirements. Magnuson-Stevens requires a similar process of scientific fisheries management for highly migratory species, including the tunas referenced in Proclamation 9496. In addition, Magnuson-Stevens provides that fishery management plans may include, among other measures, management measures to conserve target and non-target species and habitats, including measures to protect deep-sea corals. Moreover, many of the fish species that Proclamation 9496 identifies are highly migratory and not unique to the monument.
The text states that fish species in the monument already receive protection under existing Federal laws and agency designations.
The Magnuson-Stevens Fishery Conservation and Management Act is cited as key legislation, regulating commercial fishing for long-term sustainability and ecosystem protection.
This law works through regional fishery management councils, overseen by the Secretary of Commerce, to create science-based management plans.
These plans cover highly migratory species, like tuna, and include measures to protect habitats such as deep-sea corals.
The text further asserts that many identified fish are not unique to the monument's boundaries.
A host of other laws enacted after the Antiquities Act provide specific protection for other plant and animal resources (including coral species) both within and outside the monument. These laws include the Endangered Species Act (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703–712), the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–668ee), the Refuge Recreation Act (16 U.S.C. 460k et seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), and Title I of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.) (Ocean Dumping Act). For example, the Endangered Species Act generally prohibits the taking of fish and wildlife species listed as endangered, and also generally ensures that Federal actions, including fisheries management, are not likely to jeopardize the continued existence of any such species. The Marine Mammal Protection Act provides protections for marine mammals, and prohibits their taking, subject to some exceptions. Numerous other statutes, including the Clean Water Act, the Oil Pollution Act, and the Ocean Dumping Act, address both land-based and ocean-based sources of pollution and help ensure that water quality continues to support plankton and other pelagic organisms.
Several other laws enacted after the original Antiquities Act offer specific protections for plants and animals, including corals, both inside and outside the monument.
These laws include the Endangered Species Act and the Marine Mammal Protection Act, which prevent the harm or endangering of listed species.
Additional statutes listed address pollution from both land and sea sources, such as the Clean Water Act and the Oil Pollution Act.
These environmental protections help sustain foundational organisms like plankton, which support the broader marine environment.
After further consideration of the nature of the objects identified in Proclamation 9496 and the protection of those objects already provided by Magnuson-Stevens and other applicable legal authorities, I find, for all the reasons previously stated in Proclamation 10049 and provided herein, that a prohibition on commercial fishing is not, at this time, necessary for the proper care and management of the Northeast Canyons and Seamounts Marine National Monument or the objects of historic or scientific interest therein.
The President concludes that based on the nature of the objects originally identified and the existing protections offered by Magnuson-Stevens and other laws, a ban on commercial fishing is currently unnecessary.
This finding applies to both the proper care of the Northeast Canyons and Seamounts Marine National Monument and the protection of its historic and scientific resources.
WHEREAS, Proclamation 9496 designated the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean and reserved approximately 4,913 square miles of water and submerged lands in and around certain deep-sea canyons and seamounts situated upon lands and interests in lands owned or controlled by the Federal Government as the smallest area compatible with the proper care and management of objects of historic and scientific interest;
This 'WHEREAS' clause recalls that Proclamation 9496 established the monument, setting aside approximately 4,913 square miles of water and submerged land around deep-sea canyons and seamounts owned by the Federal Government.
This original designation was deemed the minimum necessary area required for the proper care and management of its objects of interest.
WHEREAS, Proclamation 10049 modified the conditions of the Northeast Canyons and Seamounts Marine National Monument to allow commercial fishing activities;
This clause notes that Proclamation 10049 previously changed the monument’s conditions to permit commercial fishing operations.
WHEREAS, Proclamation 10287 modified the conditions of the Northeast Canyons and Seamounts Marine National Monument to prohibit commercial fishing activities;
This clause recalls that Proclamation 10287 later reversed the previous action by imposing prohibitions on commercial fishing within the monument.
WHEREAS, for the reasons set forth in Proclamation 10049 and provided herein, I find that removing the restrictions on commercial fishing set forth in Proclamation 9496 and Proclamation 10287 to allow for well-regulated commercial fishing use, in accordance with and pursuant to existing statutory authorities, is in the public interest and that the objects in the monument can be, and are currently, protected pursuant to carefully tailored regulation and management under existing Federal law;
This clause asserts the finding that removing the commercial fishing restrictions from both Proclamation 9496 and Proclamation 10287 serves the public interest.
The reasoning echoes Proclamation 10049, concluding that well-regulated commercial fishing under existing statutory authorities will not harm the monument's objects, which are seen as currently protected by tailored federal oversight.
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 proclaim that Proclamation 10287 is revoked and the Northeast Canyons and Seamounts Marine National Monument shall be managed in accordance with Proclamation 10049, which allows for commercial fishing within the monument.
This is the operative section where the President, invoking constitutional and statutory authority (specifically section 320301 of title 54, United States Code), formally declares Proclamation 10287 revoked.
The Northeast Canyons and Seamounts Marine National Monument's management reverts to the conditions set out in Proclamation 10049, which permits commercial fishing inside the boundaries.
To the extent any provision of Proclamation 10049 is inconsistent with Proclamation 9496, the terms of this proclamation and Proclamation 10049 shall govern.
This provision establishes a hierarchy among the proclamations.
If there are any conflicts between the terms of Proclamation 10049 (which allows fishing) and the initial Proclamation 9496 (which banned it), the current proclamation and Proclamation 10049 take precedence.
If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby.
This is a standard severability clause.
It ensures that if any specific part of this proclamation is deemed legally invalid by a court, the rest of the proclamation remains in full force and effect for all other applicable areas.
IN WITNESS WHEREOF, I have hereunto set my hand this
sixth day of February, 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
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The concluding section provides the formal witness statement, indicating the proclamation was signed by Donald J. Trump on the sixth day of February 2026, marking the 250th year of American Independence.
The closing paragraph references the associated web post title regarding unleashing commercial fishing.