Restoring American Commercial Fishing in the Pacific
This Presidential Proclamation modifies prior Executive Actions (Proclamations 8031, 8335, 8337, and 9478) that established or expanded Marine National Monuments, specifically by removing certain monument-based prohibitions on commercial fishing in specified zones within the Mariana Trench Marine National Monument, the Papahānaumokuākea Marine National Monument, and surrounding Rose Atoll.
The President determined that existing comprehensive Federal laws, such as the Magnuson-Stevens Fishery Conservation and Management Act, provide sufficient authority to manage and conserve marine resources sustainably, thereby allowing for restored economic access for United States flagged commercial fishing vessels in these previously restricted areas.
Arguments For
Opening designated areas within previously restricted National Monuments to responsible commercial fishing promotes economic opportunity for working fishing communities.
Existing comprehensive Federal management, statutes like the Magnuson-Stevens Act, the Endangered Species Act, and the Marine Mammal Protection Act, provide sufficient conservation and management capacity without the need for monument-based commercial fishing prohibitions.
Clarifying Proclamation 10918 ensures that the removal of specific monument-based prohibitions on commercial fishing is executed through agency rulemaking, streamlining the process for implementing the new policy.
Limiting commercial fishing access only to United States flagged vessels within these areas maintains national control over resource extraction while reopening waters to domestic industry.
Arguments Against
Reducing established commercial fishing restrictions in designated Marine National Monuments may expose sensitive marine ecosystems, historical objects, and scientific resources to increased risk from fishing activities.
Relying solely on existing statutes might be insufficient to protect specific sensitive habitats within the monuments, as prior prohibitions were enacted precisely because existing management was deemed inadequate for those zones.
The action reverses previous bipartisan conservation efforts undertaken by Presidents Bush and Obama, potentially undermining long-term commitments to marine resource stewardship.
Directing the Secretary of Commerce to assess interim enforcement discretion could lead to inconsistent management or a lack of immediate regulatory clarity while formal changes are pending.
Presidential Actions
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Building on prior actions to strengthen American seafood production and support working fishing communities, this proclamation restores access to hundreds of thousands of square miles of Pacific waters for commercial fishing managed under existing Federal law. I have determined that restoring access to responsibly managed fishing grounds will promote economic opportunity while ensuring continued stewardship of our Nation’s marine resources.
On June 15, 2006, pursuant to the Antiquities Act (54 U.S.C. 320301), President Bush issued Proclamation 8031 establishing the Northwestern Hawaiian Islands Marine National Monument, later renamed the Papahānaumokuākea Marine National Monument. On August 26, 2016, President Obama issued Proclamation 9478 expanding that monument.
On January 6, 2009, pursuant to the Antiquities Act, President Bush issued Proclamation 8335 establishing the Mariana Trench Marine National Monument and Proclamation 8337 establishing the Rose Atoll Marine National Monument.
These proclamations imposed restrictions on commercial fishing within specified areas of the monuments. Prior to the establishment of these monuments, the marine resources identified in Proclamations 8031, 8335, 8337, and 9478 were subject to comprehensive Federal management and conservation authorities, including regulations that managed commercial fishing.
After further consideration of the nature of the objects identified in Proclamations 8031, 8335, 8337, and 9478 and the protection of those objects already provided by Federal law, I find that appropriately managed commercial fishing under existing statutory authorities will not put the historic and scientific objects within these areas at risk.
The marine resources identified in Proclamations 8031, 8335, 8337, and 9478 are subject to comprehensive Federal management and conservation authorities. For example, the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (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 and provides that fishery management plans may include, among other measures, management measures to conserve target and non-target species and habitats. The monuments at issue in this proclamation fall within the oversight of the Western Pacific Fishery Management Council (Council), which has developed several comprehensive Fishery Ecosystem Plans that enable sustainable fishing while affording protections tailored to the variety of sensitive ecosystems and marine life which the Council oversees. The Council regularly monitors its fisheries and adapts its plans to afford ongoing protection responsive to the most recent science and ocean conditions.
Additional protections are provided under the following statutes, several of which are effectuated directly through the applicable fishery management plans: the Endangered Species Act (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), the 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.), the National Historic Preservation Act (54 U.S.C. 300101 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703–712), and the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). These statutes provide sufficient enforceable mechanisms to properly manage the monument objects addressed in this proclamation. 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 listed species. The Marine Mammal Protection Act provides protections for marine mammals, and prohibits their taking, subject to some exceptions.
Therefore, I find that certain monument-based prohibitions on commercial fishing are not necessary at this time for the proper care and management of the monuments or the objects of historic or scientific interest therein.
Proclamation 10918 previously modified the Pacific Remote Islands Marine National Monument by providing, among other things, that the Secretary of Commerce shall not prohibit commercial fishing within specified Monument and Monument Expansion areas. Proclamation 10918 is modified to clarify that the proclamation itself removes monument-based prohibitions on commercial fishing and agency rulemaking is intended to amend or repeal 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 proclaim that Proclamations 8031, 8335, 8337, and 9478 are modified to remove 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 seaward of 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 implementing regulations. Only United States flagged vessels shall be allowed to fish commercially within the boundaries of these monuments, except that permits may be issued to foreign flagged vessels to transport fish harvested by United States fishermen.
Nothing in this proclamation alters existing restrictions applicable 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. Such restrictions may be modified pursuant to applicable statutory and regulatory processes.
Commercial fishing conducted in areas of national monuments where such fishing was prohibited under previous proclamations shall remain subject to all applicable statutory and regulatory requirements, including under Magnuson-Stevens. The Secretary of Commerce shall amend or repeal existing regulations that are inconsistent with this proclamation’s removal of monument-based prohibitions on commercial fishing, including those within Papahānaumokuākea Marine National Sanctuary regulations. I further direct that the Secretary of Commerce shall assess whether discretion to enforce regulations that currently prohibit commercial fishing can be utilized in the interim to advance the policy outlined in this proclamation.
To the extent that any provision of Proclamations 8031, 8335, 8337, 9478, or 10918 is inconsistent with this proclamation, the terms of this proclamation shall govern.
If any provision of this proclamation is held to be invalid, the remainder of this proclamation shall not be affected thereby.
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
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The document begins by establishing the context through a standard header identifying it as part of Presidential Actions, followed by "BY THE PRESIDENT OF THE UNITED STATES OF AMERICA" and "A PROCLAMATION." This formatting signals a formal, legally binding declaration by the President.
The opening paragraph summarizes the core purpose: restoring access to vast areas of Pacific waters for commercial fishing, which was previously restricted by earlier actions.
The President asserts this will benefit economic opportunity while maintaining resource stewardship under current Federal law.
Subsequent paragraphs provide historical context, referencing Proclamation 8031 (2006) by President Bush establishing the Papahānaumokuākea Marine National Monument, Proclamation 9478 (2016) by President Obama expanding it, and Proclamations 8335 and 8337 (2009) by President Bush establishing monuments at the Mariana Trench and Rose Atoll.
These previous actions had imposed commercial fishing restrictions within those monuments.
The proclamation then presents the justification for change, stating that a review found that appropriately managed commercial fishing, operating under existing laws, will not endanger the historic or scientific objects protected by the monuments.
It extensively details the existing comprehensive Federal management structure that remains in place.
Key legislation mentioned includes the Magnuson–Stevens Fishery Conservation and Management Act, which mandates regional fishery management councils, like the Western Pacific Fishery Management Council, to develop science-based plans for sustainable fishing.
Further protections are cited under several other statutes that apply to the areas, such as the Endangered Species Act and the Marine Mammal Protection Act.
The proclamation concludes this finding by declaring that the previous monument-based prohibitions on commercial fishing are thus unnecessary for the monuments' care at this time.
It formally modifies Proclamation 10918 (which related to the Pacific Remote Islands Monument) to clarify that this new proclamation removes commercial fishing prohibitions and directs agency rulemaking to repeal inconsistent regulations.
The concluding operative section, introduced by "NOW, THEREFORE, I, DONALD J. TRUMP," formally modifies Proclamations 8031, 8335, 8337, and 9478.
It specifies that commercial fishing prohibitions are removed in the Islands Unit of the Mariana Trench Monument, specific zones (Mau Zone and Ho‘omalu Zone) and areas beyond 50 nautical miles in Papahānaumokuākea, and waters between 12 and 50 nautical miles around Rose Atoll.
Critically, it mandates that only United States flagged vessels may fish commercially, though foreign vessels may transport fish caught by U.S. fishermen.
Finally, the document clarifies that other existing restrictions (e.g., within 50 nautical miles of some islands or 12 nautical miles of Rose Atoll) remain in effect.
It directs the Secretary of Commerce to amend or repeal inconsistent regulations and to assess interim enforcement discretion.
The proclamation concludes with standard severability clauses, the date (June 11, 2026), and the President's signature.
Building on prior actions to strengthen American seafood production and support working fishing communities, this proclamation restores access to hundreds of thousands of square miles of Pacific waters for commercial fishing managed under existing Federal law. I have determined that restoring access to responsibly managed fishing grounds will promote economic opportunity while ensuring continued stewardship of our Nation’s marine resources.
This introductory section establishes the action's goal: to reinstate commercial fishing access in large sections of the Pacific Ocean that were previously restricted.
The President frames this move as supporting economic growth for fishing communities while claiming that existing Federal management practices are sufficient to ensure the long-term health of marine resources.
On June 15, 2006, pursuant to the Antiquities Act (54 U.S.C. 320301), President Bush issued Proclamation 8031 establishing the Northwestern Hawaiian Islands Marine National Monument, later renamed the Papahānaumokuākea Marine National Monument. On August 26, 2016, President Obama issued Proclamation 9478 expanding that monument.
This paragraph details the history of the Papahānaumokuākea Marine National Monument.
President Bush established the original monument using the Antiquities Act on June 15, 2006.
Subsequently, President Obama expanded this monument via Proclamation 9478 in 2016, confirming its protected status.
On January 6, 2009, pursuant to the Antiquities Act, President Bush issued Proclamation 8335 establishing the Mariana Trench Marine National Monument and Proclamation 8337 establishing the Rose Atoll Marine National Monument.
This section references two other monument designations made by President Bush in 2009, also under the authority of the Antiquities Act.
These actions established the Mariana Trench Marine National Monument and the Rose Atoll Marine National Monument.
These proclamations imposed restrictions on commercial fishing within specified areas of the monuments. Prior to the establishment of these monuments, the marine resources identified in Proclamations 8031, 8335, 8337, and 9478 were subject to comprehensive Federal management and conservation authorities, including regulations that managed commercial fishing.
The paragraph notes that the effect of the prior monuments was to restrict commercial fishing in specific zones.
It further states that before these restrictions were put in place, the marine resources were already subject to existing, comprehensive Federal management for conservation and commercial fishing regulation.
After further consideration of the nature of the objects identified in Proclamations 8031, 8335, 8337, and 9478 and the protection of those objects already provided by Federal law, I find that appropriately managed commercial fishing under existing statutory authorities will not put the historic and scientific objects within these areas at risk.
The President formally concludes that based on a review of the protected objects and current legal safeguards, allowing commercial fishing to proceed in a responsibly managed way under existing statutes poses no threat to the historic or scientific resources within these monument areas.
The marine resources identified in Proclamations 8031, 8335, 8337, and 9478 are subject to comprehensive Federal management and conservation authorities. For example, the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (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 and provides that fishery management plans may include, among other measures, management measures to conserve target and non-target species and habitats. The monuments at issue in this proclamation fall within the oversight of the Western Pacific Fishery Management Council (Council), which has developed several comprehensive Fishery Ecosystem Plans that enable sustainable fishing while affording protections tailored to the variety of sensitive ecosystems and marine life which the Council oversees. The Council regularly monitors its fisheries and adapts its plans to afford ongoing protection responsive to the most recent science and ocean conditions.
This paragraph details the existing mechanisms for fishery management.
It highlights the Magnuson-Stevens Act, which creates regional councils overseen by the Secretary of Commerce responsible for developing science-based fishery management plans with strict conservation requirements.
Specifically, the Western Pacific Fishery Management Council oversees the monuments discussed, implementing ecosystem plans designed for sustainable fishing and regular scientific monitoring.
Additional protections are provided under the following statutes, several of which are effectuated directly through the applicable fishery management plans: the Endangered Species Act (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), the 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.), the National Historic Preservation Act (54 U.S.C. 300101 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703–712), and the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). These statutes provide sufficient enforceable mechanisms to properly manage the monument objects addressed in this proclamation. 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 listed species. The Marine Mammal Protection Act provides protections for marine mammals, and prohibits their taking, subject to some exceptions.
The document lists several other federal laws that provide enforceable protection for the areas, including the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA).
The ESA prevents actions that would jeopardize listed species, and the MMPA safeguards marine mammals.
The text asserts that these statutes, alongside the fishery management plans, provide adequate enforcement capability to manage conservation within the monuments.
Therefore, I find that certain monument-based prohibitions on commercial fishing are not necessary at this time for the proper care and management of the monuments or the objects of historic or scientific interest therein.
Based on the review of existing regulatory frameworks, the President officially declares that the specific prohibitions placed on commercial fishing related to the monument designations are currently unnecessary for ensuring the proper care of the monuments and their protected attributes.
Proclamation 10918 previously modified the Pacific Remote Islands Marine National Monument by providing, among other things, that the Secretary of Commerce shall not prohibit commercial fishing within specified Monument and Monument Expansion areas. Proclamation 10918 is modified to clarify that the proclamation itself removes monument-based prohibitions on commercial fishing and agency rulemaking is intended to amend or repeal inconsistent regulations.
This segment addresses a prior action, Proclamation 10918, which had already modified fishing rules for the Pacific Remote Islands Marine National Monument.
The current proclamation amends 10918 to make clear that it is the presidential action itself—not future agency steps—that removes the monument-based fishing prohibitions, and that subsequent rulemaking should focus on formally amending or repealing contradictory 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 proclaim that Proclamations 8031, 8335, 8337, and 9478 are modified to remove 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 seaward of 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 implementing regulations. Only United States flagged vessels shall be allowed to fish commercially within the boundaries of these monuments, except that permits may be issued to foreign flagged vessels to transport fish harvested by United States fishermen.
This is the enacting clause where the President exercises constitutional and statutory authority to modify four previous proclamations regarding the three marine monuments.
The specific modification removes commercial fishing bans in designated zones of the Mariana Trench, Papahānaumokuākea, and Rose Atoll monuments, provided the fishing aligns with existing management plans.
A key condition is established for the new access: only U.S. flagged vessels are permitted to fish commercially, though foreign vessels may be allowed to transport catches made by U.S. fishermen.
Nothing in this proclamation alters existing restrictions applicable 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. Such restrictions may be modified pursuant to applicable statutory and regulatory processes.
This paragraph serves as an exception clause, clarifying that previous fishing restrictions remain in force in specific, physically close areas: within 50 nautical miles of certain Northwestern Hawaiian Islands features and within 12 nautical miles of Rose Atoll.
Any future changes to these remaining close boundaries must follow standard statutory and regulatory procedures.
Commercial fishing conducted in areas of national monuments where such fishing was prohibited under previous proclamations shall remain subject to all applicable statutory and regulatory requirements, including under Magnuson-Stevens. The Secretary of Commerce shall amend or repeal existing regulations that are inconsistent with this proclamation’s removal of monument-based prohibitions on commercial fishing, including those within Papahānaumokuākea Marine National Sanctuary regulations. I further direct that the Secretary of Commerce shall assess whether discretion to enforce regulations that currently prohibit commercial fishing can be utilized in the interim to advance the policy outlined in this proclamation.
The proclamation mandates that all commercial fishing, even in the newly opened areas, must still comply with existing laws like the Magnuson-Stevens Act.
It directs the Secretary of Commerce to eliminate any existing regulations that conflict with this removal of monument-based prohibitions, specifically mentioning the Papahānaumokuākea Marine National Sanctuary rules.
Furthermore, the Secretary must evaluate whether existing discretionary enforcement authority can immediately support this new policy while formal regulatory repeal occurs.
To the extent that any provision of Proclamations 8031, 8335, 8337, 9478, or 10918 is inconsistent with this proclamation, the terms of this proclamation shall govern.
This is a standard legal clause ensuring hierarchy.
If any part of this new proclamation conflicts with any provision within the four previously cited proclamations (8031, 8335, 8337, 9478, or 10918), the terms of this latest proclamation take precedence.
If any provision of this proclamation is held to be invalid, the remainder of this proclamation shall not be affected thereby.
This clause addresses potential legal challenges.
It states that if a court invalidates any single part of this proclamation, the rest of the document will remain legally effective and unaffected by that ruling.
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
This concluding section provides the formal certification of the document.
It records the signing date as the eleventh day of June, 2026, and includes the signature of Donald J. Trump in his capacity as President.
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