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Hawaii Judge Orders Halt to Commercial Fishing in Pacific Islands Marine Monument

The ruling requires a formal public comment and rulemaking process under the Antiquities Act before any changes to the monument’s protections can proceed.

President Donald Trump participates in a trilateral signing ceremony with Armenian Prime Minister Nikol Pashinyan and Azerbaijan President Ilham Aliyev in the State Dining Room of the White House, Friday, Aug. 8, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Overview

  • U.S. District Judge Micah W. J. Smith granted an injunction on Friday stopping commercial fishing in waters 50 to 200 nautical miles around Johnston Atoll, Jarvis Island and Wake Island.
  • The court found President Trump’s April executive order bypassed the Antiquities Act’s notice-and-comment rulemaking when it opened portions of the monument to commercial harvesting.
  • The National Marine Fisheries Service must now follow a formal rulemaking procedure before issuing any new fishing permits within the protected area.
  • Earthjustice and Native Hawaiian plaintiffs argued that longline fishing threatens turtles, marine mammals, seabirds and Indigenous cultural, spiritual and subsistence interests.
  • The Pacific Islands Heritage Marine National Monument spans about 500,000 square miles in the central Pacific and was designated in 2009 before its 2014 expansion.