04-22-2025

Unleashing American Commercial Fishing in the Pacific

ProclamationView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Proclamation 10918, issued on April 17, 2025, lifts the ban on commercial fishing within specific areas of the Pacific Remote Islands Marine National Monument (PRIMNM). It allows U.S.-flagged vessels to fish in the zone between 50 and 200 nautical miles from the monument's land boundaries.

Money: There is no specific Congressional Budget Office (CBO) score for this proclamation. The stated goal is to bolster the U.S. fishing industry and the economy of American Samoa, which is over 80% dependent on fishing. The tuna industry in American Samoa, including the StarKist cannery, is a major employer and contributes significantly to the territory's economy.

Your Impact: For the average American, the direct impact is minimal. However, it could affect the price and availability of American-caught tuna. For those in the U.S. fishing industry, particularly in the Pacific, and for the economy of American Samoa, the impact is significant, potentially increasing fishing opportunities and economic activity.

Status: Issued by the President on April 17, 2025, and scheduled for publication in the Federal Register on April 22, 2025.

What's Actually in the Bill

This proclamation modifies previous proclamations to reopen over 400,000 square miles of the Pacific Ocean to commercial fishing. It asserts that a ban on commercial fishing is not necessary for the care and management of the historical and scientific objects within the Pacific Remote Islands Marine National Monument (PRIMNM). The proclamation argues that existing laws sufficiently protect marine life and that the migratory nature of tuna means the fishing ban does little to prevent overfishing.

Core Provisions:

  • Lifts the prohibition on commercial fishing in areas of the PRIMNM that are between 50 to 200 nautical miles from the landward boundaries of the Monument.
  • Only United States-flagged vessels are permitted to fish commercially within these boundaries.
  • Foreign-flagged vessels may be issued permits to transship fish harvested by U.S. fishermen.
  • The Secretary of Commerce is directed to publish new rules to amend or repeal regulations that restrict commercial fishing in the PRIMNM.
  • Management of fishery-related activities will be the primary responsibility of the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA).

Stated Purpose (from the Sponsors):

  1. To support American fishing fleets that have lost access to significant fishing grounds.
  2. To allow U.S. fishermen to compete more effectively against "poorly regulated and highly subsidized foreign fleets."
  3. To bolster the economy of U.S. territories like American Samoa, whose private sector is heavily dependent on the fishing industry.

Key Facts:

Affected Sectors: Commercial Fishing, Seafood Processing.
Timeline: The proclamation was signed on April 17, 2025. The Secretary of Commerce is directed to "expeditiously" propose new rules.
Scope: The proclamation applies to the Pacific Remote Islands Marine National Monument, specifically the waters between 50 and 200 nautical miles from the shores of Wake, Baker, Howland, and Jarvis Islands; Johnston and Palmyra Atolls; and Kingman Reef.

The Backstory: How We Got Here

Timeline of Events:

Era of Marine Conservation (2009-2014):

  • January 6, 2009: President George W. Bush issued Proclamation 8336, establishing the Pacific Remote Islands Marine National Monument (PRIMNM). The monument covered approximately 87,000 square miles and was created to protect the area's unique marine ecosystems. Commercial fishing was prohibited within its boundaries.
  • September 25, 2014: President Barack Obama issued Proclamation 9173, expanding the PRIMNM. This expansion added over 300,000 square miles to the monument, extending protections to the full 200-nautical-mile limit of the U.S. Exclusive Economic Zone around Jarvis and Wake Islands and Johnston Atoll. The commercial fishing ban was extended to these new areas.

Why Now? The Political Calculus:

  • The proclamation is framed as part of an "America First Fishing Policy," aiming to reduce regulatory burdens on American industries.
  • There has been persistent economic pressure from the U.S. fishing industry and officials in American Samoa, who argue the monument closures have crippled their economy by forcing U.S. fleets to fish in more distant, competitive, and less-regulated international waters.
  • The proclamation asserts that existing federal laws like the Magnuson-Stevens Act and the Endangered Species Act already provide sufficient environmental protection, making the complete fishing ban within the monument redundant.

Your Real-World Impact

The Direct Answer: This directly affects the U.S. commercial fishing industry in the Pacific and the economy of American Samoa, with potential indirect effects on consumers of American-caught tuna.

What Could Change for You:

Potential Benefits:

  • U.S. commercial fishing fleets regain access to significant fishing grounds, which could increase their catch and revenue.
  • The economy of American Samoa, which is heavily reliant on the tuna industry, may see a boost in jobs and economic activity.
  • Potentially greater availability of tuna compliant with "Buy American" standards for U.S. military and school lunch programs.

Possible Disruptions or Costs:

Short-term (1-3 years):

  • Environmental groups have raised concerns that reopening the area to commercial fishing could harm fragile marine ecosystems and protected species.

Long-term:

  • There could be a long-term impact on the populations of tuna and other marine species if fishing is not managed sustainably. Environmental organizations argue that "no-take" zones are crucial for the resilience of ocean ecosystems.

Who's Most Affected:

Primary Groups: Commercial fishermen operating in the Pacific, the tuna canning industry in American Samoa, and residents of American Samoa.
Secondary Groups: Environmental and conservation organizations, seafood consumers, and government agencies responsible for fisheries management.
Regional Impact: The most significant impact will be felt in the U.S. Pacific territories, particularly American Samoa.

Bottom Line: This proclamation prioritizes economic opportunities for the U.S. fishing industry over the maintenance of a large, fully protected marine reserve.

Where the Parties Stand

Republican Position: "Unleashing American Opportunity"

Core Stance: Generally supportive, viewing the proclamation as a necessary correction to burdensome regulations that harm American businesses and workers.

Their Arguments:

  • ✓ It empowers American fishermen and allows them to compete fairly with foreign fleets.
  • ✓ It supports the economy of American Samoa, a U.S. territory.
  • ✓ It rightly asserts that existing environmental laws are sufficient to protect marine resources without a complete ban on fishing.

Legislative Strategy: Supporting the executive action and likely opposing any legislative or legal attempts to reverse it.

Democratic Position: "Protecting Our Oceans"

Core Stance: Generally opposed, viewing the proclamation as an attack on environmental protections and an overreach of executive authority.

Their Arguments:

  • ✓ Support for the original establishment and expansion of the monument to protect fragile ecosystems and biodiversity.
  • ⚠️ Concerns that rolling back protections will harm marine life and undermine conservation efforts.
  • ✗ The President does not have the legal authority under the Antiquities Act to diminish a national monument established by a previous administration.

Legislative Strategy: Likely to support legal challenges against the proclamation and potentially introduce legislation to codify the monument's protections.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The proclamation is made under the authority of the Antiquities Act of 1906.

Relevant Portion of the Constitution: The Property Clause (Article IV, Section 3, Clause 2) gives Congress the power "to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States."

Constitutional Implications:

[Legal Principle]: The central legal question is whether the Antiquities Act, which grants the President authority to create national monuments, also implies the authority to modify or revoke them.
[Precedent]: Courts have generally upheld a president's authority to create monuments but have not definitively ruled on whether a president can undo a predecessor's monument designation. Past presidents have reduced the size of some monuments, but no president has ever completely abolished one by proclamation. The Federal Land Policy and Management Act of 1976 (FLPMA) explicitly prohibits the Secretary of the Interior from modifying or revoking national monuments, reserving that power for Congress.
[Federalism]: This action primarily involves federal lands and waters, so direct federalism concerns are minimal.

Potential Legal Challenges:

Legal challenges are highly likely from environmental and conservation groups. These lawsuits will likely argue that the President has exceeded his authority under the Antiquities Act and that only Congress has the power to diminish or abolish a national monument. A similar proclamation by President Trump concerning the Northeast Canyons and Seamounts Marine National Monument was met with legal challenges.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support Proclamation 10918 and the reopening of the Pacific Remote Islands Marine National Monument to commercial fishing."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House Committee on Natural Resources and the Senate Committee on Commerce, Science, and Transportation to express your support.
  • Join an Organization: Groups like the National Coalition for Fishing Communities and Saving Seafood advocate for the interests of commercial fishing.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose Proclamation 10918 and support the protection of the Pacific Remote Islands Marine National Monument."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper outlining your opposition to the proclamation and the importance of marine protected areas.
  • Join an Organization: Groups like the Natural Resources Defense Council (NRDC), the Center for Biological Diversity, and the Conservation Law Foundation have actively opposed similar actions.