Hawaii Blocks Trump Order to Allow Fishing in Pacific Marine Monument

Native Hawaiian Groups Win Lawsuit

One of the world’s largest marine protected areas almost lost its fishing ban in 2025.

President Trump signed an order in April to open parts of the Pacific Islands Heritage Marine National Monument to commercial fishing, and longline boats moved in within days.

But a federal judge in Honolulu shut it down three months later after Native Hawaiian cultural practitioners and environmental groups sued.

The case hinges on a century-old law and a family connection that stretches back to the 1930s.

Trump Signed Order in April

On April 17, 2025, President Trump issued a proclamation titled “Unleashing American Commercial Fishing in the Pacific.”

He argued that existing federal regulations already protected marine life and that American fishermen had been put at a disadvantage against foreign fleets.

The order targeted waters between 50 and 200 nautical miles around Johnston Atoll, Jarvis Island, and Wake Island.

Eight days later, the National Marine Fisheries Service sent letters to permit holders telling them the area was open.

Longline Boats Rushed In

Hawaii-based longline fishing vessels wasted no time.

Tracking data showed boats converging on Johnston Atoll almost immediately after the fisheries service gave the green light.

These commercial operations target tuna and other pelagic species using lines that can stretch 60 miles or more, with thousands of baited hooks trailing behind.

Conservationists watched the boats enter waters that had been off-limits for more than a decade.

Three Groups Filed Suit

In May 2025, Earthjustice filed a lawsuit on behalf of three plaintiffs: Kapaa, a group of Native Hawaiian cultural practitioners from Kauai; the Conservation Council for Hawaii; and the Center for Biological Diversity.

They argued that Trump’s proclamation was illegal under the Antiquities Act of 1906 and that the fisheries service had bypassed required public comment before authorizing fishing. The case landed in the U.S. District Court in Honolulu.

Kahoohalahala’s Family Ties to the Islands

Solomon Pili Kahoohalahala, a founding member of Kapaa and chair of the Pacific Islands Heritage Coalition, has a personal connection to these remote islands.

His uncle was among the Hui Panalaau, about 130 young Hawaiian men recruited in the 1930s to live on uninhabited Pacific islands so the U.S. could claim them as territories. Most were Kamehameha Schools graduates.

Three died during the mission, including two killed by Japanese bombers the day after Pearl Harbor.

The Monument Spans 490,000 Square Miles

The Pacific Islands Heritage Marine National Monument covers an area nearly five times the size of all U.S. national parks combined.

Seven national wildlife refuges sit within its boundaries: Howland, Baker, and Jarvis Islands, plus Johnston, Wake, and Palmyra Atolls, and Kingman Reef.

The waters hold 165 known seamounts, ancient coral forests, leatherback sea turtles, giant clams that grow four feet long, and reef sharks in numbers rarely seen anywhere else on Earth.

Bush Created It, Obama Expanded It

President George W. Bush established the monument in January 2009, setting a 50-nautical-mile boundary around the islands.

In September 2014, President Obama expanded it, pushing the commercial fishing ban out to 200 nautical miles around Jarvis Island, Wake Island, and Johnston Atoll.

In January 2025, President Biden renamed it from the Pacific Remote Islands Marine National Monument to honor the region’s Indigenous heritage and the young Hawaiian men who colonized the islands.

Longline Fishing Kills More Than Tuna

Commercial longline fishing has one of the highest bycatch rates of any fishing method. Lines with thousands of hooks catch far more than the intended tuna and swordfish.

Sea turtles swallow the hooks and die. Sharks get caught and often cannot survive even if released.

Seabirds dive for the bait and drown.

Research shows that populations of sharks, seabirds, and sea turtles in the Western Pacific have declined by 70 percent or more, and bycatch is a major reason.

Can a President Shrink a Monument?

The Antiquities Act lets presidents create national monuments, but it says nothing about removing them.

No court has ever definitively ruled on whether a president can shrink or eliminate protections that a predecessor put in place. Legal scholars argue that only Congress has that power.

The Trump administration’s Justice Department issued an opinion in 2025 saying presidents can abolish monuments entirely, but that interpretation has not been tested at the Supreme Court.

Judge Smith Ruled the Process Was Illegal

On August 8, 2025, U.S. District Judge Micah Smith issued a summary judgment in favor of the plaintiffs.

He found that the National Marine Fisheries Service had changed fishing regulations without following the Magnuson-Stevens Act, which requires public notice and a comment period before any rule changes take effect.

The court declared the April 25 letter to permit holders unlawful and vacated it. Commercial fishing in the monument expansion area was ordered to stop immediately.

Fishing Boats Have Left

By mid-August 2025, tracking data showed that commercial fishing vessels had vacated the protected waters around Johnston Atoll, Jarvis Island, and Wake Island.

Kahoohalahala called the ruling a victory for future generations. But the case is not over.

The court scheduled a conference for October 6 to set a timeline for resolving the larger constitutional question: whether Trump’s proclamation itself was legal under the Antiquities Act.

The Fight Continues in October

The August ruling stopped the fishing, but it did not settle the core dispute.

Earthjustice and its clients still want the court to rule that Trump exceeded his authority under the Antiquities Act when he tried to strip protections from the monument.

If they win that argument, it could set a precedent limiting any president’s ability to undo a predecessor’s conservation decisions.

For now, the sharks, turtles, and seabirds of the Pacific Islands Heritage Marine National Monument have a reprieve.

Visiting Pacific Islands Heritage Marine National Monument, Hawaii

The monument that sparked this legal battle is one of the most remote places on Earth, and visiting it takes serious planning.

Palmyra Atoll is the only refuge open to recreational visitors, and you need a Special Use Permit from the U.S. Fish and Wildlife Service. The Nature Conservancy owns the only airstrip and runs a small research station.

By boat, it takes five to seven days from Honolulu.

All other refuges in the monument are closed to the public except for approved researchers and educators.

This article was created with AI assistance and human editing.

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