Unleashing American Commercial Fishing in the Pacific
Action Summary
- Background and Establishment: Reaffirms creation and expansion of the Pacific Remote Islands Marine National Monument (PRIMNM) under Proclamations 8336 (2009) and 9173 (2014), originally set aside to protect significant historic, scientific, and environmental resources.
- Current Restrictions and Challenges: Notes that the prohibition on commercial fishing in the PRIMNM has deprived U.S. fishermen of nearly half of the Exclusive Economic Zone in the Pacific, forcing them to compete with poorly regulated foreign fleets in international waters, which negatively impacts U.S. territories such as American Samoa.
- Scientific and Environmental Protections: Acknowledges that existing federal laws (e.g., Magnuson-Stevens Act, Endangered Species Act, Clean Water Act) already provide protections for marine species and habitats, and that managed commercial fishing would not risk the scientific or historic objects within the monument.
- Modification of Management Provisions: Deletes and replaces the “Management of the Marine National Monument” section in Proclamation 9173, assigning primary responsibility for fishery-related activities to the Secretary of Commerce (via NOAA) and the Secretary of the Interior, in coordination with the Secretary of Defense.
- New Fishing Regulations: Establishes that within 50 to 200 nautical miles of the monument’s landward boundaries (where PRIMNM and its expansion are coterminous with the U.S. Exclusive Economic Zone), commercial fishing may proceed under regulated conditions—most notably, only U.S.-flagged vessels can fish, with limited permits for foreign flagged vessels solely for transshipping.
- Regulatory Reforms: Directs the Secretary of Commerce, through NOAA, to promptly publish new proposed rules to amend or repeal regulations that unduly restrict commercial fishing in the PRIMNM.
- Preservation of Existing Protections: Clarifies that while commercial fishing restrictions are being adjusted, all other areas and protections established under Proclamations 8336 and 9173 remain unchanged and legally binding.
- National Interests: Reaffirms the commitment to preserving freedom of the seas and supporting U.S. national security interests, including the operational readiness of the U.S. Armed Forces.
Risks & Considerations
- The proclamation to allow commercial fishing in the Pacific Remote Islands Marine National Monument (PRIMNM) could lead to increased competition and potential overfishing, despite assurances of management by the National Marine Fisheries Service. This may impact marine biodiversity and the ecological balance of the region.
- There is a risk that the relaxation of fishing restrictions could lead to environmental degradation, affecting the conservation efforts previously established under Proclamations 8336 and 9173.
- The decision to permit commercial fishing may face legal challenges from environmental groups, potentially leading to litigation and regulatory uncertainty.
- Vanderbilt University, particularly its environmental and marine biology research programs, may need to consider the implications of these changes on research opportunities and collaborations in marine conservation.
Impacted Programs
- Vanderbilt’s Environmental Science and Marine Biology Programs may experience shifts in research focus or funding opportunities, as the changes in PRIMNM management could alter the landscape of marine conservation research.
- The Office of Research might need to reassess partnerships and funding strategies related to marine and environmental studies, particularly if federal priorities shift towards commercial exploitation of marine resources.
- Vanderbilt’s Law School could see increased interest in environmental law and policy, as students and faculty engage with the legal implications of the proclamation and its impact on conservation efforts.
Financial Impact
- The opening of PRIMNM to commercial fishing could lead to changes in federal funding allocations for marine conservation research, potentially affecting grants and financial support for related projects at Vanderbilt.
- There may be opportunities for Vanderbilt to secure funding for research on sustainable fishing practices and the socio-economic impacts of commercial fishing in the Pacific, aligning with national priorities.
- Vanderbilt’s involvement in marine conservation initiatives may need to adapt to the new regulatory environment, potentially impacting the university’s financial and strategic planning in this area.
Relevance Score: 3 (The proclamation presents moderate risks involving compliance and potential legal challenges, impacting research and conservation efforts.)
Key Actions
- Vanderbilt’s Environmental Law and Policy Program should analyze the implications of the changes in commercial fishing regulations within the Pacific Remote Islands Marine National Monument. This analysis can provide insights into the potential environmental impacts and legal challenges that may arise, offering a basis for academic research and policy recommendations.
- The Vanderbilt Institute for Energy and Environment could explore research opportunities related to the management of marine ecosystems and the impact of commercial fishing on biodiversity. This could lead to collaborative projects with federal agencies or other academic institutions focused on sustainable fishing practices and marine conservation.
- Vanderbilt’s Office of Federal Relations should monitor developments in federal regulations concerning commercial fishing and engage with policymakers to ensure that the university’s research and educational interests are represented in discussions about marine resource management.
- The Department of Earth and Environmental Sciences might consider developing educational programs or courses that focus on marine conservation, fisheries management, and the legal frameworks governing marine protected areas. This could enhance the university’s curriculum and attract students interested in environmental science and policy.
Opportunities
- The executive order presents an opportunity for Vanderbilt’s Marine Biology Program to expand its research on the ecological impacts of commercial fishing in protected marine areas. By leveraging its expertise, the program can contribute to the development of sustainable fishing practices and influence policy decisions.
- Vanderbilt can capitalize on the increased focus on marine resource management by developing partnerships with governmental and non-governmental organizations involved in marine conservation. This could include joint research initiatives, student internships, and collaborative projects that enhance Vanderbilt’s reputation in environmental science.
- The emphasis on preserving the freedom of the seas and protecting national interests aligns with Vanderbilt’s commitment to global engagement. The university can develop outreach and support programs for students and researchers interested in international maritime law and policy, enhancing their educational opportunities and success.
Relevance Score: 3 (The order presents some adjustments needed to processes or procedures related to environmental research and policy engagement.)
Timeline for Implementation
N/A – No explicit deadlines or specific timeframes for implementation are provided in the proclamation.
Relevance Score: 1
Impacted Government Organizations
- Department of the Interior: Tasked with the primary management of the PRIMNM and its Monument Expansion, ensuring the conservation of historic, scientific, and natural resources.
- Department of Commerce: Responsible for overseeing commercial fishing regulations within the PRIMNM and Monument Expansion through the Administrator of NOAA and coordination with the Secretary of Defense.
- National Oceanic and Atmospheric Administration (NOAA): Plays a critical role in publishing new proposed rules to amend or repeal regulations affecting commercial fishing, acting under the authority of the Secretary of Commerce.
- National Marine Fisheries Service: Charged with the effective management of fisheries in the Pacific region to safeguard migratory fish species and support sustainable fishing practices.
- Western Pacific Regional Fishery Management Council: Involved in the effective management of regional fishery resources by working collaboratively with NOAA and other agencies.
- Department of Defense: Collaborates with the Department of Commerce on the regulation of commercial fishing to protect national security and ensure the freedom of the seas.
Relevance Score: 3 (A moderate number of Federal agencies are impacted by the proclamation.)
Responsible Officials
- Secretary of the Interior – Responsible for managing the Monument Expansion and ensuring proper care of the PRIMNM in consultation with the Secretary of Commerce.
- Secretary of Commerce – Charged with overseeing fishery-related activities within the Monument Expansion through the Administrator of NOAA, coordinating with the Secretary of the Interior, and implementing changes in commercial fishing regulations.
- Administrator of the National Oceanic and Atmospheric Administration (NOAA) – Tasked with expeditiously publishing proposed rules to amend or repeal regulations affecting commercial fishing in the PRIMNM.
- Secretary of Defense – Involved in coordination for the implementation of commercial fishing regulations and continues management responsibilities over Wake Island and Johnston Atoll as specified in previous proclamations.
Relevance Score: 5 (Directives impact multiple Cabinet-level officials responsible for high-level national resource management and regulatory actions.)
