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SPOTLIGHT
Trump poised to shrink or eliminate Papahānaumokuākea Marine Monument
A newly released document by the Justice Department outlines a legal argument that could provide the basis for the Trump administration’s reduction or elimination of the Papahānaumokuākea Marine National Monument. Trump had previously signaled interest in changing Papahānaumokuākea’s status during his first term, aligning this interest with a broader focus on economic development of the Pacific. Supporters of the move argue that development of Papahānaumokuākea is critical to U.S. self-sufficiency and security, especially as geopolitical tensions in the region mount.
Papahānaumokuākea Marine National Monument is the largest conservation area under federal protection in the United States. It encompasses the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, the Midway National Wildlife Refuge, the Hawaiian Islands National Wildlife Refuge, and the Battle of Midway National Memorial. The area is home to more than 7,000 marine species, including endangered and threatened species — among them, the Hawaiian monk seal, the green sea turtle, leatherback and hawksbill sea turtles, and various seabirds and plants.
Papahānaumokuākea also holds profound cultural significance for Native Hawaiians, who inhabited the islands for thousands of years prior to western contact. The region is considered sacred to Hawaiians, referenced in the Kumulipo creation chant as a place from which all life originates. There are sacred sites throughout the region, but the islands of Nihoa and Mokumanamana contain the largest share of archaeological remains that point to Hawaiian habitation and use. (A basalt artifact was also found on Papaʻāpoho in 1991.) For these reasons, Papahānaumokuākea resides on both national and state registers for historic places and is listed as a World Heritage site by the United Nations Educational Scientific and Cultural Organization (UNESCO).
“The monument holds tangible and intangible resources,” said Hawaiian scholar Kekuewa Kikiloi, a former cultural program coordinator for the monument. “A huge part of it is just the place itself and what it means to the Native Hawaiian people and our spiritual beliefs. It’s a huge part of our history, the story of our origins and afterlife. All of that place is sacred to us.”
The area also preserves remains from the Battle of Midway, a pivotal turning point in the Pacific theater during World War II. Although much of the fighting occurred north of Papahānaumokuākea, an intense air fight was waged over and around Kuaihelani and the monument preserves the wreckage of aircraft and ships from both sides of the fight.
Papahānaumokuākea was established by President George W. Bush in 2006, under an executive order citing authority from the Antiquities Act. It is this authority that is central to the legal argument for modifying the monument. The Antiquities Act empowers the president to designate national monuments on federal lands to provide legal protection of cultural and natural resources of historic or scientific interest. The Trump Justice Department argues that the act gives presidents the authority not just to establish, but also to modify national monuments — an authority past presidents from both parties have exercised without objection from Congress, which, to the administration, signals tacit congressional approval of the display of power. Opponents argue that the authority to modify or even reduce national monuments rests with Congress and that prior legislation governing public lands has asserted that authority.
The Justice Department also argues that the Antiquities Act gives the president discretion to determine the scale of a national monument, and that the parcel reserved for protection be the smallest area compatible with its proper care and management. If a president determines, then, that there either never were, or no longer are, objects to be protected on a given parcel, the smallest number of acres compatible with the proper care and management of such objects is zero, and the president would have the authority to eliminate the monument altogether.
Since May 2024, the National Oceanic and Atmospheric Administration (NOAA) and its partners have been conducting a series of expeditions on Okeanos Explorer to improve knowledge about unexplored and poorly understood deepwater areas of Hawaii and Johnston Atoll. The regions were first identified as a geographic priority area for exploration and sustainable development as an extension of Trump’s blue economy initiative. NOAA asserts that data collected in these expeditions will establish a baseline to catalyze further exploration, research, and management of the area, which will impact, among other avenues, future oil and gas activity, offshore wind development, commercial fishing, and deep sea mining. The expeditions will also provide a better understanding of the remains from the Battle of Midway, which will give clearer insight into its cultural and historical significance and inform future decisions about preservation. (The Justice Department document references historical instances in which public lands once reserved for military use were later recategorized, bolstering the argument that, as commander-in-chief, the president has the authority to determine a former military site’s cultural significance.)
There has been a renewed push for the Trump administration to revoke a ban on commercial fishing in Papahānaumokuākea, following its decision to reopen parts of the Pacific Islands Heritage Marine National Monument. The Office of Hawaiian Affairs and the Native Hawaiian Cultural Working Group (NHCWG) have publicly opposed the effort. (Prior to the designation of Papahānaumokuākea Marine National Monument, commercial fishing operations had led to declines in several key species.)
“Commercial extraction and locust-like behavior creating unbalance in the world is not Hawaiian. These protected, no-take areas are a contemporary Native Hawaiian solution to restoring balance from commercial extraction,” Pelika Andrade, a NHCWG member, said. “The protections of Papahānaumokuākea are only necessary because of how industries, like commercial fishing, have depleted our oceans. Our ultimate goal, as Native Hawaiians, is ʻāina momona, and what the [Western Pacific Regional Fishery Management Council] is proposing does not align with that.”
ʻAulani Wilhem, NHCWG member and former NOAA superintendent for Papahānaumokuākea reflects: “People would ask, ‘What are you protecting it from?’ And our answer was ‘That’s the wrong question. It’s about who and what are we protecting it for?’” Read more from our blog.
Papahānaumokuākea Marine National Monument is the largest conservation area under federal protection in the United States. It encompasses the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, the Midway National Wildlife Refuge, the Hawaiian Islands National Wildlife Refuge, and the Battle of Midway National Memorial. The area is home to more than 7,000 marine species, including endangered and threatened species — among them, the Hawaiian monk seal, the green sea turtle, leatherback and hawksbill sea turtles, and various seabirds and plants.
Papahānaumokuākea also holds profound cultural significance for Native Hawaiians, who inhabited the islands for thousands of years prior to western contact. The region is considered sacred to Hawaiians, referenced in the Kumulipo creation chant as a place from which all life originates. There are sacred sites throughout the region, but the islands of Nihoa and Mokumanamana contain the largest share of archaeological remains that point to Hawaiian habitation and use. (A basalt artifact was also found on Papaʻāpoho in 1991.) For these reasons, Papahānaumokuākea resides on both national and state registers for historic places and is listed as a World Heritage site by the United Nations Educational Scientific and Cultural Organization (UNESCO).
“The monument holds tangible and intangible resources,” said Hawaiian scholar Kekuewa Kikiloi, a former cultural program coordinator for the monument. “A huge part of it is just the place itself and what it means to the Native Hawaiian people and our spiritual beliefs. It’s a huge part of our history, the story of our origins and afterlife. All of that place is sacred to us.”
The area also preserves remains from the Battle of Midway, a pivotal turning point in the Pacific theater during World War II. Although much of the fighting occurred north of Papahānaumokuākea, an intense air fight was waged over and around Kuaihelani and the monument preserves the wreckage of aircraft and ships from both sides of the fight.
Papahānaumokuākea was established by President George W. Bush in 2006, under an executive order citing authority from the Antiquities Act. It is this authority that is central to the legal argument for modifying the monument. The Antiquities Act empowers the president to designate national monuments on federal lands to provide legal protection of cultural and natural resources of historic or scientific interest. The Trump Justice Department argues that the act gives presidents the authority not just to establish, but also to modify national monuments — an authority past presidents from both parties have exercised without objection from Congress, which, to the administration, signals tacit congressional approval of the display of power. Opponents argue that the authority to modify or even reduce national monuments rests with Congress and that prior legislation governing public lands has asserted that authority.
The Justice Department also argues that the Antiquities Act gives the president discretion to determine the scale of a national monument, and that the parcel reserved for protection be the smallest area compatible with its proper care and management. If a president determines, then, that there either never were, or no longer are, objects to be protected on a given parcel, the smallest number of acres compatible with the proper care and management of such objects is zero, and the president would have the authority to eliminate the monument altogether.
Since May 2024, the National Oceanic and Atmospheric Administration (NOAA) and its partners have been conducting a series of expeditions on Okeanos Explorer to improve knowledge about unexplored and poorly understood deepwater areas of Hawaii and Johnston Atoll. The regions were first identified as a geographic priority area for exploration and sustainable development as an extension of Trump’s blue economy initiative. NOAA asserts that data collected in these expeditions will establish a baseline to catalyze further exploration, research, and management of the area, which will impact, among other avenues, future oil and gas activity, offshore wind development, commercial fishing, and deep sea mining. The expeditions will also provide a better understanding of the remains from the Battle of Midway, which will give clearer insight into its cultural and historical significance and inform future decisions about preservation. (The Justice Department document references historical instances in which public lands once reserved for military use were later recategorized, bolstering the argument that, as commander-in-chief, the president has the authority to determine a former military site’s cultural significance.)
There has been a renewed push for the Trump administration to revoke a ban on commercial fishing in Papahānaumokuākea, following its decision to reopen parts of the Pacific Islands Heritage Marine National Monument. The Office of Hawaiian Affairs and the Native Hawaiian Cultural Working Group (NHCWG) have publicly opposed the effort. (Prior to the designation of Papahānaumokuākea Marine National Monument, commercial fishing operations had led to declines in several key species.)
“Commercial extraction and locust-like behavior creating unbalance in the world is not Hawaiian. These protected, no-take areas are a contemporary Native Hawaiian solution to restoring balance from commercial extraction,” Pelika Andrade, a NHCWG member, said. “The protections of Papahānaumokuākea are only necessary because of how industries, like commercial fishing, have depleted our oceans. Our ultimate goal, as Native Hawaiians, is ʻāina momona, and what the [Western Pacific Regional Fishery Management Council] is proposing does not align with that.”
ʻAulani Wilhem, NHCWG member and former NOAA superintendent for Papahānaumokuākea reflects: “People would ask, ‘What are you protecting it from?’ And our answer was ‘That’s the wrong question. It’s about who and what are we protecting it for?’” Read more from our blog.
"Lei o Hilo ka ua pē i ka uahi
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