Sunday, December 22, 2024

Federal Government Proposes Expansion of the Papahānaumokuākea National Marine Sanctuary

The Final Environmental Impact Statement (FEIS) for the proposed designation of the Papahānaumokuākea National Marine Sanctuary emphasizes both ecological and cultural stewardship and reflects the strategic geopolitical considerations of expanding federal oversight in the Pacific. By formalizing protections for the Northwestern Hawaiian Islands under the National Marine Sanctuaries Act (NMSA), the federal government strengthens its presence in a region of increasing global significance while respecting state sovereignty.

The proposed sanctuary encompassed in Alternative 1 (the preferred alternative) is approximately 582,570 square miles (439,910 square nmi). It would be one of the largest marine protected areas globally. This expansion coincides with U.S. efforts to reinforce its strategic position in the Pacific, countering the growing influence of nations like China. Papahānaumokuākea lies at the nexus of U.S. Pacific territories, linking Hawaiʻi, Guam, and broader maritime security interests. By invoking the NMSA, the federal government enhances its capacity to regulate illegal fishing, resource extraction, and unauthorized vessel traffic, affirming its stewardship over a significant portion of the Exclusive Economic Zone (EEZ).

Portions of the area now known as Papahānaumokuākea have been federally protected in some form since 1903, when President Theodore Roosevelt first placed Midway Atoll under the control of the Navy. Management of Papahānaumokuākea and its boundaries were further addressed by Presidents Clinton (Executive Orders 13158 and 13196), Bush (Presidential Proclamations 8031 and 8112), and Obama (Presidential Proclamation 9478). Under a Memorandum of Agreement entered into in 2017, the Monument is administered jointly by four co-trustees—the Department of Commerce (including NOAA), the Department of the Interior, the State of Hawaiʻi (including the Department of Land and Natural Resources), and the Office of Hawaiian Affairs.

Papahānaumokuākea demonstrates U.S. leadership in marine conservation, aligning with international agreements like the United Nations Convention on Biological Diversity. The sanctuary sets a benchmark for sustainable resource management and underscores the U.S.’s commitment to preserving indigenous and cultural heritage. By integrating Native Hawaiian practices into its management, the U.S. bolsters its reputation as a partner that respects cultural and environmental priorities in regions where local relationships are critical to strategic goals.

The FEIS carefully navigates federal expansion while respecting state sovereignty and local concerns. State officials opposed extending sanctuary boundaries toward the main Hawaiian Islands, citing limited community support. Keeping the eastern boundary at Nihoa Island reflects the federal government’s commitment to preserving the State of Hawaiʻi’s marine jurisdiction and protecting traditional and commercial fishing practices near the main islands. This balance ensures collaboration between federal, state, and local stakeholders.

The proposed Papahānaumokuākea National Marine Sanctuary highlights the federal government’s strategic role in marine conservation and maritime security in a geopolitically significant region. By reinforcing protections within the Northwestern Hawaiian Islands, the U.S. enhances its environmental leadership while respecting state sovereignty and community needs. This approach provides a model for balancing conservation and geopolitical strategy.

For more insights on this and other legal developments, visit hawaiilanduselaw.com

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