August 28, 2017 — The future of the first Atlantic marine national monument will likely be decided in court. A lawsuit that challenges the designation of the Northeast Canyons and Seamounts Marine National Monument remains on hold, as fishermen’s groups wait to hear specific recommendations from Interior Secretary Ryan Zinke.
Zinke announced this week he would not recommend eliminating any national monuments, but he would propose some changes. Supporters of the marine monument off of Cape Cod say if any changes go through, they’ll mount a legal challenge.
The creation of the 5,000 square-mile monument on the edge of Georges Bank this past September closed the area to commercial fishing. Soon after, five fishing organizations across New England filed a lawsuit. The attorney who represents them, Jonathan Wood of the Pacific Legal Foundation, says the suit was put on hold while the monuments were under review.
“It remains on hold, and I suppose until we know what the president is going to do, it will stay on hold,” Wood says.
The lawsuit challenges the authority that President Obama used when he created the monument. Wood says federal law only allows presidents to designate monuments on land owned or controlled by the government.
“And the ocean, 100 miles from the United States, is obviously not land,” says Wood. “But it’s also not owned or controlled by the federal government.”