National Wildlife Refuge
On January 18, 2001, the Secretary of the Interior signed an order designating Palmyra’s tidal lands, submerged lands, and surrounding waters out to 12 nautical miles (22 km) from the water’s edge as a National Wildlife Refuge. Subsequently, the Department of the Interior published a regulation providing for the management of the refuge. 66 Fed. Reg. 7660-01 (January 24, 2001). The regulation states, in pertinent part, as follows:
"We will close the refuge to commercial fishing but will permit a low level of compatible recreational fishing for bonefishing and deep water sportfishing under programs that we will carefully manage to ensure compatibility with refuge purposes. . . . Management actions will include protection of the refuge waters and wildlife from commercial fishing activities."
In March 2003, The Nature Conservancy conveyed 416 acres (1.68 km2) of the emergent land of Palmyra to the United States to be included in the refuge. It subsequently added 28 more acres to the conveyance.
In January 2007, commercial fishing interests sued the United States in the Court of Federal Claims alleging that, under the Takings Clause, the Interior Department regulation had “directly confiscated, taken, and rendered wholly and completely worthless” their purported property interests. The United States filed a motion to dismiss the lawsuit, and the court granted the motion. On April 9, 2009, the court's decision was affirmed by the Court of Appeals for the Federal Circuit.
As of July 2009, limited visits to the refuge are allowed, including by private recreational sailboat or motorboat. Visits must have prior approval, with access to Cooper Island arranged through the Nature Conservancy.
Read more about this topic: Palmyra Atoll
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