MONUMENTAL SEASCAPE MODIFICATION UNDER THE ANTIQUITIES ACT

This Article is the first to explore an alternate means to modify and protect existing national marine sanctuaries when Congress fails to do so. The 1972 National Marine Sanctuaries Act is the only federal legislation that provides for the designation of large-scale ocean areas for long-term protection and management. For nearly thirty years, it was customary for Congress to reauthorize the Act to meet the increasingly complex regulatory and stakeholder needs of sanctuary management—until now. Congress has not reauthorized the Act since 2000, and a pall of uncertainty has been cast over the National Marine Sanctuaries Program. The most pressing need for national marine sanctuaries is the development of a resourceful way to achieve conservation objectives despite this congressional inaction. The Antiquities Act, a century-old statute providing for the declaration of national monuments (which has been applied almost exclusively to dry land) may provide a useful tool to help maintain existing national marine sanctuaries until Congress is able to reauthorize the National Marine Sanctuaries Act.