Magnuson–Stevens Fishery Conservation and Management Act

Scope

First passed in 1976, the MSA fosters the long-term biological and economic sustainability of marine fisheries. Its objectives include:

Regulatory citations

• None

Key definitions

• Anadromous species: A species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
• Bycatch: Fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
• Continental shelf: The seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.

Summary of requirements

The Magnuson-Stevens Fishery Conservation and Management Act (FCMA), as amended established:

• A fishery conservation zone between the territorial seas of the United States and 200 nautical miles offshore.
• An exclusive U.S. fishery management authority over fish within the fishery conservation zone (excluding highly migratory species).
• Regulations for foreign fishing within the fishery conservation zone through international fishery agreements, permits, and import prohibitions.
• National standards for fishery conservation and management and eight regional fishery management councils to apply those national standards in fishery management plans.

Congress enacted the 1996 amendments to the Act, known as the Sustainable Fisheries Act (SFA), to address the substantially reduced fish stocks that declined as a result of direct and indirect habitat loss. The SFA requires that BOEM and other agencies consult with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service concerning actions that may adversely impact Essential Fish Habitat (EFH).

In 2007, President Bush signed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. It mandates the use of annual catch limits and accountability measures to end overfishing, provides for fishery management by a limited access program, and calls for increased international cooperation.

The MSA Reauthorization Act of 2007 further refined and strengthened fisheries science, management, and conservation:

• Established annual catch limits and accountability measures.
• Promoted market-based management strategies, including limited access privilege programs, such as catch shares.
• Strengthened the role of science through peer review, the scientific and statistical committees, and the Marine Recreational Information Program.
• Enhanced international cooperation by addressing illegal, unregulated, and unreported fishing and bycatch.

Under the MSA, we are ending overfishing and rebuilding stocks, which strengthens the value of fisheries to our economy and marine ecosystems. On December 31, 2018, the Magnuson–Stevens Act was amended by the Modernizing Recreational Fisheries Management Act. The Modern Fish Act focuses on improvements to recreational fishing data and management of mixed-use fisheries. The law includes requirements for new reports, studies, and guidance related to fisheries management and science.