The Magnuson–Stevens Fishery Conservation and Management Act (MSFCMA), commonly referred to as the Magnuson–Stevens Act (MSA), is the legislation providing for the management of marine fisheries in U.S. waters. Originally enacted in 1976 to assert control of foreign fisheries that were operating within 200 nautical miles off the U.S. coast, the legislation has since been amended, in 1996 and 2007, to better address the twin problems of overfishing and overcapacity (i.e., too much fishing power). These ecological and economic problems arose in the domestic fishing industry as it grew to fill the vacuum left by departing foreign fishing fleets. Eight regional fishery management councils, composed of representatives of the fishing industry and state fishery officials, prepare fishery management plans for approval and implementation by the National Marine Fisheries Service (NMFS), which is an agency within the National Oceanic and Atmospheric Administration (NOAA), a part of the Department of Commerce. The plans are amended frequently to adjust management policies and measures to changes in fish stock abundance and to meet the goals of the MSA as they are revised by the Congress. Acting on behalf of the Secretary of Commerce, who is responsible for implementing the MSA's mandates, the NOAA administrator must determine whether a council's proposed plan amendment or adjustment meets the MSA's National Standards. These standards require that management measures actually prevent overfishing, are based on the best scientific information available, and are fair and equitable. If allocations of allowable catches are necessary to prevent overfishing or rebuild overfished stocks, such allocation schemes do not allow sectors of the industry to obtain an excessive share.
Background The Magnuson–Stevens Fishery Conservation and Management Act is the primary law governing marine fisheries management in United States federal waters. The law is named after U.S. Senators Warren G. Magnuson of Washington state and Ted Stevens of Alaska, who sponsored the Senate bill, S. 200, that eventually was enacted. The Magnuson–Stevens Act was originally enacted as the Fishery Conservation and Management Act of 1976. The U.S. House of Representatives bill, H.R. 200, was introduced by Representative Gerry Studds (D-Mass), who obtained bipartisan support for the bill from Rep. Don Young (R-Alaska) through common concern over the fishing power of the foreign fleets operating off their respective coasts. Their goal was to extend the exclusive fisheries zone of the U.S. from 12 to 200 nautical miles from the coastline. Opposed by national security and foreign relations officials in the White House, the 94th United States Congress nevertheless enacted the bill, and it was signed into law by the 38th President of the United States Gerald Ford on April 13, 1976. The final version of the law, Public Law 94-265, extended fisheries jurisdiction to 200 miles. It also created eight regional fishery management councils to assist the Secretary of Commerce in managing the fisheries of the United States. The role included advising the Secretary of State whether foreign fishing fleets could have access to fish stocks that U.S. fishermen did not have the capacity to harvest. The United States fishery management law has been amended many times over the years. Two major recent sets of amendments to the law were the Sustainable Fisheries Act of 1996, and then 10 years later the Magnuson–Stevens Fishery Conservation and Management Reauthorization Act of 2006. In short, the goal of these amendments was to require the regional councils and the Secretary of Commerce to identify overfished stocks and to rebuild them in as short a time as possible.
Purpose The MSFCMA was enacted to promote the U.S. fishing industry's optimal exploitation of coastal fisheries by "consolidating control over territorial waters" and establishing eight regional councils to manage fish stocks. The act has been amended several times in response to continued overfishing of major stocks. The most recent version, authorized in 2007, includes seven purposes:
Acting to conserve fishery resources Supporting enforcement of international fishing agreements Promoting fishing in line with conservation principles Providing for the implementation of fishery management plans (FMPs) which achieve optimal yield Establishing Regional Fishery Management Councils to steward fishery resources through the preparation, monitoring, and revising of plans which (A) enable stake holders to participate in the administration of fisheries and (B) consider social and economic needs of states. Developing underutilized fisheries Protecting essential fish habitats Additionally, the law calls for reducing bycatch and establishing fishery information monitoring systems.
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