Magnuson-Stevens Act
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Overview
Oceana is campaigning to defend the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and promote responsible fishing policies that ensure a healthy future for ocean ecosystems and coastal economies. Working with scientists, fishermen, and other stakeholders, Oceana is building support for the law that has governed fisheries management for the past 50 years and led to the rebuilding of more than 50 fish populations since 2000.
What is the Magnuson-Stevens Act?
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New Magnuson-Stevens Act Passed
The Magnuson-Stevens Fishery Conservation and Management Act, or MSA, is the primary law that guides federal management of the nation’s fisheries in U.S. waters between three and 200 miles offshore. The MSA uses science-based management guided by regional experts to meet the requirements to end overfishing (catching too many fish, too fast), rebuild overfished fish populations that aren’t as abundant as they should be, identify and conserve fish habitat, and count and reduce bycatch. From shore out to three miles, fisheries are managed by individual states, in some cases in collaboration with federal fishery managers.
Why was the Magnuson-Stevens Act passed?
Before the Magnuson Stevens Act, U.S. and foreign fishermen competed for dwindling fish populations. As a result, many fisheries became severely overfished, meaning the fish populations dropped so low that they were no longer able to support sustainable fisheries. In response, in 1976, Congress passed the MSA to prevent the collapse of fisheries and to protect domestic fishermen from foreign competition.
How is the Magnuson-Stevens Act implemented?
NOAA Fisheries is the federal agency responsible for implementing this law. The agency works with eight U.S. regional fishery management councils that are established by the MSA. The regional councils develop and recommend fishery management plans that are reviewed, approved and implemented by NOAA Fisheries.
Legislative Changes to the Magnuson-Stevens Act
While the 1976 passage of the MSA successfully removed foreign fleets from U.S. waters, U.S. fishermen expanded operations and continued to fish unsustainably. Scientists and fisheries managers quickly realized that the MSA must be strengthened to prevent important fish populations from collapse and rebuild those that were already being overfished.
The Sustainable Fisheries Act
In 1996, Congress amended the MSA by passing the Sustainable Fisheries Act. The law requires fisheries managers to:
- Prevent overfishing and rebuild overfished species.
- Designate and protect essential fish habitats.
- Assess, minimize, and avoid bycatch in U.S. fisheries.
The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)
Ten years later, Congress updated the MSA (renamed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act), adding two provisions:
Annual Catch Limits
Each regional council must specify annual catch limits for nearly all stocks under its management as a maximum amount of catch that will support the long-term health of a fish population. The Annual Catch Limit (ACL) must follow scientific recommendations and cannot permit overfishing.
Accountability Measures
Regional councils must also establish accountability measures, or ways of enforcing annual catch limits. These include fishery closures to prevent limits from being exceeded and set responses if limits are exceeded. Many fisheries have onboard observers and electronic monitoring technologies to document catch levels and ensure accountability.
Has the Magnuson-Stevens Act been effective in ending overfishing?
Largely due to the MSA, most federally managed fish populations are no longer overfished and those that are now have rebuilding plans. To date, dozens of fish populations have been rebuilt, which helps support healthy ocean ecosystems and economically vital fisheries.
Oceana and our allies believe the law is critical for maintaining and advancing sustainable fisheries and any changes to the MSA should strengthen its conservation requirements, not weaken them.
Attacks against the Magnuson-Stevens Act
Since 2009, congressional attacks on the MSA have steadily increased. A number of bills have been introduced that would extend deadlines for rebuilding stocks, relax annual catch limits, weaken accountability measures, and limit the role of scientific advisors. Oceana and our allies believe the law is critical for maintaining and advancing sustainable fisheries.
Recent and excessive budget cuts proposed by the administration represent a fundamental threat to the successful implementation of the MSA and ultimately sustainable fisheries. Without adequate funding there will be less science to support management, which threatens the future of U.S. fisheries, risking overfishing and impacting ecosystems and coastal communities.
Fishery managers have already removed some fish populations from active management due to budget cuts. If funding and staffing are not restored, there will likely be more in the coming years. This means those species will no longer be subject to the rigorous federal catch limits and accountability measures required by the MSA, habitat protections will no longer be implemented, and bycatch will no longer be measured and reduced as required by the MSA. Since no state has strong requirements for conservation and management of fisheries, proposals to shift more management responsibility to the states will likely lead to overfishing, unaccountable fisheries, bycatch, and habitat degradation.
Oceana and our allies continue to urge the administration and Congress to fully fund NOAA to support full implementation of MSA guidelines for every U.S. managed fishery.
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