Magnuson–Stevens Fishery Conservation and Management Act

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 Originally enacted in 1976 to assert control of foreign fisheries that were operating within 200 nautical miles off the U.S. coast, the legislation has since been amended, in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.