Magnuson-Stevens Fishery Conservation & Management Act

The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §§ 1801–1891d) is the primary law governing marine fisheries in the United States — controlling what can be caught, how much, when, where, and by whom in federal waters extending from 3 to 200 nautical miles offshore (the Exclusive Economic Zone). First enacted in 1976 to push out foreign fishing fleets and assert U.S. sovereignty over ocean fish stocks, Magnuson-Stevens now focuses on preventing overfishing, rebuilding depleted stocks, and managing fisheries sustainably through a system of eight Regional Fishery Management Councils that develop fishery management plans under NOAA Fisheries oversight. The Act requires science-based annual catch limits, prohibits overfishing, and has been credited with rebuilding 47 fish stocks since 2000 — one of the most successful conservation programs in federal law.

Current Law (2026)

Legal Authority

• 16 U.S.C. § 1801 — Findings, purposes, and policy (establishes national policy to conserve and manage fishery resources; prevent overfishing; rebuild overfished stocks; and ensure U.S. fishing industry benefits)
• 16 U.S.C. § 1811 — U.S. sovereign rights (asserts exclusive fishery management authority within the EEZ, 3–200 nautical miles from shore)
• 16 U.S.C. § 1851 — National standards (10 standards governing all fishery management: prevent overfishing while achieving optimum yield; use the best available science; manage stocks as units throughout their range; do not discriminate among residents of different states; promote efficiency; account for variations among fisheries; minimize bycatch; support fishing communities; minimize safety hazards; be consistent with national standards)
• 16 U.S.C. § 1852 — Regional Fishery Management Councils (creates 8 regional councils — New England, Mid-Atlantic, South Atlantic, Gulf of Mexico, Caribbean, Pacific, North Pacific, and Western Pacific — each with voting members from constituent states, NOAA, and at-large appointees)
• 16 U.S.C. § 1853 — Contents of fishery management plans (plans must include conservation measures, catch limits, permit requirements, data collection, and essential fish habitat descriptions)
• 16 U.S.C. § 1854 — Action by Secretary (Secretary of Commerce reviews and approves council plans; must reject plans that are inconsistent with national standards)
• 16 U.S.C. § 1812 — Highly migratory species (for species that move across EEZ boundaries, the U.S. must work with other countries and international organizations — ICCAT, WCPFC, IATTC — to ensure consistent management; the U.S. may not adopt measures for HMS unless international cooperation is pursued)
• 16 U.S.C. § 1855 — Other requirements and authority (Secretary must publish a public list of every managed fishery and the gear used; must conduct observer programs to collect catch data; may impose emergency regulations for up to 90 days when a fishery faces imminent collapse)
• 16 U.S.C. § 1856 — State jurisdiction (states retain full fishery management authority within state waters; in federal waters, states may apply their laws to their vessels if the Secretary approves; NOAA may preempt state regulations only when they undermine federal fishery management plans)
• 16 U.S.C. § 1857 — Prohibited acts (illegal to violate fishery regulations, fish without permits, interfere with enforcement, submit false information)

How It Works

The council system is Magnuson-Stevens's signature governance structure. Eight Regional Fishery Management Councils develop fishery management plans (FMPs) for the fish stocks in their geographic area. Each council includes the NOAA regional administrator, state fishery agency heads from constituent states, and at-large members appointed by the Secretary of Commerce from nominations by state governors — typically commercial and recreational fishermen, scientists, and environmental representatives. This structure gives fishing communities a direct voice in management, but also creates tension between conservation science and economic interests.

Fishery management plans are the regulatory instruments. Each plan must specify: the fish stock or stocks covered; annual catch limits designed to prevent overfishing; the allocation of catch among commercial, recreational, and subsistence sectors; permitting requirements; gear restrictions; seasonal and area closures; bycatch minimization measures; and essential fish habitat protections. Plans must be consistent with the 10 national standards, particularly the mandate to prevent overfishing while achieving optimum yield — the amount of fish that provides the greatest benefit to the nation, accounting for food production, recreation, and ecological factors.

The 2006 reauthorization added the strongest conservation mandates. It required annual catch limits (ACLs) and accountability measures for every managed fishery — meaning if a catch limit is exceeded, the overage must be accounted for in subsequent years. It mandated that overfishing be ended immediately when identified, and that overfished stocks be rebuilt within 10 years (with limited extensions for biological reasons). These requirements transformed U.S. fishery management from aspirational to binding.

Essential fish habitat (EFH) provisions require every FMP to identify and describe the waters and substrate necessary for fish spawning, breeding, feeding, and growth — habitat often protected within national marine sanctuaries. Federal agencies whose actions may adversely affect EFH must consult with NOAA Fisheries — a process similar to Endangered Species Act consultation but focused on habitat for commercially and recreationally important fish.

Enforcement is handled by NOAA's Office of Law Enforcement and the Coast Guard. Violations include fishing without permits, exceeding catch limits, using prohibited gear, fishing in closed areas, and interfering with enforcement officers. Penalties include civil fines, criminal prosecution, permit sanctions, and vessel forfeiture. Fisheries must also comply with the Marine Mammal Protection Act to minimize bycatch.

How It Affects You

Wild-capture fishery management under MSA increasingly intersects with the National Aquaculture Act, as regulators balance farm-raised and wild fish production.

State Variations

Implementing Regulations

• 50 CFR Parts 600–697 — NOAA Fisheries regulations covering fishery management plans, annual catch limits, essential fish habitat designations, observer programs, and bycatch reduction devices. The umbrella provisions at Part 600 govern how the regional councils operate and set baseline enforcement rules; Parts 622–697 contain the fishery-specific rules.

• 50 CFR Part 600 — Magnuson-Stevens Act Provisions (160 sections across 9 subparts): the framework regulations that apply system-wide, supplemented by fishery-specific rules in Parts 622–697:

  • Subpart B (§§ 600.105–600.155) — Regional Fishery Management Councils: each of the 8 regional Councils must publish a Statement of Organization, Practices, and Procedures (SOPP) (§ 600.115); intercouncil boundaries are defined by geographic coordinates for shared jurisdiction (§ 600.105); fisheries spanning multiple council areas are assigned to a single lead council or jointly managed under § 600.110; each Council must have a Scientific and Statistical Committee (SSC) (§ 600.133) to provide peer review of stock assessments and management advice; Council staff must be hired on merit with no political influence on employment decisions (§ 600.120); records are subject to FOIA coordination with NMFS regional offices (§ 600.155)
  • Subpart F (§§ 600.501–600.505) — Foreign Fishing: foreign fishing vessels (FFVs) operating in the U.S. EEZ must carry a NMFS-issued vessel permit (§ 600.501); operators must submit reports to the USCG and NMFS in English (§ 600.502); FFVs must display their International Radio Call Sign (IRCS) amidships on both sides (§ 600.503); FFVs must immediately comply with USCG officer instructions including boarding and inspection (§ 600.504); the prohibition list at § 600.505 covers possessing, transporting, or selling fish taken in violation of the Act
  • Subpart H (§§ 600.705–600.740) — General Provisions for Domestic Fisheries: serves as the enforcement backbone for all NMFS fishery regulations — § 600.725 establishes the general prohibitions applicable to all fisheries (possession of fish in violation of any FMP, interference with observers, falsification of records); § 600.730 requires all persons aboard any regulated vessel to comply with authorized officer instructions; § 600.735 sets the civil penalty framework (up to $100,000 per violation); § 600.740 describes the four enforcement remedies in ascending severity — citation, notice of violation and assessment (NOVA), in rem forfeiture of catch and vessel, criminal prosecution
  • Subpart L (§§ 600.1000–600.1013) — Fishing Capacity Reduction Framework: authorizes NMFS to administer capacity reduction programs (buybacks) to permanently remove vessels and permits from overfished or overcapitalized fisheries; programs may be financed (NMFS borrows from Treasury, then charges a fee on landed fish until repaid) or subsidized (Congress appropriates funds); to initiate a program, a Council, a state governor, or a majority of permit holders may petition NMFS (§ 600.1001); each program requires a capacity reduction amendment to the relevant FMP (§ 600.1007); individual permit holders submit bids specifying the price at which they would surrender their permit (§ 600.1009); referenda in the affected fishery must approve financed programs (§ 600.1010); the fee rate may not exceed 5% of ex-vessel value (§ 600.1013); reduction permits are surrendered and revoked — the reduction is permanent
  • Subpart Q (§§ 600.1400–600.1416) — Vessel Monitoring System Type-Approval: governs the testing and approval of Vessel Monitoring System (VMS) units that federally permitted fishing vessels are required to carry in many fisheries; VMS units must receive NMFS type-approval before being accepted in any fishery; the Type-Approval Committee reviews unit specifications, field performance, and communication reliability; approved units transmit GPS position data to NMFS at defined intervals (typically every 30 minutes to 4 hours depending on fishery), enabling real-time tracking of vessel location in closed areas and restricted zones

• 50 CFR Part 622 — Fisheries of the Caribbean, Gulf of America, and South Atlantic (222 sections across 17 subparts — the implementing rule for FMPs prepared by the Caribbean, Gulf of Mexico, and South Atlantic Fishery Management Councils; sets permit requirements, catch limits, gear restrictions, closed areas, and reporting obligations for commercial and recreational fisheries):

  • Subpart A — General Provisions (16s): permit classes for each fishery; landing fish intact requirements; framework for electronic reporting; definitions applicable across all Gulf, Caribbean, and South Atlantic regulations
  • Subpart B — Reef Fish Resources of the Gulf of America (23s): the most politically contested U.S. fishery; covers red snapper, grouper, tilefish, amberjack, and other reef fish; commercial reef fish permits (limited access — IFQ for red snapper); Gulf red snapper annual catch limits (commercial and recreational sectors have separate ACLs); closed seasons; minimum size limits; descending device requirements for released fish (reduces barotrauma mortality); no-take marine protected areas (Madison Swanson, Steamboat Lumps, the Edges)
  • Subpart C — Shrimp Fishery of the Gulf of America (10s): Gulf shrimp endorsement required; bycatch reduction device (BRD) requirements — tested devices certified by NMFS to reduce finfish bycatch by ≥40% while allowing ≥70% shrimp harvest; turtle excluder devices (TEDs) — mandatory openings that allow sea turtles to escape; seasonal closures in inshore nursery areas
  • Subpart I — Snapper-Grouper Fishery of the South Atlantic (21s): South Atlantic snapper-grouper limited access permit; annual catch limits for multiple complexes (shallow-water grouper, deep-water grouper, tilefishes, snappers); trip limits; spawning season closures for certain grouper species; wreckfish individual fishing quota (IFQ) program
  • Subpart Q — Coastal Migratory Pelagic Resources (19s): Spanish mackerel, king mackerel, cobia, little tunny managed jointly by Gulf and South Atlantic Councils; Gulf and Atlantic migratory groups have separate ACLs; commercial trip limits during the season; recreational bag limits and size minimums; mackerel gillnet restrictions in Florida waters
  • Subparts S, T, U — Caribbean EEZ FMPs (49s combined): separate FMPs for Puerto Rico, St. Croix, and St. Thomas/St. John EEZ waters; fishing permits and reporting for Caribbean reef fish, queen conch, spiny lobster, and pelagics; gear restrictions specific to coral reef ecosystems; annual catch limits calibrated to small-scale Caribbean fishery scale
  • Subpart R — Spiny Lobster (15s): Gulf and South Atlantic spiny lobster managed jointly; trap certificates (limited access); trap construction standards (degradable escape panels — if traps are lost they eventually open, preventing ghost fishing); coral protection measures; minimum carapace size; closed season for egg-bearing females

• 50 CFR Part 665 — Fisheries in the Western Pacific (186 sections — implements the Western Pacific Fishery Management Council's FMPs for Hawaii, American Samoa, Guam, Northern Mariana Islands, and Pacific Remote Island Areas; 9 subparts):

  • Subpart A — General (13s): defines the Western Pacific EEZ fisheries and applicable management authorities; requires federal fishing permits for commercial fisheries in the Western Pacific EEZ; NOAA Fisheries (NMFS Pacific Islands Regional Office) administers; annual catch limits set through annual specifications; at-sea observer programs applicable to selected fisheries
  • Subpart B — American Samoa Fisheries (28s): bottomfish and crustacean fisheries in American Samoa EEZ; commercial bottomfish permit required; annual catch limits (ACLs) for bottomfish complexes including deepwater snapper (opakapaka, onaga) and shallow-water grouper; bottomfish restricted fishing areas (BRFAs) where fishing is prohibited to protect habitat and fish spawning aggregations; creel surveys for recreational fisheries
  • Subpart C — Hawaii Fisheries (43s): the largest subpart — covers Hawaii's commercially significant bottomfish, crustaceans (precious coral, spiny lobster), and pelagics; Hawaii bottomfish management unit species include seven deepwater snapper species (opakapaka, ehu, onaga, lehi, hapu'upu'u, kalekale, gindai) managed under ACLs that have been reached in recent years, triggering annual season closures; commercial bottomfish permit and reporting required; precious coral harvesting permits and bed closures to protect deep-sea coral ecosystems
  • Subpart D — Mariana Archipelago Fisheries (33s): covers Guam and CNMI (Commonwealth of the Northern Mariana Islands) EEZ waters; bottomfish and coral reef ecosystem FMPs; stricter restrictions for coral reef ecosystems given shallow-reef overfishing concerns; Guam and CNMI each have distinct permit requirements reflecting their separate political status
  • Subpart E — Pacific Remote Island Area Fisheries (28s): covers federally managed fisheries in the waters around Johnston Atoll, Palmyra Atoll, Jarvis Island, Howland Island, Baker Island, and Wake Island; most areas are within or adjacent to National Wildlife Refuges or National Monuments with strong conservation mandates; limited commercial fishing permitted with specific permit and reporting requirements
  • Subpart F — Western Pacific Pelagic Fisheries (20s): manages highly migratory species (HMS) including bigeye tuna, yellowfin tuna, albacore, swordfish, and billfish in the Pacific EEZ; longline fishing is the primary commercial method; permits required for vessels using longlines in the Hawaii longline fishery; hard caps on bigeye tuna incidental catch (2,000 mt/year for the shallow-set swordfish/bigeye fishery); sea turtle interaction requirements — circle hook and mackerel-type bait mandates to reduce loggerhead and leatherhead turtle interactions
  • Subparts G, H, I — Marine National Monuments (21s combined): special regulations for the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National Monuments designated under the Antiquities Act; commercial fishing is prohibited within the monument areas; limited access for recreational, subsistence, and cultural fishing; NOAA and USFWS co-manage monument resources

• 50 CFR Part 648 — Fisheries of the Northeastern United States (151 sections across 17 subparts — implements the FMPs prepared by the New England Fishery Management Council and Mid-Atlantic Fishery Management Council, covering the full sweep of Northeast commercially important species):

  • Subpart A — General Provisions (18s): VMS and DAS requirements — the VMS Demarcation Line is defined by geographic coordinates separating EEZ waters requiring VMS tracking from inshore state waters (§ 648.10); vessels must be "declared in" to a specific fishery before departing; Days at Sea (DAS) allocation program governs access to the groundfish fishery — vessels have limited DAS permits and accrue fishing time from port departure to landing; § 648.11 governs at-sea observer and electronic monitoring coverage requirements across all covered fisheries
  • Subpart B — Mackerel, Squid, and Butterfish (7s): manages Atlantic mackerel, longfin squid, Illex squid, and butterfish; these forage species are critical baitfish and food sources for marine mammals and larger finfish as well as commercial species; limited access moratorium permits control entry
  • Subpart D — Atlantic Sea Scallop (12s): one of the most economically valuable U.S. fisheries; managed under a Days at Sea access program combined with Individual Fishing Quotas (IFQ) for limited-access and fleet permits; minimum shell height of 3.5 inches (8.9 cm) (§ 648.50); gear restrictions include ring size requirements for scallop dredges and chain mesh configurations (§ 648.51); closed rotational access areas let specific portions of the scallop grounds rest and rebuild; § 648.53 sets the annual specifications process (OFL, ABC, ACL, ACT, DAS allocations)
  • Subpart E — Atlantic Surf Clam and Ocean Quahog (10s): the Individual Transferable Quota (ITQ) program for surf clams and ocean quahogs was the first ITQ fishery in the United States, established in 1990; § 648.74 governs the annual allocation of ITQ shares; quota shares are transferable between permit holders; cage identification requirements (§ 648.77) mandate tagging of all cages before offloading; the Maine mahogany quahog zone (§ 648.78) has separate landing requirements; closed areas protect degraded habitat (§ 648.76)
  • Subpart F — NE Multispecies and Monkfish (18s): governs the groundfish fishery (Atlantic cod, haddock, yellowtail flounder, Georges Bank and Gulf of Maine populations) — one of the most heavily regulated and politically contentious fisheries in the U.S.; the Northeast Multispecies FMP uses a sector system where groups of permit holders pool their Annual Catch Entitlements and fish collectively; sectors operate under fishing plans approved by NMFS; groundfish monitoring coverage requirements have been a source of prolonged litigation over industry cost-sharing for at-sea observers
  • Subparts G, H, I — Summer Flounder, Scup, Black Sea Bass (36s combined): jointly managed by the Mid-Atlantic Fishery Management Council and ASMFC (the Atlantic States Marine Fisheries Commission, which coordinates with coastal states); § 648.100 sets the annual catch limit (ACL) process for summer flounder — the Monitoring Committee recommends separate commercial and recreational ACLs; § 648.101 sets the annual catch target (ACT) accounting for management uncertainty; recreational bag limits, minimum size requirements, and commercial trip limits are adjusted annually through the specification process
  • Subpart K — Atlantic Herring (8s): Atlantic herring is a critical forage species; managed under annual catch limits with an area management system that limits large midwater trawl vessels in certain inshore areas; herring supports a substantial bait market (lobster, tuna) as well as a direct human consumption market (pickled herring, fish meal)
  • Subpart Q — Habitat-Related Management Measures (4s): Essential Fish Habitat (EFH) closed areas — specific geographic areas where bottom-disturbing gear (trawls, dredges) is prohibited to protect structured fish habitat; the Northwest Atlantic closed areas have contributed measurably to recovery of scallop and groundfish populations

• 50 CFR Part 660 — Fisheries Off West Coast States (131 sections across 11 subparts — implements the FMPs prepared by the Pacific Fishery Management Council for the EEZ off Washington, Oregon, and California):

  • Subparts C–G — West Coast Groundfish (68 sections combined): the Pacific Coast Groundfish Fishery Management Plan (PCGFMP) manages over 90 species — rockfish, flatfish, sablefish, Pacific whiting (hake), and others. The centerpiece is the trawl rationalization program (Subpart D): the limited entry trawl fishery is divided into three components — the Shorebased IFQ Program (vessels that deliver to shore-based processors receive individual fishing quotas for each groundfish species), the Mothership Co-op Program (vessels fish alongside processing vessels at sea), and the Catcher/Processor Co-op Program (vessels that catch and process at sea). Quota shares are tradeable; lessees can fish quota from multiple permit holders. Groundfish prohibitions (§ 660.12) apply fleet-wide: no retention of prohibited species, compliance with bycatch limits, mandatory VMS tracking (§ 660.14), and coverage by the Groundfish Observer Program (§ 660.16) or Catch Monitor Program (§ 660.17) — first receivers must be licensed and monitored. Harvest specifications (overfishing limits, ACLs, ACTs) are set annually through a Council-to-NMFS process; species that are overfished (e.g., certain rockfish) are managed under rebuilding plans with reduced ACLs.

  • Subpart H — West Coast Salmon Fisheries (13 sections): implements the Salmon FMP for commercial and recreational salmon fisheries in the EEZ off Washington, Oregon, and California. Salmon fishing in the EEZ is primarily trolling — nets are prohibited (§ 660.405(a)); only hand-held nets may be used to bring hooked fish aboard. Annual salmon seasons are set by the Pacific Fishery Management Council in a spring process that weighs commercial fishing opportunity against conservation objectives for listed Chinook and coho populations; the Council must consult with treaty Indian tribes holding usual and accustomed fishing rights under 19th-century treaties, which guarantee a share of harvestable fish. State regulations for salmon inside state waters must be compatible with the federal FMP. The salmon FMP intersects with the Endangered Species Act listings of numerous Pacific salmon Evolutionary Significant Units (ESUs) — catch limits for non-listed species (e.g., coho) must avoid jeopardizing listed stocks that co-mingle in the EEZ.

  • Subpart I — Coastal Pelagics Fisheries (20 sections): manages Pacific sardine, Pacific mackerel, northern anchovy (central subpopulation), market squid, and Pacific (chub) mackerel. These forage species are managed under a biomass-based harvest control rule — the annual catch limit adjusts automatically based on biomass surveys; when surveys indicate low abundance, the fishery closes. Sardine and anchovy support a substantial reduction fishery (fishmeal and fish oil) as well as a live-bait market for recreational tuna fishing. The sardine fishery has been closed or severely restricted in recent years due to low biomass — a recurring pattern linked to the Pacific Decadal Oscillation.

  • Subpart K — Highly Migratory Fisheries (19 sections): manages albacore tuna, swordfish, billfish, sharks, and other HMS in the West Coast EEZ. Albacore troll fishery (pole-and-line and troll gear) is the dominant commercial segment; the Pacific Highly Migratory Species FMP coordinates with international bodies (Inter-American Tropical Tuna Commission, Western and Central Pacific Fisheries Commission). Federal drift gillnet permits (swordfish/thresher shark) are subject to strict gear requirements and area closures to reduce sea turtle and marine mammal interactions.

  • Subpart J — Electronic Monitoring Program (5 sections): West Coast groundfish vessels that opt into electronic monitoring as an alternative to carry human observers must use NMFS-approved EM systems with video coverage of catch sorting; EM service providers are NMFS-certified; vessel operators provide camera access and retain video until NMFS review is complete (§ 660.604–660.605). The West Coast EM program is a model for expanding EM coverage across other fisheries as an observer cost-reduction strategy.

• 50 CFR Part 679 — Fisheries of the Exclusive Economic Zone Off Alaska (71 sections across 11 subparts — implements the FMPs prepared by the North Pacific Fishery Management Council for the Bering Sea/Aleutian Islands (BSAI) and Gulf of Alaska (GOA), governing what is by volume the largest commercial fishery in the United States — roughly 4 billion pounds per year of groundfish landed, dominated by pollock):

  • Subpart A — General (§§ 679.1–679.28): defines the BSAI and GOA management areas, gear types, vessel permit requirements, and reporting and recordkeeping obligations; all U.S. vessels fishing for groundfish in the Alaska EEZ must hold a NMFS-issued License Limitation Program (LLP) license specifying the species, areas, and gear types authorized; Vessel Monitoring System (VMS) is mandatory with position polling every 30 minutes; catch must be reported through eLandings at the time of delivery
  • Subpart B — Management Measures (§§ 679.20–679.28): annual harvest specifications process — the Council recommends Total Allowable Catch (TAC) for each groundfish species complex in the BSAI and GOA; NMFS publishes TACs in biennial specifications and adjusts in-season through closures; prohibited species catch (PSC) limits cap bycatch of halibut, salmon, crab, and herring — the PSC limit for Pacific halibut in the BSAI trawl fisheries is one of the most consequential constraints on Alaska groundfish effort; allocations among gear groups (trawl, hook-and-line, pot) and fishery sectors are set by sector; in-season closures occur automatically when a TAC or PSC limit is projected to be reached
  • Subpart C — Western Alaska Community Development Quota Program (§§ 679.30–679.32): the CDQ Program reserves 10.7% of BSAI groundfish TAC, halibut PSC, and crab TAC for six nonprofits representing 65 coastal Western Alaska communities; CDQ groups — including the Aleut Corporation, Bristol Bay Economic Development Corporation, Central Bering Sea Fishermen's Association, Coastal Villages Region Fund, Norton Sound Economic Development Corporation, and Yukon Delta Fisheries Development Association — use their allocation to fund fishing operations, processing plants, and community development; the CDQ concept originated in 1992 as a mechanism to bring subsistence-dependent communities into the commercial fishery economy
  • Subpart D — Individual Fishing Quota Management Measures (§§ 679.40–679.46): the IFQ Program for halibut and sablefish — established in 1995 and one of the largest catch share programs in the U.S.; IFQ permits are issued to vessel owners and operators in six regulatory areas; IFQ shares may be transferred by sale or lease (subject to limits preventing excessive consolidation); IFQ holders must be aboard when fish are harvested unless they lease quota to another permit holder who is aboard; the program replaced a derby-style "race for fish" (compressed open seasons) with an extended season allowing year-round fishing; halibut IFQ has been credited with reducing bycatch and improving safety
  • Subpart E — North Pacific Observer Program (§§ 679.50–679.57): coverage requirements for the at-sea observer program; vessels are assigned to the full coverage category (all trips must carry an observer) or the partial coverage category (NMFS randomly deploys observers); catcher/processors and motherships are typically full coverage; smaller catcher vessels delivering to shore-based processors may be in partial coverage with electronic monitoring as an option; the observer program collects the biological samples and catch data that feed the Council's stock assessments — without observers, the BSAI/GOA harvest specifications could not be set with scientific reliability
  • Subpart F — American Fisheries Act and Aleutian Island Directed Pollock Fishery (§§ 679.60–679.67): the American Fisheries Act (AFA, 1998) restructured the BSAI pollock fishery — the world's largest single-species commercial fishery by volume (~1.4 million metric tons/year) — by requiring that pollock be harvested exclusively by U.S.-built, U.S.-crewed vessels and dividing the TAC among four sectors: the Inshore sector (shore-based processors in Alaska communities, 50% of TAC), the Catcher/Processor sector (at-sea processing vessels, 40%), the Mothership sector (floating processors supplied by catcher vessels, 10%); each sector further divides its allocation among cooperatives of permit holders, ending the race for fish in pollock; cooperatives may fish year-round against their share and carry unused allocation across seasons
  • Subpart G — Rockfish Program (§§ 679.70–679.75): the Rockfish Program created a catch share system for the Gulf of Alaska rockfish fisheries (primarily Pacific ocean perch, northern rockfish, and dusky rockfish in the Central GOA) analogous to AFA for pollock; the limited access privilege program assigns rockfish quota shares (RQS) to eligible vessels based on historical participation; cooperatives of RQS holders are the management unit; the program eliminated a compressed derby season and allowed vessels to fish longer, improving product quality; halibut PSC limits apply within the rockfish cooperative fisheries
  • Subpart H — Amendment 80 Program (§§ 679.80–679.85): Amendment 80 rationalized the non-pollock BSAI trawl catcher/processor fleet (targeting flatfish such as yellowfin sole, rock sole, flathead sole, Greenland turbot, arrowtooth flounder, and Pacific cod) through a cooperative structure analogous to AFA; Amendment 80 cooperatives receive a share of the TAC for their target species and are subject to a halibut PSC limit allocated cooperatively; the fleet is required to install and use scale weight monitoring systems so all catch is weighed before processing; prohibited-species discards and prohibited-species handling standards are enforced through observer coverage
  • Subpart J — Salmon Fishery Management (§§ 679.110–679.118): salmon in the Alaska EEZ (Cook Inlet EEZ Area and Southeast Outside District) are managed under separate FMPs from groundfish; commercial salmon fishermen in the Cook Inlet EEZ must hold a Salmon Federal Fisheries Permit (SFFP); gear restrictions limit commercial salmon fishing in the EEZ to drift gillnet in the Cook Inlet and troll gear in the Southeast troll area; Alaska salmon management is closely coordinated with the State of Alaska (which manages the bulk of Alaska salmon harvest in state waters) and with Pacific Salmon Treaty obligations to Canada
  • Subpart L — Pacific Cod Trawl Cooperative Program (§§ 679.120–679.125): governs the Western Alaska Community Development Quota and non-CDQ Pacific cod trawl catcher vessel fleet in the BSAI; establishes seasonal allocations between seasons A (January–April) and B (September–December) to prevent a concentration of effort; cooperative membership and quota transfer rules ensure that small CDQ communities receive their allocated portion of the cod harvest

The Alaska EEZ groundfish complex is the foundation of American seafood supply. Alaska pollock alone accounts for roughly half of all U.S. commercial fish catch by weight — it is the source of fish sticks, imitation crab (surimi), and a large share of U.S. fast-food fish products. The BSAI and GOA fisheries operate under annual specifications published each January by NMFS and subject to in-season adjustment as survey data and PSC monitoring indicate approaching limits. Because the halibut PSC limit acts as a binding constraint that closes the trawl fishery before the groundfish TAC is reached in most years, halibut bycatch reduction is a perennial management priority and a central topic in North Pacific Council deliberations.

Recent rulemakings: 88 FR 77231 (November 2023) updated harvest specifications for the 2024–2025 BSAI and GOA groundfish fisheries and revised PSC limits for several gear sectors. 86 FR 11904 (February 2021) updated AFA cooperative provisions. NMFS announced the 2026–2027 BSAI groundfish harvest specifications in early 2026, including adjustments to pollock, Pacific cod, and flatfish TACs reflecting updated stock assessments.

• 50 CFR Part 635 — Atlantic Highly Migratory Species (NOAA/NMFS, 37 sections — the federal regulations governing commercial and recreational fishing for Atlantic tunas (including bluefin tuna), swordfish, billfish, and sharks in the U.S. EEZ off the Atlantic coast and Gulf of Mexico; dual statutory authority: 16 U.S.C. § 1801 (Magnuson-Stevens Act) and 16 U.S.C. § 971 (Atlantic Tunas Convention Act, ATCA), which implements the International Commission for the Conservation of Atlantic Tunas (ICCAT)). Atlantic HMS are managed outside the normal Regional Fishery Management Council structure — NMFS (NOAA) manages them directly because the species are internationally managed through ICCAT and must be governed consistently with U.S. international obligations:

  • § 635.4 — Permits and fees: any vessel fishing for Atlantic HMS in the U.S. EEZ must hold a federal HMS permit; permits are categorized by target species and gear type (bluefin tuna, swordfish/shark, billfish, recreational charter); permit categories determine what species and gears are authorized; permits are required even for vessels fishing under state-issued licenses for incidentally encountered HMS
  • § 635.15 — Individual Bluefin Tuna Quotas (IBQs): the IBQ Program — a catch share system for the Atlantic Tunas Longline (commercial) category; eligible longline permit holders receive annual IBQ allocations (expressed in pounds of bluefin tuna); quota is transferable — lease of IBQ from other quota holders allows vessels to retain bluefin tuna caught incidentally in the swordfish/yellowfin longline fishery above their base allocation; the IBQ system replaced a hard "permit number × trip limit" cap that forced vessels to discard legally-caught bluefin tuna; vessels must report IBQ landings electronically in near-real-time; the system allows NMFS to track the quota in-season and close the fishery when total IBQ usage reaches the ICCAT-allocated bluefin quota
  • § 635.19 — Authorized gears: no person may fish for Atlantic HMS with gear not specifically authorized for the target species; gear categories — pelagic longline (primary commercial gear for swordfish, bigeye tuna, sharks); harpoon (bluefin tuna general category); purse seine (primarily used by Japanese fleets under ICCAT cooperative agreements); rod and reel; hand line; gillnet (heavily regulated to minimize dolphin bycatch); gear restrictions vary by management area
  • § 635.20 — Size limits: bluefin tuna (BFT) size limits based on curved fork length (CFL); BFT size classes: School (27–59 inches CFL), Large School/Small Medium (59–73 inches), Medium (73–81 inches), Large/Giant (81+ inches, minimum 73 inches for longline category); size limits determine which permit categories may retain which fish; all size limits serve as conservation tools, protecting juveniles to allow recruitment to the adult breeding population
  • § 635.23 — Retention limits for bluefin tuna: each permit category (Angling, General, Harpoon, Purse Seine, Longline/IBQ, Trap, Charter/Headboat) has distinct daily and trip retention limits for BFT; retention limits vary by season and management area (Gulf of Mexico, Atlantic); NMFS adjusts limits in-season through retention limit adjustments published in the Federal Register or NOAA Fisheries bulletin when quota tracking indicates the subquota for a category is approaching exhaustion
  • § 635.24 — Commercial retention limits for sharks, swordfish, and BAYS tunas: retention limits for Atlantic swordfish (commercial: 30 fish/vessel/trip or the vessel's underharvest carry-forward); bigeye, albacore, yellowfin, and skipjack tuna (BAYS) are managed collectively; Atlantic sharks are managed under shark management areas with species-specific retention limits (smoothhound category, large coastal sharks, small coastal sharks, pelagic sharks); some prohibited shark species (oceanic whitetip, certain hammerheads, white shark) may not be retained under any circumstance
  • § 635.27 — Quotas: ICCAT sets annual total allowable catches (TACs) for Atlantic bluefin tuna, swordfish, bigeye tuna, and sharks; the U.S. quota is its national allocation within the TAC; NMFS allocates the U.S. quota among domestic fishing categories (commercial, recreational, research); quota tracking is in-season; when a quota is projected to be reached, the fishery is closed by emergency action under § 635.28; unused quota in some categories may carry forward to the following year within ICCAT rules
  • §§ 635.40–635.41 — Restrictions to enhance conservation / products denied entry: § 635.40 implements regulatory adjustments adopted by ICCAT — including time/area closures, dead discard limits, and bycatch caps — without the normal rulemaking delay; § 635.41 prohibits import of Atlantic HMS products from nations that ICCAT has identified as undermining conservation (the "trade restrictive measures" tool that gives ICCAT its enforcement teeth in the U.S. market)

  Atlantic HMS management is distinctly international in character: bluefin tuna spawn in two locations (Gulf of Mexico and Mediterranean Sea), and their recovery depends on catch controls by all fishing nations, not just the U.S. The East Atlantic and Mediterranean bluefin population was severely overfished through the 2000s; combined ICCAT actions and the IBQ system have contributed to a partial recovery — the ICCAT scientific committee reported increased abundance in the West Atlantic stock, and U.S. bluefin quotas increased in 2020 and 2022 as a result. Recent rulemakings: 91 FR 10729 (March 2026) updated HMS regulations to reflect ICCAT recommendations adopted at the 2024 annual meeting, including revised swordfish retention limits and updated shark prohibited species list.

• 50 CFR Part 697 — Atlantic Coastal Fisheries Cooperative Management (NOAA/NMFS, 24 sections — the federal EEZ regulations implementing the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. § 5101) and coordinating with the Atlantic States Marine Fisheries Commission (ASMFC); primarily governs the American lobster and Atlantic migratory cobia fisheries in federal EEZ waters off the Atlantic coast; the ASMFC manages the same species in state waters, creating a complementary federal–state regime):

  • § 697.4 — Vessel permits and trap tags: all vessels fishing for American lobster in the EEZ must hold a federal lobster Incidental Catch (LC) permit or one of the area-specific permits (Offshore, Near-Shore, Outer Cape Cod); the permit specifies the lobster management area in which the vessel may fish; trap tags — uniquely numbered plastic tags attached to each lobster trap — are required so NMFS and at-sea observers can link traps to permit holders; tag allocation is based on permit history and is not freely transferable
  • §§ 697.18–697.19 — Lobster management areas and trap limits: eight management areas (LMAs 1–4, Outer Cape, Offshore, Gulf of Maine, Southern New England) with distinct trap limits that reflect the different productivity and stock status of lobster populations in each zone; some LMAs are subject to trap reduction programs (mandatory percentage reductions from historical baseline) to address fishing mortality; trap limit exemptions apply to fishermen using non-trap (dive, net, pot) gear
  • § 697.20 — Size, harvesting, and landing requirements: minimum gauge — the minimum carapace size varies by management area (typically 3¼ inches gauge length); v-notching — egg-bearing (berried) female lobsters must be v-notched on the tail fin before release, creating a permanent mark that protects them from re-harvest; maximum size — some areas have maximum size limits to protect large, highly fecund females; prohibition on landing soft-shell lobsters (recently molted lobsters are fragile and have lower meat content); egg-bearing females may not be landed in any area
  • § 697.21 — Gear identification and marking, escape vent, and maximum trap size: lobster traps must bear a permanent identification code matching the vessel's permit; escape vents (openings in the trap allowing undersized lobsters to escape) must meet minimum dimensions; trap size maximums limit the catching efficiency of individual traps; biodegradable escape panels are required — if traps become derelict (lost or abandoned), the biodegradable panels eventually open the trap to prevent "ghost fishing" of lobsters without any harvesting benefit
  • § 697.25 — Adjustment to management measures: NMFS may adjust management measures to conform to ASMFC Board actions under the American Lobster FMP, ensuring consistency between state and federal regulations; this adjustment authority allows NMFS to implement ASMFC decisions more rapidly than full notice-and-comment rulemaking; ASMFC Addenda to the Interstate Management Plan for American Lobster drive many of the specific gauge, v-notch, and trap limit requirements in Part 697

  The American lobster fishery is New England's most economically valuable commercial fishery — approximately $500 million to $700 million in annual ex-vessel value landed by U.S. fishermen. The ASMFC–federal coordination framework means that when ASMFC determines changes are needed (e.g., after stock assessments show overfishing in Southern New England), NMFS must implement parallel EEZ changes under Part 697 to avoid a regulatory gap at the 3-mile state/federal boundary. Climate change has driven dramatic range shifts in lobster abundance — warming waters in Southern New England have depressed lobster populations there while Gulf of Maine and Canadian stocks (historically cooler) have boomed. Part 697's area-based management framework struggles to address these climate-driven redistributions when ASMFC Board decisions require consensus among states that are gaining and losing lobster stocks simultaneously.

• 50 CFR Part 260 — Inspection and Certification (NMFS — the federal voluntary seafood inspection and grading program administered under the Agricultural Marketing Act of 1946 and the Fish and Wildlife Act, 16 U.S.C. § 742e):

  • § 260.1 — Administration: the program is voluntary and fee-for-service — unlike mandatory USDA meat inspection, federal seafood inspection is not required for domestic commercial seafood; processors pay NMFS to inspect specific lots or to obtain Packed Under Federal Inspection (PUFI) status for their plant
  • § 260.10 — Grade and compliance assessment: inspections evaluate finished product quality against NMFS grade standards for each species/product category; U.S. Grade A (highest — well-made, practically free of defects, good flavor/odor/texture), Grade B, and Grade C are the three grades; inspectors evaluate appearance, odor, flavor, and texture; species-specific standards cover fish sticks, shrimp, canned salmon, frozen fillets, and dozens of other products
  • § 260.14 — Inspection certificates: a lot that passes grade inspection receives an official Inspection Certificate bearing the USDC (U.S. Department of Commerce) shield and grade designation; the certificate identifies the lot, grade, inspection date and location, and inspector signature; certificates are used in buyer/seller contracts and federal procurement specifications
  • § 260.20 — PUFI status (Packed Under Federal Inspection): plants that pass a facilities inspection and enter a federal inspection agreement may use the PUFI shield continuously on products, indicating ongoing federal inspection oversight; the PUFI mark is the primary marketing benefit — it signals to buyers that the facility, process, and product meet NMFS quality standards

  Federal and state government purchasers (military dining facilities, school lunch programs, federal prisons) routinely specify USDC Grade A or PUFI-inspected seafood in procurement contracts, making the voluntary program practically mandatory for processors competing for federal markets. The Part 260 program is entirely separate from FDA's mandatory HACCP requirements for seafood under 21 CFR Part 123 — NMFS inspection certifies quality grade, while FDA HACCP addresses food safety hazards; a processor may have both, either, or neither.

Pending Legislation

• HR 6338 — Stop Illegal Fishing Act: create sanctions, asset freezes, and visa bans on foreign persons engaged in IUU fishing. Status: Introduced.
• HR 6150 — Protect American Fisheries Act: expand fishery disaster declarations to include economic harm from foreign actors. Status: Introduced.
• HR 7350 — Fishing Vessel Financing Improvement Act: expand federal loans for fishing vessels, add sustainability limits. Status: Introduced.
• S 3225 — Fishing Industry Safety, Health, and Wellness Improvement Act: expand safety training to cover behavioral health and fatigue. Status: Introduced.

Recent Developments

Magnuson-Stevens has not been formally reauthorized since 2006, though it continues to operate under existing authority. Reauthorization debates have focused on recreational fishing flexibility (allowing alternative management approaches for recreational sectors), climate change adaptation (incorporating shifting fish distributions into management), habitat conservation (strengthening EFH protections), and modernizing data collection. The success of stock rebuilding has been remarkable — 47 stocks rebuilt since 2000 — but climate-driven changes in ocean temperature and chemistry are creating new management challenges as fish populations shift geographically. Electronic monitoring and reporting technologies are improving catch tracking and reducing the cost of at-sea observation.

In March 2026, NMFS announced final 2026 and 2027 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area. The New England Fishery Management Council also scheduled a Herring Advisory Panel webinar, and the Mid-Atlantic Council held a workshop on commercial Scup Gear Restricted Areas.

Also in March 2026, NMFS approved Framework Adjustment 69 to the Northeast Multispecies Fishery Management Plan, implementing new specifications and management measures for Georges Bank haddock and other northeast groundfish stocks.

In March 2026, the Gulf of America Council submitted Amendment 58B to the Reef Fish FMP for NMFS review, proposing new management measures for deep-water reef fish species in the Gulf.

On February 6, 2026, President Trump signed a proclamation titled "Unleashing American Commercial Fishing in the Atlantic," reopening commercial fishing in all 4,913 square miles of the Northeast Canyons and Seamounts Marine National Monument (originally designated by Obama in Proclamation 9496, 2016 under the Antiquities Act). Environmental groups filed Antiquities Act challenges in May 2026.

In February 2026, NMFS announced 2026 specifications for summer flounder, scup, black sea bass, and bluefish fisheries; proposed a rebuilding plan for overfished Queets River Spring/Summer Chinook salmon; and reallocated pollock in the Bering Sea/Aleutian Islands from the Aleut Corporation and CDQ allowances. In mid-February 2026, NMFS prohibited directed Pacific cod fishing by small catcher vessels using hook-and-line gear in the Central Gulf of Alaska, while opening directed Pacific cod fishing by pot gear vessels in the same area to prevent underharvest.