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R47645 — U.S. Regional Fishery Management Councils

Reports · published 2026-04-07 · v3 · Active · crsreports.congress.gov ↗

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Authors
Anthony R. Marshak
Report id
R47645
Summary

Eight U.S. Regional Fishery Management Councils (FMCs) jointly manage federal marine fisheries (i.e., those occurring in waters up to 200 nautical miles offshore beyond state or territorial waters) with the National Oceanic and Atmospheric Administration (NOAA). The Magnuson-Stevens Fishery Conservation and Management Act (MSA; P.L. 94-265) established the FMCs, their roles, and their responsibilities. Congress comprehensively modified FMC roles and responsibilities twice, when MSA was amended in 1996 (P.L. 104-297) and 2006 (P.L. 109-479). These MSA amendments, together with FMC-specific decisions and emerging priorities, have led to changes in FMCs’ organization, focus, and requirements, including their partnership with NOAA. In recent years, FMCs and NOAA have implemented management actions that consider the interactions of fisheries with other components of the ecosystem. MSA prescribes certain FMC procedures and functions within their respective regions, including FMC structure and composition, and for the national Council Coordination Committee, which consists primarily of the leadership from each of the eight FMCs. FMCs comprise voting and nonvoting members who represent the interests of commercial and recreational fishing sectors, federal and state agencies, and additional sectors. FMC voting members include representatives from NOAA and state fishery management agencies, in addition to appointed members from fishing and other sectors. A chair, elected from the voting membership of a given FMC, is responsible for that FMC’s business transactions. An appointed executive director and other full- and part-time employees perform administrative duties in furtherance of the FMC’s functions. Additionally, each FMC includes a Scientific and Statistical Committee that provides scientific advice for fisheries management decisions. Each FMC also may establish additional committees and advisory panels. One of the FMCs’ primary responsibilities is the “preparation, monitoring, and revision” of fishery management plans (FMPs) in accordance with 10 national standards for fishery conservation and management established in MSA. FMCs develop these FMPs and jointly implement them with NOAA, with participation and advice from the states, the fishing industry, consumer and environmental organizations, and other stakeholders regarding the plans’ “establishment and administration.” Furthermore, as established in MSA, the FMPs include multiple required and discretionary components, such as conservation and management measures, as well as harvest limits in consideration of optimum yield (i.e., sustainable harvest that will provide the greatest overall benefit to the United States, particularly with respect to food production, recreational opportunities, and marine ecosystem protections). Other components may include descriptions and identification of essential fish habitat (EFH) and criteria for overfishing and overfished conditions (i.e., a rate or level of harvest or population status that jeopardizes a fishery’s capacity to remain sustainable). The FMPs contain management provisions, such as the establishment of limited access systems or limited access privilege programs. FMPs are reviewed and approved at the Secretary of Commerce’s discretion. Together with NOAA, FMCs implement FMPs in their respective jurisdictions to prevent overfishing, rebuild overfished stocks, identify and protect EFH, and comanage federal fisheries as specified in MSA. FMCs and NOAA primarily manage fisheries through the development and enforcement of annual catch limits (i.e., the maximum level of total harvest to ensure overfishing does not occur). To rebuild fisheries that at one time have been classified as overfished, FMCs work with NOAA through development and implementation of fishery-specific rebuilding plans. Further, FMCs and NOAA together work to protect the EFH of managed fishery species. The FMCs, and fisheries management in general, are of continued interest to Congress. Topics that have received congressional attention in recent years include the impacts of climate and environmental stressors on fisheries, the ecological consequences of overfishing on marine biodiversity, and concerns about the economic impacts of conservation and management actions on fishing communities. Additionally, Congress has shown interest in discussions related to conflicts between the commercial and recreational fishing sectors and the roles of local versus federal management for certain stocks. Congress may continue to conduct oversight of federal fisheries management. Congress might also assess whether to amend MSA, and how to best allocate related appropriations, in consideration of emerging FMC priorities. Such priorities include broader ecosystem-based approaches in NOAA and FMC fisheries management efforts.

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