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The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law governing marine fisheries management in U.S. federal waters. This guide is for researchers, research administrators and compliance staff who need to know what the Act requires of fisheries, how its key terms are defined in the statute, and which MSA provision applies when a field study puts a vessel and gear in federal waters. Facts below are as described on the NOAA Fisheries and U.S. Code pages named in the Sources section, read on 2026-11-08.
What it is and who runs it
Short answer: the MSA is a federal statute (16 U.S.C. 1801 et seq.) that NOAA Fisheries (the National Marine Fisheries Service, NMFS) implements. NOAA Fisheries describes it as the primary law that governs marine fisheries management in U.S. federal waters.
- Origin and reach. It was first passed in 1976 and extended U.S. jurisdiction over fisheries to 200 nautical miles.
- Regional councils. Management is organized through eight regional fishery management councils whose members come from the coastal states and from stakeholder groups. Each council develops fishery management plans (FMPs).
- National standards. NOAA Fisheries states that ten national standards must be met by every FMP.
- Amendments. The 1996 Sustainable Fisheries Act required councils to identify essential fish habitat. The 2006 reauthorization established annual catch limits and accountability measures.
For the scientific discipline behind these decisions, see what fisheries science is. For the separate statute that protects marine mammals, see the Marine Mammal Protection Act.
Who and what it applies to (scope)
The Act has no applicant pool in the way a funding program does. It applies to fishing in the fisheries it manages and to the federal agencies and permit holders involved. The statutory definitions in 16 U.S.C. 1802 set the vocabulary that decisions, permits and stock assessments use:
| Term | Statutory wording (16 U.S.C. 1802) |
|---|---|
| Essential fish habitat | “those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.” |
| Overfishing | “a rate or level of fishing mortality that jeopardizes the capacity of a fishery … to produce the maximum sustainable yield on a continuing basis.” |
| Stock of fish | A stock “capable of management as a unit.” |
| Optimum (yield) | The greatest overall benefit to the Nation, based on maximum sustainable yield as adjusted. |
Researchers should read these definitions closely: a stock assessment, a habitat study or a gear experiment is judged against these terms, not against general ecological usage.
What it requires
In the findings of 16 U.S.C. 1801(a), Congress records that some fish stocks had declined to the point where their survival is threatened (1801(a)(2)) and that the loss of habitat is among the greatest long-term threats to the viability of commercial and recreational fisheries (1801(a)(9)). The stated purposes in 1801(b) include achieving and maintaining, on a continuing basis, the optimum yield from each fishery (1801(b)(4)), and promoting the protection of essential fish habitat in reviewing projects conducted under federal permits (1801(b)(7)).
In practice, as NOAA Fisheries describes the Act, this means:
- Every FMP must satisfy the ten national standards.
- Councils must identify essential fish habitat (a requirement added in 1996).
- Management must include annual catch limits and accountability measures (added in 2006).
Compliance steps for researchers working at sea
The regulation at 50 CFR 600.745 is the provision most relevant to field researchers. It separates two situations.
Scientific research activity from a scientific research vessel
- Nothing in 50 CFR Part 600 is intended to prevent scientific research activity conducted by a scientific research vessel.
- Researchers are encouraged to send a research plan to the NMFS Regional Administrator or Director about 60 days before the planned work.
- NMFS may respond with a Letter of Acknowledgment. This is separate from any Marine Mammal Protection Act or Endangered Species Act permit.
- If NMFS considers the activity to be fishing, it tells the researcher in writing. An acknowledged research plan creates a presumption (which can be rebutted) that the activity is research.
Exempted fishing permits (EFPs)
- An EFP is issued by the NMFS Regional Administrator or Director and authorizes harvest that would otherwise be prohibited, for purposes such as testing, data collection, exploratory fishing, compensation fishing and conservation engineering.
- It exempts the holder only from the regulations it lists.
- The application is due at least 60 days before the proposed activity. It describes the purposes and goals, vessel information, target and incidental species and amounts, expected environmental impacts, the time, place and gear, and carries a signature.
- NMFS publishes a Federal Register notice and takes public comment, typically 15 to 45 days.
- An EFP is generally valid for a maximum of one year and can be renewed.
- NMFS observers are exempt under paragraph (e) of the same section.
Typical timeline phases
- Scoping. Decide whether the work is research from a research vessel or harvest that needs an EFP.
- Submission. Send the research plan or EFP application to the Regional Administrator or Director at least 60 days ahead.
- Agency review. For an EFP, a Federal Register notice and a public comment period (typically 15 to 45 days).
- Decision. A Letter of Acknowledgment, a written statement that the work is fishing, or an issued EFP.
- Fieldwork and renewal. An EFP generally runs up to one year and is renewable.
Dates and durations are set by the regional office and the regulation, not by this page; confirm the current text of 50 CFR 600.745 and the regional office’s instructions before planning a cruise.
Common mistakes
- Treating an acknowledgment as a permit. A Letter of Acknowledgment is not an EFP and is separate from MMPA and ESA permits.
- Assuming a research label settles it. NMFS can tell you in writing that the activity is fishing; the presumption created by an acknowledged plan can be rebutted.
- Applying late. Both the research plan and the EFP application are keyed to a 60-day lead.
- Omitting incidental catch. The EFP application asks for target and incidental species and amounts.
- Assuming an EFP covers everything. It exempts only from the regulations listed on the permit.
Related instruments (table)
| Instrument | Issued by / basis | What it does |
|---|---|---|
| Letter of Acknowledgment | NMFS Regional Administrator or Director, 50 CFR 600.745(a) | Acknowledges a research plan; creates a rebuttable presumption that the activity is scientific research |
| Exempted fishing permit | NMFS Regional Administrator or Director, 50 CFR 600.745(b) | Authorizes otherwise-prohibited harvest for testing, data collection, exploratory fishing, compensation fishing or conservation engineering |
| MMPA / ESA permits | Separate statutes, as noted in 50 CFR 600.745(a) | Handled separately from the acknowledgment; see the MMPA guide |
Related reading on the disciplines involved: marine biology and oceanography.
FAQ
What does the Magnuson-Stevens Act do?
It is the primary law governing marine fisheries management in U.S. federal waters, implemented through eight regional councils, fishery management plans and ten national standards.
Who administers it?
NOAA Fisheries (NMFS), working with eight regional fishery management councils.
Do researchers need a permit under it?
Not necessarily. Under 50 CFR 600.745, scientific research from a research vessel is not blocked by Part 600, and researchers are encouraged to submit a plan about 60 days ahead. Harvest that would otherwise be prohibited needs an exempted fishing permit.
How is overfishing defined?
16 U.S.C. 1802 defines it as a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.
What is essential fish habitat?
Under 16 U.S.C. 1802, the waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.
Sources
- NOAA Fisheries, laws and policies and the Magnuson-Stevens Act document: fisheries.noaa.gov/topic/laws-policies (read 2026-11-08).
- 16 U.S.C. 1801, Findings, purposes and policy: law.cornell.edu/uscode/text/16/1801 (read 2026-11-08).
- 16 U.S.C. 1802, Definitions: law.cornell.edu/uscode/text/16/1802 (read 2026-11-08).
- 50 CFR 600.745, Scientific research activity, exempted fishing, exempted educational activity, and exempted fishing permits: law.cornell.edu/cfr/text/50/600.745 (read 2026-11-08).
