LibGuides: Conservation Law: Fish

Important Legislation and Regulations

The Magnuson-Stevens Act

The Magnuson–Stevens Fishery Conservation and Management Act (MSA), enacted in 1979, is the primary law that governs marine fisheries management in U.S. federal waters. Furthermore, the act establishes (1) a fishery conservation zone between the territorial seas of the United States and 200 nautical miles offshore; (2) an exclusive U.S. fishery management authority over fish within the fishery conservation zone (excluding highly migratory species); (3) regulations for foreign fishing within the fishery conservation zone through international fishery agreements, permits, and import prohibitions; and (4) national standards for fishery conservation and management and eight regional fishery management councils to apply those national standards in fishery management plans. Over the years, the act has been amended in order to combat overfishing. For example, the latest amendment, called the MSA Reauthorization Act of 2007, mandates the use of annual catch limits and accountability measures in an attempt to eradicate overfishing.

The Sustainable Fisheries Act

This act, enacted in 1966, amended MSA. It accomplished several milestones in (1) strengthening requirements to prevent overfishing and rebuilding overfished fisheries; (2) setting standards for fishery management plans to specify objective and measurable criteria for determining stock status; (3) adding three new national standards to address fishing vessel safety; (4) adding the promotion of protection of "Essential Fish Habitat" (EFH); and (5) establishing a federal EFH consultation process that advises federal agencies to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH.

The Shark Conservation Act of 2010

This act was passed to amend the previous High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Act. Originally the Shark Conservation Act of 2009, when it was sent to the Senate, the bill was renamed to the Shark Conservation Act of 2010. This act is another piece of legislation designed to protect sharks as, a decade earlier, the Shark Finning Prohibition Act (SFPA) was passed. In addition to the SFPA, the act prohibits any person from cutting the fins of a shark at sea and from possessing, transferring and landing shark fins and tails that are not "naturally attached to the corresponding carcass." Also, several states have created stricter regulations or legislation that prohibit the possession and/or retention of shark fins, even if they are collected legally under the Shark Conservation Act. Some of these states include California, Washington, Delaware, Hawaii, New York, and Oregon.

More Information on the Shark Conservation Act

Examples of Protected Fish

Gila Trout

Native to the Gila River in Arizona and New Mexico, this species of salmonid was down-listed to threatened in 2006. It is one of the rarest trout species in the United States, and prior to it being listed under ESA, the largest threats to this fish were habitat loss and hybridization with the introduced rainbow trout. Gila Trout conservation is led by the Gila Trout Recovery Team, which is composed of professionals from several organizations, such as the New Mexico Department of Game and Fish, the University of New Mexico, and the Arizona Game and Fish Department.

Great Hammerhead

This species is the largest hammerhead shark species and is found in tropical waters worldwide. In addition to being protected by the Shark Conservation Act, several states have enacted legislation to protect several different species of sharks. For example, in Florida, it is unlawful to harvest, possess, land, purchase, sell or exchange this species commercially or recreationally in state waters. In 2019, IUCN listed this shark as critically endangered as it is a victim to overfishing (both commercially and recreationally).

Humpback Chub

This fish is native to the Colorado River and was listed under ESA in the early 1970s due to the construction of dams negatively impacting its environment. However, in 2021, it was down-listed from endangered to threatened by FWS. The largest threats to this fish are introduced species. The invasive Smallmouth Bass hunts the Humpback Chub, and the introduced Asian Tapeworm has been known to victimize the species. Additionally, several of the Colorado-River states also list the fish on its list of endangered and threatened species. IUCN lists the animal as endangered.

Sockeye Salmon

Although IUCN lists this animal as least concern, there are some populations throughout Canada and the United States that are protected under regulations and legislation. In the United States, two examples of populations that are protected under ESA are found in the Snake River and Lake Ozette, Washington. Additionally, proposed legislation, such as the Northern Rockies Ecosystem Protection Act, aims to protect the Northern Rockies population's environment from development. In Canada, many populations are under review by Fisheries and Oceans Canada.

Alligator Gar

This fish is the largest freshwater fish in North America, and one of the oldest living species as the fossil record traces the animal's existence 100 million years ago. The fish is also the largest of the gar species and can reach up to six feet in length. In some states, the fish is an invasive species; for example, California asks anyone who sees an Alligator Gar to report it to the California Department of Fish and Wildlife. "Platinum" alligator gars can be purchased as pets for thousands of dollars; however, in some states, Alligator Gar are illegal to own in addition to being protected by the Lacey Act.

Nassau Grouper

The Nassau Grouper was once the most common grouper species in the United States; however, overfishing and reef destruction drastically decreased its numbers. This fish has been listed as threatened under ESA. Fishing of this animal is now prohibited in the United States' federal waters, in the Bahamas, and in the Cayman Islands. Under section 4(d) of the ESA, NOAA has designated several areas as critical habitats in order to help protect the species. Since 2019, IUCN has listed this animal as critically endangered as their population has decreased by 60% over thirty years.

Gila Trout

Great Hammerhead

Humpback Chub

Sockeye Salmon

Alligator Gar

Nassau Grouper

Gila Trout

Print Materials on Fish

Tuna by Richard Ellis
Call Number: QL638.S25 E45 2009
ISBN: 9780307387103
Publication Date: 2009-07-14

Biodiversity of Fish in the United States

Biodiversity Map (Credit: BiodiversityMapping)

North American Fish

51% of all fish species are found in freshwater, meaning there are 18,000 species of freshwater fish which constitute 1/4 of the world's vertebrate species. In North America 800 species of these freshwater fish can be found swimming in the continent's many swamps, rivers, lakes, and other freshwater biomes. Fish are vital for communities, economies, and ecosystems as many depend on freshwater fisheries for food and income. In addition, fish are important to their ecosystems as they either prey on other organisms or are prey themselves. In North America, some fisherman do not fish for food or vocational reasons; instead, recreational fishing in both saltwater and freshwater biomes is popular as bass, pike, trout, marlin, tuna, and other species are popular among fisherman. In both environments, pollution and overfishing are the biggest threats to fish populations.