Policy Formulation Versus Policy Implementation Under the Magnuson-Stevens Act: Insight from the North Pacific Crab Rationalization

33 Pages Posted: 22 Jan 2007

See all articles by Scott C. Matulich

Scott C. Matulich

Washington State University - School of Economic Sciences

Richard Henry Seamon

University of Idaho - College of Law

Monica Roth

affiliation not provided to SSRN

Ritchie Eppink

University of Idaho

Abstract

The Magnuson-Stevens Fisheries Conservation and Management Act (MSA) governs management of fisheries three to 200 miles off the U.S. coast. MSA is a unique law in that it devolves policy formulation to eight Regional Fishery Management Councils rather than to a federal agency. The National Marine Fisheries Service (NMFS) is relegated primarily to developing regulations that implement Council policies. MSA accords NMFS only limited agency review of Council policy. NMFS has no authority to revise policy to suit its own preferences, or to write regulations that undercut council policy intent, except when conflicts with other applicable laws arise. MSA's legislative history reveals NMFS routinely undercuts this special administrative process. It does so through the regulations it writes. We review a recent example in which NMFS attempted to undermine the North Pacific Fishery Management Council's crab rationalization policy through the regulation-writing process. We offer a simple solution to help avoid future abuse of authority.

Keywords: magnuson-stevens act, fisheries, national marine fisheries service

JEL Classification: K23, K39

Suggested Citation

Matulich, Scott and Seamon, Richard Henry and Roth, Monica and Eppink, Ritchie, Policy Formulation Versus Policy Implementation Under the Magnuson-Stevens Act: Insight from the North Pacific Crab Rationalization. Boston College Environmental Affairs Law Review, Vol. 34, No. 1, Spring 2007, Available at SSRN: https://ssrn.com/abstract=958448

Scott Matulich

Washington State University - School of Economic Sciences ( email )

P.O. Box 646210
Hulbert Hall 101
Pullman, WA 99164
United States
(509) 335-1607 (Phone)
(509) 335-1173 (Fax)

Richard Henry Seamon (Contact Author)

University of Idaho - College of Law ( email )

P.O. Box 442321
Moscow, ID 83844
United States
208-885-7061 (Phone)

Monica Roth

affiliation not provided to SSRN ( email )

No Address Available

Ritchie Eppink

University of Idaho ( email )

875 Perimeter Drive
Moscow, ID 83844
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
149
Abstract Views
1,474
Rank
354,722
PlumX Metrics