Policy Formulation Versus Policy Implementation Under the Magnuson-Stevens Act: Insight from the North Pacific Crab Rationalization
33 Pages Posted: 22 Jan 2007
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: Suggested Citation