Bycatch & the Magnuson-Stevens Fishery Conservation Act

The Problem

  • Bycatch is the incidental catch of non-target animals during commercial fishing operations. These include species that are not the target of a fishery, such as sea turtles and seabirds, and species that are targeted, but are undersized and, therefore, discarded. Under the original Magnuson-Stevens Fishery Conservation and Management Act (FCMA), bycatch was not recognized as having a serious impact. Now, it is known that it can be a leading factor in population declines of a wide range of marine wildlife. In many fisheries, the majority of fish that are discarded as bycatch are juvenile target species that have never had the chance to breed. Continued loss of large parts of the future breeding stock is a direct threat to a population's survival.
  • Red snapper and sea turtles, for example, have been severely affected by the Gulf of Mexico shrimp trawl fishery. Until regulations went into effect in May 1998, for every pound of shrimp caught, more than 4 pounds of other fish species were caught as bycatch and discarded dead. Approximately 30 nillion juvenile red snapper were dying in shrimp trawls each year, ultimately sending the species into a severe decline. The population was unable to maintain itself because so many juveniles were lost before reaching reproductive age. It remains to be seen whether the new regulations will enable the rebuilding of the depleted populations.
  • Many species caught as bycatch are never monitored, and, insofar as they have important roles in the marine ecosystem, the depletion of their populations reverberate throughout the living community. The loss of millions of small coastal sharks to shrimp trawls and gillnets in the Gulf of Mexico has no doubt altered that environment. Nine out of ten sharks caught in longline fisheries are unwanted and wastefully discarded. Bycatch accounted for the loss of 40,000 undersized north Atlantic swordfish to longlines in 1996 alone.

The Causes

  • Bycatch is primarily a result of using indiscriminate fishing gear. Although all fishing gear is to some degree non-selective, much of it can often be modified to reduce or prevent bycatch. The choice of fishing location and time of fishing also detetmines the amount of bycatch. For example, fishing in nursery areas will lead to high catches of undersized juveniles.

Requirements under the Magnuson-Stevens Act

  • With the reauthorization of the FCMA in October of 1996 and the passing of the Sustainable Fisheries Act (SFA), bycatch is now recognized as a serious threat to maintaining healthy fish populations and ecosystems.
  • The FCMA now requires that bycatch be avoided or, where it cannot be avoided, that the mortality be minimized. New Fishery Management Plans (FMPs) are required for all overfished species, and each FMP must contain management provisions to eliminate or reduce bycatch of all kinds. Under the SFA, the eight Fishery Management Councils were required to revitalize FMPs by October 1998 to:
    • Establish standardized reporting methods to assess the amount and type of bycatch in managed fisheries.
    • Adopt conservation measures that minimize bycatch through avoidance.
    • Minimize the mortality of bycatch that cannot be avoided.

Further Reading

Missing the Boat, the Marine Fish Conservation Network and the Center for Marine Conservation, January 1999. (for a copy of the report, please contact the Marine Fish Conservation Network at 202-543-5509)

Sustaining Marine Fisherics, National Reseatch Council, National Academy Press, Washington, DC 1999.

Report to Congress - Status of Fisheries of thc United States, National Marine Fisheries Service, September 1998.