Date of Completion

Spring 5-1-2026

Thesis Advisor(s)

Matthew McKenzie, Claudia Koerting

Honors Major

Marine Sciences

Disciplines

Environmental Law | Environmental Policy | Environmental Studies | Marine Biology | Policy Design, Analysis, and Evaluation | Public Law and Legal Theory | Public Policy

Abstract

In 2007, almost twenty years ago, the Magnuson-Stevens Act changed the landscape of fisheries management in the US. Through the establishment of Fisheries Management Councils (FMCs), it paved the way for top-down management approaches that helped the government combat nationwide declines or collapses in fish stocks. Among the myriad responsibilities of the FMCs was the expectation that amendments to existing fisheries management plans would be a necessity to adapt to modern circumstances. This thesis focuses on New England Fisheries Management Council's (NEFMC's) Herring Amendment 8 (A8). This amendment, passed in 2021, attempts to lay the groundwork for sustainable management of the herring fishery, which has faced collapse in the past and is currently under threat. In particular, through the implementation of Acceptable Biological Catch (ABC) control rules, A8 strove to adopt more conservative estimates of sustainable harvest that would help the fishery recover. While this measure headlined A8, the attention of the thesis rests on a secondary provision that was far more controversial: the 12 nautical mile (nm) ban on midwater trawling (MWT) gear. While most of A8 went into force, a District Court case vacated the ban. This thesis seeks to uncover why the ban was so controversial, and the factors that resulted in its vacation in court. By analyzing policy documents pertaining to A8, aggregating public testimony from interest groups, and researching patterns of behavior within those interest groups, this thesis presents a clear set of interests that divide stakeholders in the herring fishery.

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