New Law Puts Small Fish First: Catch Limits Must Now Account for Hungry Whales and Birds

The Forage Fish Conservation Act of 2025 is essentially a major policy upgrade for the ocean's food chain. This bill aims to protect the small fish—known as “forage fish”—that act as the critical energy link between plankton and the bigger, commercially valuable fish, marine mammals, and seabirds we all care about. It requires the Secretary of Commerce to formally define what a “forage fish” is within 12 months and mandates that fishery managers start thinking about the entire ecosystem, not just the fish they are counting. For anyone who eats seafood, supports coastal economies, or just likes a healthy ocean, this is a big deal.

The Fish That Feed the World Get a Formal Definition

Right now, the definition of these small, schooling fish (like sardines, anchovies, and herring) can be a little fuzzy depending on the region. Section 3 forces the federal government to establish a clear, official definition of “forage fish” based on criteria like their low position in the food web and their role as a key food source for predators. This isn't just bureaucratic paperwork; it’s about making sure management rules apply consistently. The definition needs to consider whether a species makes up a “big part” of what other animals eat, a term that is a bit vague and could spark some debates among scientists and industry folks down the line. But the main takeaway is that these small fish are finally getting the dedicated policy attention they need.

No New Fishing Until the Science Is Done

One of the most immediate and impactful changes is found in Section 5. For any forage fish populations that aren't currently managed—meaning no one has set rules for catching them—the regional Councils must recommend a ban on starting any new directed fisheries. Think of this as a timeout. This moratorium stays in place until the Council reviews the best available science to figure out what opening a fishery for that species would do to existing commercial fisheries, coastal communities, and the environment. This is a smart, science-first approach that prevents a gold rush on unmanaged stocks. It means that if you were planning to launch a new operation targeting, say, a specific type of small, unmanaged sardine, you’re now on hold until the government finishes its homework.

Feeding the Predators Takes Priority

Perhaps the biggest long-term shift is in Section 6, which changes how catch limits are set for forage fish. Currently, managers primarily look at how many fish are needed to keep the forage fish population healthy. Under this new rule, which kicks in five years after the Act passes, they must also factor in the dietary needs of the fish, marine mammals, and birds that depend on them. Imagine a fisherman targeting anchovies: the new limit won't just be based on the anchovy population size, but also on how many anchovies the local whale population, tuna, and seabirds need to survive. This is a major win for ecosystem-based management, but it will likely mean tighter catch limits for commercial operations that target these species, potentially affecting their bottom line.

Higher Costs for Atlantic Trawlers

Section 8 introduces a significant operational change for Atlantic fisheries targeting herring and mackerel using mid-water trawl gear. To improve monitoring of species like river herring and shad (which are being officially added to the management plans), boats using this gear must now have an observer—either a person or an electronic system—on board for at least 50% of their fishing trips. This is a direct response to concerns about bycatch. While better monitoring is great for conservation, mandating human or electronic observers for half of all trips represents a substantial new cost for the affected fishing industry sectors, forcing them to adjust their operations and budgets immediately.