Federal Fishing Regulations
Federal fishing regulations apply to both recreational and commercial fishing in federal waters, defined generally as the ocean beyond three miles from shore. For our purposes we consider only the recreational regulations. Most species found in Federal waters are managed by regional Fishery Management Councils, usually composed of representatives from several states.
Direct federal regulation is accomplished through the National Marine Fisheries Service, which is part of NOAA and the U.S. Department of Commerce. Only a small number of specific species are directly regulated by the NMFS, because their activity is spread over such a large area as to require broad federal regulation. These species are identified and defined as Highly Migratory Species. All fishing activity related to these species is regulated by federal regulation, through the National Marine Fisheries Service.
Federal regulation of Highly Migratory Species not only identifies the species but sets the fishing season, minimum fish size, number of fish that may be taken, and the fishing gear that is authorized to fish for each species. For some species, there is also a 24 hour reporting requirement. A Compliance Guide is available from NMFS.
The only species groups managed by federal regulation include tunas, billfish, sharks and swordfish. Each group includes multiple species, which have varying requirements. Regulations do change during the season based on many factors including landing reports filed by anglers. In the regulation there are species, especially shark, listed as "Prohibited", where no fishing is permitted.
Federal permits are required for all recreational fishing for Highly Migratory Species. Permits are issued to the vessel, not to individual anglers. The vessel owner is responsible for compliance with all regulation, including reporting of catches. The "HMS Angling Permit" authorizes recreational angling.