Federal regulations on gill nets center on the Magnuson-Stevens Fishery Conservation and Management Act, which sets the permit system and prohibited acts for U.S. offshore waters, and on the Marine Mammal Protection Act and Endangered Species Act, which layer on gear rules, authorizations, and reporting. Violations carry civil penalties of up to $100,000 each, adjusted annually for inflation, and the government can forfeit the vessel along with its gear, cargo, and catch.1Office of the Law Revision Counsel. 16 USC 1858 – Civil Penalties and Permit Sanctions2Office of the Law Revision Counsel. 16 USC 1860 – Civil Forfeitures Large-mesh drift gill nets are also being phased out entirely under a 2022 federal law.
What Counts as a Gill Net Under Federal Rules
Federal regulation defines a gill net as a panel of netting hung vertically in the water by floats on top and weights on the bottom, sized to entangle fish that try to pass through it.3eCFR. 50 CFR 600.10 – Definitions Two configurations matter for the rulebook. A set gill net is anchored to the bottom in a fixed position. A drift gill net floats freely, usually tethered to the vessel. Drift nets face materially tighter federal restrictions than set nets, including outright prohibitions on the largest versions.
The Magnuson-Stevens Framework and Penalties
The Magnuson-Stevens Act, codified at 16 U.S.C. § 1801, governs commercial fishing in the U.S. exclusive economic zone from roughly 3 to 200 nautical miles offshore.4Office of the Law Revision Counsel. 16 USC 1801 – Findings, Purposes and Policy Eight regional fishery management councils write the plans, and the National Marine Fisheries Service (NMFS) enforces them. Those plans decide where gill nets are allowed, what mesh sizes are legal, and which species you can target.
Penalties are steep. A single violation of a fishery management plan or of the act’s prohibited-acts provisions can draw a civil penalty of up to $100,000, indexed for inflation.1Office of the Law Revision Counsel. 16 USC 1858 – Civil Penalties and Permit Sanctions The government can also seize the vessel itself, along with everything aboard, through civil forfeiture.2Office of the Law Revision Counsel. 16 USC 1860 – Civil Forfeitures For a commercial operator, that is often the outcome that ends the business. Tampering with or stealing another operator’s gear in the EEZ is a separate prohibited act.5Office of the Law Revision Counsel. 16 USC 1857 – Prohibited Acts
Drift Net Restrictions and the 2022 Phase-Out
Drift gill nets 2.5 kilometers or longer were already prohibited under federal law consistent with the U.N. moratorium on large-scale high-seas driftnet fishing.6Office of the Law Revision Counsel. 16 USC 1826d – High Seas Driftnet Fishing Moratorium Foreign vessels tied to violations can be denied U.S. port access, and their fish products can be barred from import.7Office of the Law Revision Counsel. 16 USC 1826a – Denial of Port Privileges and Sanctions for High Seas Large-Scale Driftnet Fishing
The Driftnet Modernization and Bycatch Reduction Act, enacted in late 2022 as part of the National Defense Authorization Act, expanded the definition of “large-scale driftnet fishing” to cover any gill net with a mesh size of 14 inches or greater, regardless of length.8United States Congress. S.273 – Driftnet Modernization and Bycatch Reduction Act Existing permits for large-mesh drift gill nets are being phased out over five years, with the Department of Commerce running a transition program that offers grants for alternative gear. The phase-out concludes around late 2027, so any operator still using this gear in 2026 is in the final window of legal authorization.
Marine Mammal and Endangered Species Rules
The Marine Mammal Protection Act imposes a broad moratorium on taking any marine mammal in U.S. waters or on the high seas by anyone under U.S. jurisdiction. “Take” reaches harassing, hunting, capturing, or killing, and it includes fishing methods that violate regulations set by the Secretary of Commerce for a particular fishery.9Office of the Law Revision Counsel. 16 USC 1372 – Prohibitions
To fish lawfully where marine mammal interactions are possible, a vessel owner must register with NMFS and obtain an authorization for incidental take. Registration identifies the vessel, the fishery, the approximate location and duration of operations, and the gear. The current authorization decal or document has to be on board at all times. If a marine mammal is killed or injured on a trip, the operator must report it to NMFS within 48 hours of returning to port, using the standardized form and recording species, date, time, and location.10Office of the Law Revision Counsel. 16 USC 1387 – Incidental Taking of Marine Mammals During Commercial Fishing Operations
All sea turtles in U.S. waters are listed under the Endangered Species Act, and incidental take is prohibited without specific authorization.11Federal Register. Sea Turtle Conservation – Restrictions to Fishing Activities Operators whose fishing may take listed species can apply for an incidental take permit under 16 U.S.C. § 1539, which requires a conservation plan covering expected impact, minimization steps, alternatives considered, and funding. The Secretary must find the take is truly incidental, that impacts are minimized to the maximum extent practicable, and that the take won’t threaten the species before issuing the permit.12Office of the Law Revision Counsel. 16 USC 1539 – Exceptions
Required Gear: Pingers, Weak Links, and Markings
Take reduction plans turn these species-level rules into equipment requirements. Two are common for gill net operators.
Pingers are acoustic deterrents that broadcast a 10 kHz signal at 132 dB, repeating every four seconds, to warn marine mammals off the net. Drift gill net vessels must carry enough pingers for every string they set. For anchored gill nets in certain waters, an operating pinger must be attached at each end of the string and at intervals of no more than 300 feet along the net.13eCFR. 50 CFR Part 229 Subpart C – Take Reduction Plan Regulations and Emergency Regulations
Weak links are engineered breakaway points that let large entangled animals free themselves. On anchored gill nets, every buoy, float, and weight attached to a buoy line must connect through a weak link with a breaking strength of 1,100 pounds or less, and net panels themselves need weak links at prescribed intervals along the float line.14eCFR. 50 CFR 229.32 – Atlantic Large Whale Take Reduction Plan Regulations In Atlantic Large Whale Take Reduction Plan waters, additional rules apply: no portion of the buoy line may float at the surface when connected to bottom-set gear, groundlines must be entirely sinking line with no floats or toggles, and gear must be hauled at least once every 30 days.
Ownership marking is separate. In federally managed Northeast fisheries, the vessel owner’s name or official vessel number must be permanently affixed to buoys, nets, and other gear so it’s visible on the surface. The westernmost end of a gill net string carries a radar reflector and a pennant on a staff at least six feet above the buoy; the easternmost end carries only the radar reflector. If the net deviates more than 30 degrees from its set course, the point of deviation needs an additional marker with visible streamers.15eCFR. 50 CFR 648.84 – Gear-Marking Requirements and Gear Restrictions
Permits, Fees, and Transfers
Commercial gill net fishing in federal waters requires at least one NMFS permit, and the specific permit depends on the fishery. NMFS issues a limited-access gill net permit for king mackerel in the Southeast, for instance, and other fisheries have their own permit categories with distinct eligibility rules.16NOAA Fisheries. Gill Net for King Mackerel Commercial Fishing Permit – Limited Access
Federal application fees are modest. In the Southeast region, a vessel permit application is $25 for the first permit and $10 for each additional permit; a high seas fishing permit is $88.17NOAA Fisheries. Permits Applications and Forms in the Southeast The bigger costs are downstream: vessel safety equipment, VMS installation, observer coverage contributions, and the gear modifications above. Applications generally require the vessel’s official registration, owner identification, and, in some fisheries, historical catch records to prove eligibility. Once approved, the permit or electronic authorization must be aboard on every trip.
Some permits are transferable, but the process is controlled. In the Gulf reef fish fishery, a commercial vessel permit can transfer to another vessel owned by the same entity or to a new owner when the permitted vessel is sold. The application isn’t complete until the receiving vessel has an approved VMS installed and verified by NMFS, and a fee based on administrative cost applies.18eCFR. 50 CFR 622.20 – Permits and Endorsements Charter and headboat permits have their own rules, and some are tied to the specific captain named on the endorsement. Anyone buying a permitted vessel should confirm transferability before closing.
Monitoring: VMS, Observers, and Electronic Systems
Several federal programs verify compliance on the water.
Vessel Monitoring Systems
Certain permit categories require an active NMFS-approved GPS tracking unit that transmits position whenever the vessel is at sea. Any commercial vessel permitted for Atlantic highly migratory species that carries gill net gear aboard must operate a VMS.19eCFR. 50 CFR 635.69 – Vessel Monitoring Systems VMS is also a prerequisite for transferring certain permits to a new vessel.18eCFR. 50 CFR 622.20 – Permits and Endorsements
Fishery Observers
NMFS places trained observers on commercial vessels to collect independent data on catch, bycatch, and protected species interactions. Observer coverage is set regionally through fishery management plans, so selection depends on fishery and region.20NOAA Fisheries. Fishery Observers Once selected, a vessel owner generally can’t refuse. Observers document compliance with fishing and safety regulations, and NOAA coordinates with the Coast Guard and Office of Law Enforcement on any follow-up.
Electronic Monitoring
Some nontrawl fisheries let vessels use cameras and sensors in place of a human observer. Owners volunteer for an electronic monitoring pool through the Observer Declare and Deploy System by November 1 of the year before coverage begins. Approved vessels must install cameras through an authorized provider, keep the system powered whenever underway, and submit video to NMFS within two business days of finishing each trip.21eCFR. 50 CFR 679.51 – Observer and Electronic Monitoring System Requirements for Vessels and Plants
Reporting Catch, Discards, and Lost Gear
NMFS has been moving commercial fisheries to mandatory electronic logbooks. A proposed rule for Gulf and Atlantic fisheries would require vessel operators to submit a completed fishing report electronically within seven days after each trip ends, with a no-fishing report due within seven days of the end of any calendar month without a trip. Required fields include trip start and end times, primary area fished, and disposition of all retained catch and discards.22Federal Register. Electronic Logbook Reporting in Commercial Fisheries of the Gulf of America and Atlantic Operators selected for discard monitoring must also record the species and disposition of every fish thrown back. Marine mammal mortality or injury has its own faster deadline: 48 hours after the trip ends.10Office of the Law Revision Counsel. 16 USC 1387 – Incidental Taking of Marine Mammals During Commercial Fishing Operations
Some fisheries require reporting lost gear within a specified window, often 15 to 24 hours, with the gear type, approximate location and time of loss, and suspected cause. Reporting requirements vary by region, and many fisheries still lack a mandatory rule; where the obligation exists, failing to report is itself a violation. Check the applicable fishery management plan.
State Waters Are a Separate System
Federal rules control the EEZ, but each state regulates gill nets in its own territorial waters, generally out to three nautical miles. A net that is legal a few miles offshore may be banned inshore. At least one state has written a gill net ban into its constitution. Others impose seasonal closures, mesh size limits, or species-specific restrictions, and some allow gill nets only for commercial permit holders while banning recreational use. Crossing a jurisdictional boundary without checking local rules can lead to criminal charges, license revocation, or gear confiscation under state law. Federal compliance alone is not enough, and the only reliable step is consulting the fish and wildlife agency in every state where you plan to fish.