46 CFR Part 28 — Magnuson-Stevens Act — COLREGS Rule 26

Commercial Fishing Regulations

Fishing vessel safety requirements, EEZ boundaries, federal fisheries permits, COLREGS lights for fishing vessels, dockside hazards, and USCG boarding authority — everything the exam tests on commercial fishing.

Why This Topic Appears on the Exam

Commercial fishing is the most dangerous civilian occupation in the United States by fatality rate. The USCG exam reflects this reality by testing the regulatory framework deeply and repeatedly. Questions span four overlapping areas: vessel safety equipment under 46 CFR Part 28, navigation light and day shape requirements under COLREGS Rule 26, fisheries jurisdiction and permits under federal law, and confined-space hazards unique to fishing operations. Candidates for the OUPV near coastal and Master endorsements should expect multiple questions from this block.

200 nm

Extent of the U.S. Exclusive Economic Zone from the baseline

46 CFR 28

Primary safety regulation for uninspected fishing vessels

Rule 26

COLREGS rule governing all fishing vessel lights and shapes

Part 1 — Vessel Classification: Uninspected vs. Inspected

The threshold question for any commercial fishing vessel is whether it is an inspected or uninspected vessel. This determines which regulatory subchapter applies and what level of USCG oversight is required.

Most Common

Uninspected Fishing Vessels — 46 CFR Part 28

The majority of U.S. commercial fishing vessels are uninspected, meaning they are not required to hold a USCG Certificate of Inspection (COI). These vessels are governed by 46 CFR Part 28, the Commercial Fishing Industry Vessel Safety Act regulations. Part 28 sets minimum requirements for survival craft, fire protection, vessel condition, and equipment without requiring a formal USCG inspection before each voyage. The vessel owner is responsible for maintaining compliance. USCG may inspect at any time to verify compliance.

Certificate Required

Inspected Fishing Vessels — Subchapter C (46 CFR Parts 24-28)

Some fishing vessels are required to hold a COI and undergo formal USCG inspection. This applies to fish processing vessels of 5 GRT or more, fish tender vessels carrying more than 12 individuals employed on fishing vessels, and any vessel the USCG determines should be inspected. Subchapter C of 46 CFR (Parts 24 through 28) governs these vessels. Inspected vessels must meet stricter standards for construction, stability, firefighting, and survival equipment.

Exam Focus

Vessel Determination Factors

Key factors that determine inspection status include: route of operation (nearshore vs. offshore), distance from a harbor of safe refuge, number of crew members, whether fish processing occurs aboard, and whether the vessel carries others employed in the fishing industry. A vessel operating beyond 3 nm faces stricter Part 28 requirements. A vessel operating beyond 12 nm must meet full offshore survival equipment standards including immersion suits and offshore EPIRBs.

Part 2 — Safety Equipment Requirements: 46 CFR Part 28

Part 28 divides requirements by operating area. The farther a vessel operates from shore, the more equipment is required. The exam tests the distance thresholds and associated equipment, particularly survival craft and EPIRBs.

Operating DistanceSurvival CraftEPIRBImmersion Suits
Inland / Within 3 nmRing buoys and lifejackets for allNot requiredNot required (by Part 28 threshold)
Beyond 3 nm, within 20 nmInflatable life raft or equivalentCategory II (manual activation)Required in cold-water areas
Beyond 20 nmInflatable life raft, all personsCategory I (float-free, auto)Required for all persons
Beyond 200 nm (offshore)Offshore life raft, SOLAS standardCategory I with GPS linkRequired; hydrostatic release

Lifejackets (PFDs)

Type I PFDs (offshore life preservers) are required for each person on board on vessels operating beyond 3 nm. Type II or Type III may be acceptable in calmer nearshore waters. PFDs must be USCG-approved, properly fitted, and immediately accessible. Children's PFDs must be sized appropriately.

Ring Buoys

At least one ring buoy with 60 feet of line must be carried on vessels over 16 feet. Vessels over 26 feet must carry two ring buoys. Ring buoys must be immediately accessible for man-overboard recovery and must not be stored in locked compartments.

Visual Distress Signals

Three-day and three-night pyrotechnic signals or an approved combination of visual distress devices are required. Vessels under 16 feet and manually propelled vessels may use a combination of non-pyrotechnic signals. Signals must not be expired and must be stowed accessibly.

Fire Extinguishers

The number and type of portable fire extinguishers required scales with vessel length. Vessels with enclosed engine spaces require fixed suppression systems. All extinguishers must be USCG-approved, properly charged, and inspected annually. Type B extinguishers are required where flammable liquids are present.

Part 3 — COLREGS Rule 26: Lights and Shapes for Fishing Vessels

Rule 26 of COLREGS (the International Regulations for Preventing Collisions at Sea) is dedicated entirely to vessels engaged in fishing. It is one of the highest-frequency topics on the USCG exam. Understanding the distinction between trawling and non-trawling fishing is essential, as the lights differ.

Rule 26 Core Principle

A vessel engaged in fishing is a vessel that is fishing with nets, lines, trawls, or other fishing apparatus that restricts maneuverability. This does NOT include a vessel fishing with trolling lines or other gear that does not restrict maneuverability. A trolling vessel is treated as a power-driven vessel underway — not a fishing vessel under Rule 26.

A fishing vessel shows its Rule 26 lights in addition to sidelights and sternlight if it is making way. If it is not making way, it shows only the Rule 26 lights without sidelights or sternlight. Anchor lights are not required for fishing vessels whose Rule 26 lights are showing.

Trawling Vessel Lights

Two all-around lights in a vertical line: GREEN over WHITE. This is the key exam answer. If making way, add sidelights and a sternlight below. A trawler over 50 meters in length also adds a second masthead light abaft and higher than the forward one.

Day Shape: Two cones apex-to-apex (bicone)

Non-Trawling Fishing Vessel Lights

Two all-around lights in a vertical line: RED over WHITE. If making way, add sidelights and a sternlight. If gear extends more than 150 meters from the vessel, an additional all-around white light is shown in the direction of the gear.

Day Shape: Single cone apex downward

The 150-Meter Gear Light Rule

When a non-trawling fishing vessel has gear extending more than 150 meters (approximately 492 feet) in any direction from the vessel, an additional all-around white light must be shown in the direction of the gear. This allows approaching vessels to determine the bearing of the deployed gear. This rule applies only to non-trawling fishing vessels, not trawlers. Trawl nets are dragged behind and do not trigger this requirement.

Vessel TypeAll-Around Lights (Vertical)Making Way AddsDay Shape
Trawling vesselGreen over WhiteSidelights + SternlightTwo cones apex-to-apex (bicone)
Non-trawling fishingRed over WhiteSidelights + SternlightSingle cone apex-down
Non-trawling, gear over 150 mRed over White + White (gear direction)Sidelights + SternlightSingle cone apex-down
Trolling vessel (power-driven)No fishing lightsMasthead + Sidelights + SternlightNone (treated as power vessel)

Part 4 — Maritime Zones: Territorial Sea, Contiguous Zone, and EEZ

U.S. jurisdiction over fishing and resource exploitation extends through several overlapping maritime zones. The exam tests the boundaries of these zones and the type of authority exercised in each. Measurements are always from the baseline, which is generally the low-water line along the coast.

Internal Waters

Landward of the baseline

Full sovereignty. Equivalent to land territory. Foreign vessels have no right of innocent passage. U.S. law applies completely. Includes bays, harbors, rivers, and inland waters.

Territorial Sea

0 to 12 nautical miles

Full sovereignty subject to the right of innocent passage for foreign vessels. The U.S. extended its territorial sea from 3 to 12 nm in 1988 by presidential proclamation. Criminal jurisdiction over foreign vessels in transit is generally limited. U.S. fisheries jurisdiction is absolute in this zone.

Contiguous Zone

12 to 24 nautical miles

Limited enforcement authority. The U.S. may exercise control to prevent and punish infringement of customs, fiscal, immigration, and sanitary laws within its territory or territorial sea. Not full sovereignty. Note: Many exam questions test whether fisheries jurisdiction extends to 24 nm — it does not. Fisheries fall under the EEZ.

Exclusive Economic Zone (EEZ)

3 to 200 nautical miles from the baseline

Sovereign rights over all living and non-living natural resources of the sea and seabed. Foreign fishing is prohibited without a federal permit. Freedom of navigation and overflight are retained for all states. The EEZ was proclaimed by President Reagan in 1983 under Executive Order 12543. The Magnuson-Stevens Act governs fisheries management throughout the EEZ.

High Seas

Beyond 200 nautical miles

International waters governed by UNCLOS and flag state jurisdiction. No single state has sovereign rights. U.S.-flagged vessels remain subject to U.S. law. Some highly migratory species (tuna, billfish) managed by Regional Fishery Management Organizations (RFMOs) extend regulatory authority beyond 200 nm.

Exam Trap: The 3-Mile Line

Some questions reference the "3-nautical-mile territorial sea." This was the historical U.S. limit prior to 1988 and is still used in some state-law contexts. The modern U.S. territorial sea is 12 nm. The 3-nm line still appears in Part 28 as a threshold for equipment requirements and in some fisheries regulations tied to state vs. federal jurisdiction. Read each question carefully to determine which 3-nm reference is being used.

Part 5 — Magnuson-Stevens Fishery Conservation and Management Act

The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the foundational federal law for marine fisheries management in U.S. waters. It was first enacted in 1976 as the Fishery Conservation and Management Act, renamed after Senators Warren Magnuson and Ted Stevens, and reauthorized in 1996 (Sustainable Fisheries Act) and 2006 (Magnuson-Stevens Reauthorization Act). The exam tests basic MSA structure and purpose.

Purpose

The MSA was enacted to extend U.S. fisheries jurisdiction to 200 nm, displace foreign fishing fleets, develop the domestic fishing industry, and establish a comprehensive fisheries management framework. It requires the elimination of overfishing, rebuilding of overfished stocks, and sustainability of all federally managed fisheries.

Regional Fishery Management Councils

The MSA created eight Regional Fishery Management Councils (RFMCs) to develop Fishery Management Plans (FMPs) for species in their regions. Councils include representatives from the commercial and recreational fishing industry, environmental groups, and state agencies. NOAA Fisheries (NMFS) approves and implements FMPs.

National Standards

The MSA establishes 10 national standards that all FMPs must meet, including: preventing overfishing, using best available science, achieving optimum yield, minimizing bycatch, promoting safety at sea, and ending overfishing within established timeframes. Standard 10 requires conservation and management measures to promote safety of human life at sea.

Annual Catch Limits

The 2006 reauthorization required all FMPs to establish Annual Catch Limits (ACLs) and Accountability Measures (AMs) by 2011. ACLs cap total removals at or below the level that would cause overfishing. If an ACL is exceeded, AMs require corrective action — typically an in-season closure or deduction from the following year's quota.

Eight Regional Fishery Management Councils

New England Fishery Management Council
Mid-Atlantic Fishery Management Council
South Atlantic Fishery Management Council
Caribbean Fishery Management Council
Gulf of Mexico Fishery Management Council
Pacific Fishery Management Council
North Pacific Fishery Management Council
Western Pacific Fishery Management Council

Part 6 — Vessel Monitoring Systems (VMS)

Vessel Monitoring Systems are satellite-based electronic tracking devices that automatically report a vessel's position, speed, and course to NOAA Fisheries at regular intervals. VMS is a federal enforcement and fisheries management tool that allows NMFS and USCG to verify that vessels are complying with area restrictions, closed seasons, and gear requirements without being physically present on board.

Requirement

Who Is Required to Have VMS

Vessels holding federal fishing permits in many fisheries are required to install and maintain an NMFS-approved VMS unit. This includes most vessels fishing for highly migratory species (HMS), vessels fishing in the EEZ for groundfish, halibut, sablefish, and other managed stocks, and vessels operating in specific closed areas or under individual fishing quotas (IFQs). The specific VMS requirement is listed in the permit conditions and the applicable FMP.

Technical

VMS Hardware Requirements

The VMS unit must be an NMFS-approved type-approved device. It must be permanently installed, tamper-evident, and capable of reporting position at intervals specified in the permit (typically every hour, or more frequently during certain operations). The unit must be powered by the vessel's electrical system and operational at all times the vessel holds a federal fishing permit. A backup power source is recommended. Tampering with or disabling a VMS unit is a federal offense.

Operations

Reporting Intervals and Data

Standard reporting intervals are typically one-hour polls for most fisheries. Near closed areas or when fishing under IFQs, intervals may be shortened to 15 or 30 minutes. Each position report transmits: vessel identifier, GPS coordinates (latitude and longitude), course over ground, speed over ground, and timestamp. Data is received by the NMFS VMS program and the relevant Regional Council. USCG also has access to VMS data for law enforcement purposes.

Legal

VMS and USCG Enforcement

USCG and NMFS use VMS data to target boardings, verify vessels are fishing in permitted areas, confirm compliance with time-area closures, and investigate suspected violations. A vessel that enters a closed area can be identified by VMS data alone, supporting a violation charge even without a direct observation. VMS data is admissible as evidence in administrative and criminal proceedings. Vessels subject to VMS requirements must report gear-in-water events and may be required to hail in and hail out electronically.

Part 7 — Federal Fisheries Permits and State Licenses

Commercial fishing requires navigating a dual regulatory system. Federal permits cover fishing in the EEZ under the Magnuson-Stevens Act. State licenses cover fishing in state waters (generally 0 to 3 nm). Both may apply simultaneously when a vessel fishes across jurisdictional lines.

Federal Fishing Permits (NMFS)

  • Issued by NOAA Fisheries (NMFS) for specific species and gear types
  • Required for any fishing in the EEZ under a federal FMP
  • May be vessel-specific (attached to vessel) or owner-specific (transferable)
  • Must be carried on board and presented during USCG or NMFS boarding
  • Limited-access permits may have significant monetary value as fishing rights
  • Individual Fishing Quotas (IFQs) allocate a share of the Total Allowable Catch to permit holders

State Commercial Fishing Licenses

  • Issued by state fish and wildlife agencies for fishing in state waters
  • State waters generally extend 3 nm from shore (9 nm for Texas and Gulf coast of Florida)
  • License requirements vary by state, species, gear type, and season
  • Some states require separate licenses for each crew member in addition to a vessel license
  • State landing tickets or fish tickets document catch at time of landing
  • State law enforcement (marine patrol) enforces state licenses in state waters

Highly Migratory Species (HMS) Permits

Highly migratory species including Atlantic tunas, swordfish, sharks, and billfish require separate HMS permits in addition to other federal fishing permits. HMS permits are issued by NMFS and must be on board when targeting or retaining these species. Atlantic HMS are managed under the Atlantic Tunas Convention Act (ATCA) and HMS FMP. Pacific HMS are managed under separate authority. Some HMS species (e.g., Atlantic bluefin tuna) require individual allocation permits and have specific reporting requirements upon landing.

Part 8 — Logbook Requirements for Commercial Fishing Vessels

Federal logbook requirements are a condition of federal permit issuance. They exist to provide catch and effort data essential to stock assessment and fisheries management. The exam may test what must be recorded, when it must be submitted, and the consequences of non-compliance.

What Must Be Recorded

Federal fishing logbooks require documentation of: species caught and kept, species discarded, area fished (latitude and longitude or statistical area), gear type and amount deployed, soak time or tow duration, number of hauls or sets, number of crew, vessel trip number, date and time of departure and landing, and dealer/buyer information at landing. Some fisheries require individual fish count, size, or weight in addition to total weight by species.

When Logbooks Must Be Submitted

Logbooks must generally be submitted to the applicable NMFS Regional Office or Fisheries Service Center within 15 days of landing. Electronic logbook systems (ELBs) are increasingly required and allow real-time transmission. High-value or quota-limited fisheries may require trip-level reporting before the next trip commences. Some fisheries require hail-out notifications before departing and hail-in reports before landing.

NMFS Observers

Federal fisheries observers may be placed on board commercial fishing vessels to independently collect biological data (species composition, size, weight, sex, age samples) and verify logbook accuracy. Observer coverage requirements vary by fishery from zero to 100 percent. Vessel operators must allow observer access to all areas of the vessel, provide safe working conditions, and not interfere with observer duties. Observer data is critical to stock assessment and is distinct from logbook data.

Penalties for Non-Compliance

Failure to maintain or submit required fishing logbooks is a civil violation under the Magnuson-Stevens Act and the applicable FMP. Penalties include: permit suspension or revocation, civil monetary penalties up to $140,000 per violation, permit sanction (days-at-sea reduction), referral for criminal prosecution in cases of intentional falsification. USCG boarding officers are authorized to inspect logbooks and verify compliance during at-sea boardings.

Part 9 — Dockside Safety and Fish Hold Hazards

Confined space fatalities are a significant hazard in commercial fishing. Fish holds, refrigerated cargo spaces, and engine rooms create conditions where toxic gases accumulate or oxygen is depleted. The exam tests recognition of these hazards and the required precautions before entry.

COCarbon Monoxide
Source: Internal combustion engines, generators, galley stoves
Key Hazard: Odorless, colorless — no warning before incapacitation
Limits: TWA 35 ppm; IDLH 1,200 ppm
Action: Atmospheric test before entry; forced ventilation; supplied-air if CO detected
H2SHydrogen Sulfide
Source: Decomposing fish, shellfish, organic matter in holds
Key Hazard: Causes olfactory fatigue — you stop smelling it at dangerous levels
Limits: TWA 1 ppm; IDLH 100 ppm
Action: Never rely on odor alone; test atmosphere; SCBA or airline respirator required above 10 ppm
O2Oxygen Deficiency
Source: Fish oxidation, CO2 flooding, inerting gases, microbial respiration
Key Hazard: Normal air is 20.9% O2; below 19.5% is deficient; below 16% is dangerous
Limits: Minimum safe O2: 19.5%; IDLH: below 16%
Action: Test O2 level before entry; ventilate; use SCBA if O2 below 19.5%

Confined Space Entry Protocol

Before any person enters a fish hold, refrigerated space, or other confined space aboard a fishing vessel, the following steps are required:

  1. 1.Test the atmosphere for oxygen level, combustible gases, and toxic gases (CO and H2S at minimum) using a calibrated multi-gas detector.
  2. 2.If oxygen is below 19.5%, combustibles are above 10% of LEL, or toxic gases exceed PELs, ventilate the space with forced fresh air before entry.
  3. 3.Post an attendant at the entry point with communications and rescue equipment. The attendant must not enter the space to perform rescue — they must summon trained rescuers.
  4. 4.Re-test the atmosphere after ventilation. If atmospheric hazards persist, entry requires supplied-air (SCBA or airline respirator) with a rescue harness and lifeline.
  5. 5.Continue monitoring throughout the entry. Atmospheric conditions can change rapidly as fish decompose or as fresh product is loaded.

Common Fatal Error

The most common cause of multiple fatalities in fish hold accidents is an untrained rescuer entering a space to help an incapacitated victim — and also being overcome. When a person is found unconscious in a fish hold or confined space, the rescuer must assume atmospheric hazard and use supplied-air protection before entering. Attempting rescue without supplied air has resulted in three or more deaths in a single incident on commercial fishing vessels.

Part 10 — USCG Boarding and Inspection of Fishing Vessels

The Coast Guard has broad statutory authority to board and inspect commercial fishing vessels without a warrant. This authority is a common exam topic and is also important for any captain operating in U.S. waters.

Statutory Boarding Authority

Under 14 U.S.C. Section 522 and 46 U.S.C. Section 70001 et seq., the USCG may board any vessel subject to U.S. jurisdiction on the high seas or in U.S. waters to examine the vessel, its equipment, and its documents. No warrant is required. This authority has been repeatedly upheld by federal courts. Boarding authority extends to the contiguous zone and EEZ for enforcement of U.S. laws applicable in those zones, including the Magnuson-Stevens Act and 46 CFR Part 28.

What Boarding Officers Inspect

A USCG boarding team typically examines: (1) vessel documentation or registration; (2) operator and crew licenses and credentials; (3) federal and state fishing permits; (4) safety equipment (PFDs, EPIRBs, survival craft, fire extinguishers, visual distress signals); (5) navigation lights and day shapes; (6) VHF radio and required communications equipment; (7) logbooks and catch records; (8) the fish hold for prohibited species or quota overages; (9) VMS unit status and compliance; and (10) overall vessel condition for seaworthiness.

Vessel Detention and Operational Controls

If a USCG boarding officer determines that a vessel is unsafe or non-compliant, the vessel may be detained until deficiencies are corrected. A vessel found to be manifestly unsafe may be directed to return to port. Permit violations can be referred to NMFS for administrative action. Civil and criminal penalties apply. A vessel may also be seized as a vessel used in the commission of a federal violation under the Magnuson-Stevens Act or other applicable statutes.

Captain's Obligations During Boarding

The captain of a fishing vessel must heave-to and allow boarding when signaled by a USCG vessel or aircraft. Refusing to heave-to or interfering with a boarding is a separate federal offense. The captain must present all required documents, provide access to all spaces aboard including the fish hold, and comply with the lawful orders of the boarding officer. The captain has no right to refuse entry to any part of the vessel. Crew members must cooperate with the boarding team.

Exam Quick Reference — Most Tested Items

High-Frequency Exam Questions on Commercial Fishing

Q:

What lights does a trawling vessel show at night?

Green over White all-around, plus sidelights and sternlight if making way.

Q:

What lights does a non-trawling fishing vessel show?

Red over White all-around, plus sidelights and sternlight if making way.

Q:

What is the day shape for a vessel engaged in trawling?

Two cones apex-to-apex (bicone) in a vertical line.

Q:

How far does the U.S. EEZ extend?

200 nautical miles from the baseline.

Q:

What does the contiguous zone extend from and to?

12 to 24 nautical miles from the baseline.

Q:

When is a Category I EPIRB required on a fishing vessel?

When operating beyond 20 nm from shore (float-free, automatically activating).

Q:

What are the three primary atmospheric hazards in fish holds?

Carbon monoxide (CO), hydrogen sulfide (H2S), and oxygen deficiency.

Q:

Which federal law governs fisheries management in the EEZ?

The Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Q:

When does a fishing vessel need to show a light in the direction of its gear?

When gear extends more than 150 meters from a non-trawling fishing vessel.

Q:

Can the USCG board a fishing vessel without a warrant?

Yes. The USCG has broad warrantless boarding authority under 14 U.S.C. 522.

Q:

What is the minimum safe oxygen level before entering a confined space?

19.5 percent. Below this level is considered oxygen deficient.

Q:

What does VMS stand for and why is it required?

Vessel Monitoring System — required for federal permit holders to allow NMFS to track vessel position, verify compliance with closed areas, and monitor fishing effort.

Frequently Asked Questions — Commercial Fishing Regulations

What lights does a fishing vessel show when trawling under COLREGS Rule 26?+
A vessel engaged in trawling shows two all-around lights in a vertical line: green over white. If the vessel is also making way, it adds sidelights and a sternlight. A vessel fishing by any method other than trawling shows red over white. During daylight, trawlers display two cones apex-to-apex (bicone); non-trawling fishing vessels display a single cone apex-down.
What is the difference between an uninspected and inspected fishing vessel?+
Uninspected fishing vessels are not required to hold a USCG Certificate of Inspection (COI). They are governed by 46 CFR Part 28. Inspected fishing vessels — including fish processing vessels of 5 GRT or more and fish tender vessels carrying more than 12 crew employed in fishing — must hold a COI and comply with the more stringent Subchapter C requirements.
What survival craft are required on commercial fishing vessels operating beyond 3 nm?+
Vessels operating beyond 3 nm must carry an inflatable life raft or equivalent sufficient for all persons on board, plus PFDs, ring buoys, and a Category II EPIRB. Vessels operating beyond 20 nm must upgrade to a Category I (float-free, automatically activating) EPIRB. Immersion suits are required in cold-water areas for vessels operating beyond 3 nm.
How far does the U.S. Exclusive Economic Zone extend?+
The U.S. EEZ extends from the baseline (low-water line) to 200 nautical miles offshore. Within the EEZ the U.S. has sovereign rights over all living and non-living natural resources. Foreign fishing in the EEZ without a federal permit is prohibited under the Magnuson-Stevens Act.
What is the Magnuson-Stevens Act?+
The Magnuson-Stevens Fishery Conservation and Management Act is the primary federal law governing marine fisheries management in U.S. federal waters. Enacted in 1976, it established eight Regional Fishery Management Councils, extended U.S. fisheries jurisdiction to 200 nm, and requires sustainable management including the elimination of overfishing.
What is a Vessel Monitoring System (VMS) and when is it required?+
A VMS is a satellite-based GPS tracking device that automatically reports vessel position, speed, and course to NOAA Fisheries. It is required for vessels holding federal fishing permits in many fisheries, particularly those fishing in the EEZ. The unit must be NMFS-approved, tamper-evident, and operational at all times.
Do commercial fishing vessels need both a federal permit and a state license?+
Generally yes. Federal fishing permits are required for fishing in the EEZ under NMFS management. State commercial fishing licenses are required for fishing in state waters (0 to 3 nm, or 0 to 9 nm in Texas and Gulf Florida). Both may apply when a vessel crosses jurisdictional boundaries.
What must be recorded in a federal commercial fishing logbook?+
Federal logbooks require: species caught and discarded, area fished, gear type and quantity, number of hauls or sets, trip dates, vessel and crew information, and landing details. Logbooks must be submitted to NMFS within 15 days of landing. Electronic logbooks are increasingly required in place of paper records.
What are the three main atmospheric hazards in fish holds?+
Carbon monoxide (CO) from engines; hydrogen sulfide (H2S) from decomposing fish, which causes olfactory fatigue so you stop smelling it at dangerous concentrations; and oxygen deficiency, which occurs when fish oxidation or inerting gases deplete oxygen below the safe minimum of 19.5 percent.
Can the USCG board a commercial fishing vessel without a warrant?+
Yes. Under 14 U.S.C. Section 522, the USCG has broad warrantless boarding authority over any vessel subject to U.S. jurisdiction. This applies in U.S. waters, the EEZ, and on the high seas. Refusing to heave-to or interfering with a boarding is a separate federal offense.
What does COLREGS Rule 26 say about a trolling vessel?+
A trolling vessel is NOT considered a fishing vessel under Rule 26. Trolling lines do not restrict maneuverability. A trolling vessel is treated as a power-driven vessel underway and must display masthead light, sidelights, and sternlight — not fishing lights.
What is the 150-meter rule for fishing vessel lights?+
When a non-trawling fishing vessel has gear extending more than 150 meters in any direction from the vessel, it must display an additional all-around white light in the direction of the deployed gear. This allows other vessels to identify the bearing of the gear. This rule applies only to non-trawling fishing vessels.
What is the difference between the contiguous zone and the EEZ?+
The contiguous zone extends from 12 to 24 nm; the U.S. can enforce customs, fiscal, immigration, and sanitary laws here but does not have full sovereignty. The EEZ extends from the baseline to 200 nm; here the U.S. has sovereign rights over all natural resources including fisheries. Fisheries are managed under the EEZ, not just the contiguous zone.
What is the minimum safe oxygen level before entering a fish hold?+
19.5 percent oxygen is the minimum threshold for safe entry into a confined space. Below 19.5 percent is considered oxygen deficient. Below 16 percent is immediately dangerous to life and health (IDLH). Atmospheric testing must be performed before entry, and supplied-air equipment must be used if oxygen is deficient.
What happens if a USCG boarding officer finds a fishing vessel non-compliant?+
The officer may detain the vessel until deficiencies are corrected, direct the vessel to return to port, issue citations for violations, refer permit violations to NMFS for administrative penalties, or seize the vessel if it was used in commission of a federal crime. Civil penalties under the Magnuson-Stevens Act can reach $140,000 per violation.
What immersion suits are required on fishing vessels?+
Commercial fishing vessels operating beyond 3 nm in waters where the mean water temperature is 15 degrees Celsius (59 degrees Fahrenheit) or less must carry a USCG-approved immersion suit for each person on board. Suits must be properly sized, accessible, and maintained per manufacturer specifications. Crew must be trained in donning procedures.

Part 11 — Stability Requirements for Fishing Vessels

Capsizing is the leading cause of death on commercial fishing vessels. Stability requirements under 46 CFR Part 28 aim to reduce this risk by requiring that operators understand their vessel's stability characteristics and operate within safe loading limits. The exam may test basic stability concepts as applied to fishing vessels.

Stability Letter and Inclining Experiment

Certain fishing vessels over 79 feet (24 meters) are required to undergo a stability test (inclining experiment) and carry a stability letter issued or accepted by the USCG. The stability letter documents the vessel's center of gravity (KG), metacentric height (GM), and the range of positive stability — the heel angle at which the vessel will no longer self-right. The operator must understand how loading changes affect stability and must not exceed the limits stated in the stability letter.

Free Surface Effect

Free surface effect occurs when liquid (water in the bilge, fish slurry in holds, fuel partially consumed) shifts as the vessel rolls. This effectively raises the center of gravity and reduces GM, making the vessel less stable. On fishing vessels, partially filled fish holds with seawater or slurry, improperly drained deck areas, and tanks that are neither empty nor full all contribute to free surface effect. Operators should keep tanks either full or empty where possible and ensure fish hold drainage systems are functional.

Deck Loading and Icing

Ice accumulation on decks, rigging, and superstructure raises the center of gravity and can cause a rapid and catastrophic stability reduction. Fishing in icing conditions requires continuous deck and rigging ice removal. Heavy topside loads from fish, gear, and equipment stacked on deck have the same effect. Part 28 requires operators to be aware of topside weight and its effect on stability. Vessels certified for cold-weather operations must have written icing procedures.

Damaged Stability and Flooding

A flooding casualty can rapidly destroy the stability of a fishing vessel. Fish holds that flood through damaged plating or open sea cocks, and engine rooms that flood through propeller shaft seals or gland failures, can sink a vessel within minutes. Watertight integrity must be maintained at all times at sea. Damage control equipment — portable pumps, wooden plugs, damage control fittings — should be accessible and crew should be trained in their use. The USCG exam may test the effect of flooding a compartment on trim and stability.

Stability Exam Points

A higher center of gravity reduces GM and stability
Free surface effect reduces effective GM
Reducing topside weight improves stability
Full fuel and water tanks reduce free surface effect
Ice on deck raises CG and reduces GM
A vessel with a negative GM will capsize without external force
The range of stability is the heel angle at which GZ becomes zero
Flooding any space adds weight low but raises waterline and affects trim

Part 12 — Pollution Prevention on Commercial Fishing Vessels

Commercial fishing vessels are subject to MARPOL Annex V (garbage), Annex I (oil), and U.S. domestic regulations under the Act to Prevent Pollution from Ships (APPS) and the Clean Water Act. Violations can result in civil and criminal penalties, permit revocation, and vessel detention.

Oil Discharge Prohibition

Discharging oily water (bilge water) from the machinery space is prohibited within the U.S. territorial sea (12 nm) and within 50 nm of shore for vessels over 400 GRT or any vessel with an oily water separator. Fishing vessels under 400 GRT operating within 3 nm may not discharge any oily mixture. The Oily Water Separator (OWS) must be operational and the Oil Record Book must be maintained accurately. Falsifying the Oil Record Book is a criminal offense — U.S. courts have imposed significant prison sentences on vessel officers for this violation.

Garbage and Fish Waste (MARPOL Annex V)

MARPOL Annex V and U.S. federal law prohibit throwing plastics of any kind into any waters — territorial sea, EEZ, or high seas. Fish waste (guts, bones, offal) may be discharged more than 3 nm from shore when not in a special area. Fishing nets, line, and synthetic materials may not be discharged at sea. Vessels 40 feet and over operating in U.S. waters must have a MARPOL Annex V placard posted, and vessels over 26 feet must have a waste management plan available.

Discharge of Fish Processing Waste

Fish processing waste — including fish parts, blood water, and visceral material — is subject to discharge restrictions. Such waste may generally be discharged more than 3 nm from shore outside of designated marine protected areas and state-restricted zones. Some Regional Fishery Management Councils have additional restrictions on the discharge of bycatch and undersized species to prevent concealment of quota violations. USCG boarding officers inspect waste discharge logs and look for evidence of illegal at-sea dumping.

Related Exam Topics

Crew and Master Licensing Requirements for Commercial Fishing

Commercial fishing vessels that carry fish for hire, carry crew members for compensation, or operate as fish tender vessels servicing other fishing operations may require that the operator hold a USCG Merchant Mariner Credential (MMC) with an appropriate license endorsement. The specific requirement depends on the vessel's route, size, and the activities conducted.

OUPV (Six-Pack) License

The Operator of Uninspected Passenger Vessels license (OUPV, commonly called a six-pack license) allows the holder to operate uninspected passenger vessels carrying up to six paying passengers. A commercial fishing vessel that carries paying passengers (e.g., charter fishing) requires the operator to hold an OUPV or higher license. The OUPV does not authorize operation of inspected vessels or vessels carrying more than six passengers. Near coastal and ocean endorsements extend the geographic scope.

Master License Endorsements

A USCG Master license allows operation of inspected vessels and uninspected passenger vessels. Master licenses are tonnage-rated and route-rated. A Master 25 Ton license covers vessels up to 25 GRT. A Master 100 Ton covers vessels up to 100 GRT. Larger fish processing and tender vessels require higher-tonnage Master licenses. Near coastal and ocean endorsements allow operation beyond the inland and boundary line limits. Some fisheries require operators to hold specific endorsements as a condition of the federal permit.

When a USCG License Is Not Required for Commercial Fishing

A USCG operator license is generally NOT required simply because a vessel is engaged in commercial fishing for profit. An owner-operator fishing commercially for their own account, with only crew employed in fishing operations (not paying passengers), does not need a USCG operator license solely for the fishing activity. However, if the vessel becomes a passenger vessel by carrying paying persons who are not part of the fishing crew, then a license is required. The distinction between a fishing crew member and a passenger is an exam topic: a person employed to assist in the catch and handling of fish is crew, not a passenger.

STCW Endorsements for Offshore Fishing Vessels

Vessels operating beyond 100 miles from shore on voyages that extend beyond inland and near-coastal limits may require crew to hold Standards of Training, Certification, and Watchkeeping (STCW) endorsements. This is particularly relevant for large offshore fishing vessels, factory trawlers, and fish processing ships operating in the EEZ and beyond. STCW requirements include proficiency in survival craft, advanced fire fighting, first aid, and security awareness. Most small commercial fishing vessels operating near-coastal are exempt from STCW requirements.

Bycatch, Protected Species, and Take Restrictions

Bycatch — the unintended capture of non-target species — is a central management issue in all federal fisheries. Marine mammals, sea turtles, and seabirds protected under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA) may be incidentally taken in commercial fishing gear. Federal regulations require specific bycatch reduction measures and impose strict liability for unauthorized takes of protected species.

Marine Mammal Protection Act (MMPA)

The MMPA prohibits the take (harassment, hunting, capture, or killing) of marine mammals in U.S. waters or by U.S. citizens on the high seas, with very limited exceptions. Incidental take of marine mammals in commercial fishing is governed by section 101(a)(5) of the MMPA, which requires NMFS authorization through an Incidental Take Authorization (ITA) or through the List of Fisheries process. Fisheries that exceed threshold take levels must implement Take Reduction Plans (TRPs). Vessels fishing in managed fisheries must comply with TRP requirements, which may include specific gear modifications, acoustic deterrents (pingers), and area/seasonal restrictions.

Endangered Species Act (ESA) and Sea Turtle Interactions

Commercial fishing gear — particularly longlines, trawls, and gill nets — can incidentally catch sea turtles, all of which are listed as threatened or endangered under the ESA. NMFS has developed Reasonable and Prudent Alternatives (RPAs) requiring the use of circle hooks instead of J-hooks on pelagic longlines in areas where sea turtles are present, and requiring Turtle Excluder Devices (TEDs) on shrimp trawls. A TED is a rigid grid device installed in the trawl that deflects sea turtles out of the net while allowing shrimp to pass through. Failure to use required TEDs or circle hooks is a federal violation.

Prohibited Species and Bycatch Limits

Many FMPs designate specific species as prohibited — they may not be retained regardless of how they are caught. Atlantic sturgeon, certain Pacific salmon stocks, certain rockfish species, and others may be prohibited in specific fisheries. When a prohibited species is caught, it must be returned to the water immediately with the least possible harm. Possession of a prohibited species is a federal violation even if the fish was not targeted. Federal observers document prohibited species interactions and bycatch rates to inform stock assessments and gear restriction decisions.

Communications and Distress Signaling Requirements

Commercial fishing vessels are required to maintain communications equipment appropriate to their operating area. The exam tests both the regulatory requirements and the practical use of these systems during emergencies.

Required

VHF-FM Radio

All vessels subject to the Federal Communications Commission (FCC) Ship Station License requirement must maintain a VHF-FM radio capable of operating on Channel 16 (156.800 MHz), the international distress, safety, and calling channel. Channel 16 must be monitored at all times when the radio is in use. Channel 22A is used for communications with the USCG after initial contact on Channel 16. Vessels beyond 20 nm may also be required to carry SSB (single sideband) HF radios for extended-range communications.

Critical

EPIRB Registration

All 406 MHz EPIRBs must be registered with NOAA at beaconregistration.noaa.gov. The registration links the EPIRB to the vessel name, owner, and emergency contacts. When activated, the COSPAS-SARSAT satellite system transmits the beacon's unique identifier and GPS position to the USCG Search and Rescue Coordination Center (SARCC). An unregistered EPIRB activation significantly delays rescue because SAR coordinators cannot identify the vessel. Registration must be updated annually and whenever the vessel or owner information changes.

Required

Pyrotechnic Signals

Three-day and three-night visual distress signals are required for fishing vessels operating on coastal waters, Great Lakes, territorial sea, and beyond. Acceptable combinations include: orange smoke signals (day), aerial red flares (day/night), hand-held red flares, and parachute flares. Signals must not be expired. Expired pyrotechnics may be retained as backups but do not count toward the minimum requirement. The USCG accepts electric visual distress signals as a supplement to pyrotechnics on vessels over 16 feet.

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Practice questions on COLREGS Rule 26, EEZ boundaries, survival craft requirements, fish hold hazards, and federal fisheries law with the NailTheTest exam simulator.

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USCG exam-format questions — OUPV and Master license levels covered