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Reminder: Federal Permit Requirements when Possessing Atlantic Mackerel as Bait

October 13, 2023

This bulletin summarizes the federal permit requirements for owners/operators of commercial and party/charter vessels that possess Atlantic mackerel as bait in federal waters.

If you own/operate a commercial or party/charter vessel that possesses Atlantic mackerel in or from federal waters, you must have a federal mackerel permit. This includes trips where:

  • You catch mackerel in federal waters to use as bait to target other species (e.g., highly migratory species (HMS) such as striped bass and tuna).
  • You catch mackerel in state waters to use as bait to target other species, then travel into federal waters with those fish.

This bulletin applies primarily to vessels that fish for mackerel to use as fresh bait. If you purchase mackerel on shore before a fishing trip, you do not need a federal mackerel permit in order to possess those fish. However, be sure to retain your bill of sale or other documentation to show that the mackerel were not caught during your trip.

Charter/Party Fishing

If you own/operate a vessel that is taking a trip carrying paying customers and you fish in federal waters using mackerel as bait, you must hold a Category 2 Squid/Mackerel/Butterfish Charter Party permit. If you are a paying customer on a charter/party trip, you do not need to hold your own permit - you are covered under the permit held by the vessel.

The Federal recreational possession limit is 20 mackerel per person, per trip, including for-hire crew. If the 20 fish per person possession limit is constraining for your business practices, please contact the Sustainable Fisheries Division at (978) 281-9315 to discuss additional permit options.

See reporting requirements under Vessel Trip Reporting.

Commercial HMS Fishing

If you own/operate a vessel that is taking a commercial trip in federal waters, using mackerel as bait, and does not require more than 20 mackerel per person, per trip, you must hold a Category 2 Squid/Mackerel/Butterfish Charter Party permit. If the 20 fish per person possession limit is constraining for your business practices, please contact the Sustainable Fisheries Division at (978) 281-9315 to discuss additional permit options.

See reporting requirements under Vessel Trip Reporting.

Vessel Trip Reporting

If you hold a Category 2 Squid/Mackerel/Butterfish Charter Party permit, you must submit an electronic vessel trip report (eVTR) after every trip, regardless of area fished or species targeted. For more information on VTR requirements, please visit our Vessel Trip Reporting in the Greater Atlantic Region page.

Applying for a Permit

You can apply for a Category 2 Squid/Mackerel/Butterfish Charter Party permit through your Fish Online account. If you need help with the online application or setting up an account, or have any other questions about the online forms and applications, please contact our Permits Office at (978) 282‐8438 between 8 a.m. and 4:30 p.m. ET or email NMFS.GAR.Permits@noaa.gov.

Private Recreational Anglers

Anglers aged 16 or older need a permit to fish in federal waters. All of the states in the Greater Atlantic Region also have saltwater fishing license and/or registration requirements. You should obtain your license from the state you fish from that will meet both of these requirements. If you fish from multiple states, you may need a permit from each. For more information, please see our Recreational Saltwater Fishing in the Greater Atlantic Region webpage. The Federal recreational possession limit is 20 mackerel per person, per trip, regardless of whether the mackerel is used for bait or intended for consumption.

State Regulations

State fishing regulations, including recreational permitting requirements, may differ from federal regulations. Please consult with your state to determine its regulations. When federal and state regulations both apply, vessels are bound by the most restrictive requirements.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.