It depends on where he is going.
I don't know what it's like now (as in the past few years) but when I had my FO tank, we went offshore here (80+ feet) and used to catch tiny Sargent Majors all day long..we'd trade 'em to the LFS for stuff.
I don't think it's illegal if you were not in a wildlife preserve, but your milage may vary: you might want to check with the local fish and wildlife folks and see what's going on.
I *DO* know it's illegal to take coral, gorgonians, rock and anything that doesn't have fins or claws (and in season) or suckers.