Rule2026-05813
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of America Fisheries; Court Decision
Primary source
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Published
March 25, 2026
Effective
April 24, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to clarify the reporting requirements that are in effect because of a 2023 decision from the U.S. Court of Appeals for the Fifth Circuit. The 2023 court decision vacated a 2020 final rule that implemented changes to the reporting requirements for owners and operators of vessels issued Gulf of America (Gulf) charter vessel/headboat permits (for-hire permits) for Gulf reef fish or Gulf coastal migratory pelagic (CMP) species. In compliance with the Fifth Circuit ruling, NMFS issues this rule to formally reinsert the current reporting requirements into the Code of Federal Regulations (CFR). The reporting requirements set forth by this rule are the same as those implemented in 2014 and in effect prior to the now-invalidated 2020 final rule. Further, as a result of the 2023 court decision, NMFS has already been directing permit holders to comply with these restored reporting requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 57 (Wednesday, March 25, 2026)</title>
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[Federal Register Volume 91, Number 57 (Wednesday, March 25, 2026)]
[Rules and Regulations]
[Pages 14480-14483]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05813]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260320-0087]
RIN 0648-BH72
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Reporting for Federally Permitted Charter Vessels and Headboats in Gulf
of America Fisheries; Court Decision
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to clarify the reporting
requirements that are in effect because of a 2023 decision from the
U.S. Court of Appeals for the Fifth Circuit. The 2023 court decision
vacated a 2020 final rule that implemented changes to the reporting
requirements for owners and operators of vessels issued Gulf of America
(Gulf) charter vessel/headboat permits (for-hire permits) for Gulf reef
fish or Gulf coastal migratory pelagic (CMP) species. In compliance
with the Fifth Circuit ruling, NMFS issues this rule to formally
reinsert the current reporting requirements into the Code of Federal
Regulations (CFR). The reporting requirements set forth by this rule
are the same as those implemented in 2014 and in effect prior to the
now-invalidated 2020 final rule. Further, as a result of the 2023 court
decision, NMFS has already been directing permit holders to comply with
these restored reporting requirements.
DATES: This final rule is effective on April 24, 2026.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to see FOR FURTHER INFORMATION
CONTACT section or to <a href="https://www.reginfo.gov/public/do/pramain">https://www.reginfo.gov/public/do/pramain</a>. Find
this particular information collection by selecting ``Currently under
30-day Review--Open for Public Comments'' or by using the search
function.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, email: <a href="/cdn-cgi/l/email-protection#23514a404b0d4e424f4a4d4c5450484a634d4c42420d444c55"><span class="__cf_email__" data-cfemail="25574c464d0b4844494c4b4a52564e4c654b4a44440b424a53">[email protected]</span></a>, phone: 727-824-5305.
SUPPLEMENTARY INFORMATION: NMFS, in collaboration with the Gulf Fishery
Management Council (Gulf Council) manages reef fish in Federal waters
of the Gulf under the Fishery Management Plan (FMP) for the Reef Fish
Resources of the Gulf (Reef Fish FMP). In Gulf and Atlantic Federal
waters, NMFS, in collaboration with the Gulf Council and South Atlantic
Fishery Management Council, manages CMP fish species under the FMP for
Coastal Migratory Pelagic Resources of the Gulf and Atlantic Region
(CMP FMP). NMFS implements the FMPs through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
This action is taken under the authority of section 303(a)(5) of the
Magnuson-Steven Act, which pertains to the specification of pertinent
fishery data that must be submitted to the Secretary of Commerce.
In 2014, NMFS implemented management measures contained in a
framework action under the Reef Fish FMP and the CMP FMP (Headboat
Reporting Framework), which modified recordkeeping and reporting
provisions for an owner or operator of a headboat that has been issued
a for-hire permit for Gulf reef fish or Gulf CMP species (2014 Rule; 79
FR 6097, February 3, 2014). If selected by NMFS to participate in the
Southeast Region Headboat Survey (SRHS), a headboat owner or operator
was required to submit an electronic fishing report weekly, or at
shorter intervals if notified by the Science and Research Director of
NMFS' Southeast Fisheries Science Center (SEFSC). The selected headboat
owners or operators were required to submit an electronic fishing
report to NMFS via the internet by the Sunday following the end of each
reporting week, which runs from Monday through Sunday; in other words,
reports were due within 7 days after a reporting week ends. If the
reports were not submitted on time, the owner or operator of the vessel
was prohibited from harvesting or
[[Page 14481]]
possessing the applicable species until any delinquent electronic
fishing reports were submitted to NMFS. The purpose of the Headboat
Reporting Framework was to obtain more timely fishing information from
headboats to better monitor recreational annual catch limits, improve
stock assessments, and improve compliance with reporting in Gulf
recreational for-hire fisheries.
On July 21, 2020, NMFS published a final rule to modify these
reporting requirements (85 FR 44005; 2020 Rule). The 2020 Rule expanded
the reporting requirement to all vessels issued Gulf for-hire permits
for Gulf reef fish or Gulf CMP species and required the submission of
an electronic fishing report after every for-hire trip, a notification
to NMFS (trip declaration) each time the vessel left the dock, and an
operating vessel monitoring system (VMS). The requirements to submit
the fishing reports and trip declarations became effective on January
5, 2021 (86 FR 51014, September 14, 2021), and the VMS requirement
became effective on March 1, 2022 (86 FR 60374, November 2, 2021).
Several Gulf for-hire permit holders filed a lawsuit challenging
the final rule, and on February 23, 2023, the U.S. Court of Appeals for
the Fifth Circuit set aside the 2020 Rule, thereby invalidating the new
reporting, declaration, and VMS requirements. The 2023 ruling restored
the status quo before the 2020 Rule took effect, i.e., the requirements
of the 2014 Rule. Accordingly, since the 2023 court decision, NMFS has
directed permit holders to comply with the 2014 regulations, and this
final rule formally reinserts the 2014 regulations applicable to
recreational for-hire permits into the CFR.
As a result, Gulf for-hire vessels that NMFS selected to
participate in the SRHS program are now required to submit electronic
trip-level reports on a weekly basis by the following Sunday after the
reporting week of Monday through Sunday. All other Gulf-hire vessels,
if selected, must submit a weekly report on forms provided, postmarked
no later than 7 days after the end of each week (Sunday).
However, the regulations at 50 CFR 622.26(b) and 622.374(b)
currently still include the provisions vacated by the court of appeals
and do not include the current requirements for vessels with the Gulf
Federal for-hire permits. The regulations at 50 CFR 622.20(b)(1)(ii)(A)
and 622.373(c)(1), which specify that permit renewal is contingent on
reporting as required, also include provisions that were modified by
the vacated final rule. This final rule removes the vacated provisions
and reinstates the regulations that specify the current requirements
for those vessels issued Gulf for-hire permits.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act, because this action is necessary to remove
vacated regulations in response to the decision of the Fifth Circuit
issued on February 23, 2023. The NMFS Assistant Administrator has
determined that this final rule is consistent with the Fifth Circuit's
decision, the Reef Fish FMP and the CMP FMP, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, because
they are unnecessary. This action reinstates the regulatory text that
was in place prior to the 2020 Rule vacated by the Fifth Circuit. NMFS
is unable to consider public comment for an alternative to the action
in this rule, because the court ruling does not allow discretion for
NMFS to take other action in this case. Therefore, a public comment
period is unnecessary in this case. The regulations implemented by the
2020 Rule are no longer in effect and this action is necessary to
reflect the reporting requirements that have been in effect since the
Fifth Circuit's decision.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is considered an E.O. 14192 deregulatory action.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes. Therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
Because prior notice and opportunity for public comment are not
required under 5 U.S.C. 553, the regulatory flexibility analysis
requirements of the Regulatory Flexibility Act at 5 U.S.C. 603-605 do
not apply to this rule. Accordingly, no regulatory flexibility analysis
is required and none has been prepared. When NMFS proposed the
electronic reporting requirements for the vessels participating in the
SRHS in 2014, the Chief Counsel for Regulation of the Department of
Commerce certified to the Chief Counsel for Advocacy of the Small
Business Administration during the proposed rule stage that the action
would not have a significant economic impact on a substantial number of
small entities. NMFS addressed comments on the economic analysis in the
2014 Rule that implemented those requirements, which are the same
requirements currently in effect because of the vacatur of the 2020
Rule.
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This rule changes the existing requirements for the collections
of information under 0648-0016, the Southeast Region Logbook Family of
Forms. Specifically, this final rule removes regulatory requirements
to: (1) submit a trip declaration and an electronic fishing report on a
per-trip basis; (2) land at verified locations only; (3) submit a
landing location request form if NMFS has not already verified a
landing location; (4) install and maintain on the vessel an active VMS;
(5) submit a form verifying successful installation and activation of a
VMS unit; and (6) submit a form to request an exemption to the
requirement to maintain an active VMS unit. Further, NMFS will not
conduct the fishermen intercept survey used previously to validate data
collected in the program. The estimated number of respondents,
anticipated responses, burden, hours, or burden cost all are zero. NMFS
did not request an extension through this revision of 0648-0016. The
estimated public reporting burden for the remaining information
collections under 0648-0016 remain unchanged and vary between
components, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
NMFS invites the public and other Federal agencies to comment on
proposed and continuing information collections, which helps with
assessing the impact of information collection requirements and
minimize the public's reporting burden.
To submit any written comments or recommendations for this
information collection see FOR FURTHER INFORMATION CONTACT section or
<a href="https://www.reginfo.gov/public/do/pramain">https://www.reginfo.gov/public/do/pramain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or
[[Page 14482]]
by using the search function and entering the OMB Control Number--0648-
0016.
Notwithstanding any other provision of the law, no person is
required to respond to, nor will any person be subject to a penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 23, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF AMERICA, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.20, revise paragraph (b)(1)(ii)(A)(2) to read as
follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) * * *
(2) NMFS' Southeast Headboat Survey (as required by Sec.
622.26(b)(1));
* * * * *
0
3. In Sec. 622.26, revise paragraph (b) to read as follows:
Sec. 622.26 Recordkeeping and reporting.
* * * * *
(b) Charter vessel/headboat owners and operators--(1) General
reporting requirement--(i) Charter vessels. The owner or operator of a
charter vessel for which a charter vessel/headboat permit for Gulf reef
fish has been issued, as required under Sec. 622.20(b), or whose
vessel fishes for or lands such reef fish in or from state waters
adjoining the Gulf EEZ, who is selected to report by the SRD must
maintain a fishing record for each trip, or a portion of such trips as
specified by the SRD, on forms provided by the SRD and must submit such
record as specified in paragraph (b)(2) of this section.
(ii) Headboats. The owner or operator of a headboat for which a
charter vessel/headboat permit for Gulf reef fish has been issued, as
required under Sec. 622.20(b), or whose vessel fishes for or lands
such reef fish in or from state waters adjoining the Gulf EEZ, who is
selected to report by the SRD must submit an electronic fishing record
for each trip of all fish harvested within the time period specified in
paragraph (b)(2)(ii) of this section, via the Southeast Region Headboat
Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1)(i) of this section for charter
vessels must be submitted to the SRD weekly, postmarked no later than 7
days after the end of each week (Sunday). Information to be reported is
indicated on the form and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by paragraph
(b)(1)(ii) of this section for headboats must be submitted at weekly
intervals (or intervals shorter than a week if notified by the SRD) by
11:59 p.m., local time, the Sunday following a reporting week. If no
fishing activity occurred during a reporting week, an electronic report
so stating must be submitted for that reporting week by 11:59 p.m.,
local time, the Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions only,
NMFS provides for use of paper forms for basic required functions as a
backup to the electronic reports required by paragraph (b)(1)(ii) of
this section. The RA will determine when catastrophic conditions exist,
the duration of the catastrophic conditions, and which participants or
geographic areas are deemed affected by the catastrophic conditions.
The RA will provide timely notice to affected participants via
publication of notification in the Federal Register, NOAA weather
radio, fishery bulletins, and other appropriate means and will
authorize the affected participants' use of paper-based components for
the duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has the
authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and received by
NMFS according to the reporting requirements under this section. A
report not received within the time specified in paragraph (b)(2)(ii)
is delinquent. A delinquent report automatically results in the owner
and operator of a headboat for which a charter vessel/headboat permit
for Gulf reef fish has been issued being prohibited from harvesting or
possessing such species, regardless of any additional notification to
the delinquent owner and operator by NMFS. The owner and operator who
are prohibited from harvesting or possessing such species due to
delinquent reports are authorized to harvest or possess such species
only after all required and delinquent reports have been submitted and
received by NMFS according to the reporting requirements under this
section.
* * * * *
0
4. In Sec. 622.373, revise paragraph (c)(1) to read as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
* * * * *
(c) * * *
(1) Renewal of a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish is contingent upon the permitted vessel and/or
captain, as appropriate, being included in an active survey frame for,
and, if selected to report, providing the information required in one
of the approved fishing data surveys. Surveys include, but are not
limited to--
(i) NMFS' Marine Recreational Fishing Vessel Directory Telephone
Survey (conducted by the Gulf States Marine Fisheries Commission);
(ii) NMFS' Southeast Headboat Survey (as required by Sec.
622.26(b)(1));
(iii) Texas Parks and Wildlife Marine Recreational Fishing Survey;
or
(iv) A data collection system that replaces one or more of the
surveys in paragraphs (c)(1)(i), (ii), or (iii) of this section.
* * * * *
0
5. In Sec. 622.374, revise paragraph (b) to read as follows:
Sec. 622.374 Recordkeeping and reporting.
* * * * *
(b) Charter vessel/headboat owners and operators--(1) General
reporting requirement--(i) Charter vessels. The owner or operator of a
charter vessel for which a charter vessel/headboat permit for Gulf or
Atlantic coastal migratory pelagic fish has been issued, as required
under Sec. 622.370(b)(1), or whose vessel fishes for or lands Gulf or
Atlantic coastal migratory fish in or from state waters adjoining the
Gulf, South Atlantic, or Mid-Atlantic EEZ, who is selected to report by
the SRD must maintain a fishing record for each trip, or a portion of
such trips as specified by the SRD, on forms provided by the SRD and
must submit such record as specified in paragraph (b)(2)(i) of this
section.
(ii) Headboats. The owner or operator of a headboat for which a
charter vessel/
[[Page 14483]]
headboat permit for Gulf coastal migratory fish or Atlantic coastal
migratory pelagic fish has been issued, as required under Sec.
622.370(b)(1), or whose vessel fishes for or lands Gulf or Atlantic
coastal migratory pelagic fish in or from state waters adjoining the
Gulf, South Atlantic, or Mid-Atlantic EEZ, who is selected to report by
the SRD must submit an electronic fishing record for each trip of all
fish harvested within the time period specified in paragraph (b)(2)(ii)
of this section, via the Southeast Region Headboat Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1)(i) of this section for charter
vessels must be submitted to the SRD weekly, postmarked no later than 7
days after the end of each week (Sunday). Information to be reported is
indicated on the form and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by paragraph
(b)(1)(ii) of this section for headboats must be submitted at weekly
intervals (or intervals shorter than a week if notified by the SRD) by
11:59 p.m., local time, the Sunday following a reporting week. If no
fishing activity occurred during a reporting week, an electronic report
so stating must be submitted for that reporting week by 11:59 p.m.,
local time, the Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions only,
NMFS provides for use of paper forms for basic required functions as a
backup to the electronic reports required by paragraph (b)(1)(ii) of
this section. The RA will determine when catastrophic conditions exist,
the duration of the catastrophic conditions, and which participants or
geographic areas are deemed affected by the catastrophic conditions.
The RA will provide timely notice to affected participants via
publication of notification in the Federal Register, NOAA weather
radio, fishery bulletins, and other appropriate means and will
authorize the affected participants' use of paper-based components for
the duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has the
authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and received by
NMFS according to the reporting requirements under this section. A
report not received within the time specified in paragraph (b)(2)(ii)
is delinquent. A delinquent report automatically results in the owner
and operator of a headboat for which a charter vessel/headboat permit
for Gulf coastal migratory pelagic fish has been issued being
prohibited from harvesting or possessing such species, regardless of
any additional notification to the delinquent owner and operator by
NMFS. The owner and operator who are prohibited from harvesting or
possessing such species due to delinquent reports are authorized to
harvest or possess such species only after all required and delinquent
reports have been submitted and received by NMFS according to the
reporting requirements under this section.
* * * * *
[FR Doc. 2026-05813 Filed 3-24-26; 8:45 am]
BILLING CODE 3510-22-P
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