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Priority review Rule Amended Final

Fisheries Reporting Rule for Charter Vessels - Reporting Requirements Clarification

Regs.gov: National Oceanic and Atmospheric Administration

Published April 24th, 2026

Detected March 25th, 2026

Summary

NMFS issues a final rule to clarify reporting requirements for Gulf charter vessel and headboat permit holders, reinstating 2014 requirements following a court decision that vacated a 2020 rule. This action formally reinserts the reporting requirements into the CFR, aligning with current NMFS directives to permit holders.

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What changed

This final rule from the National Marine Fisheries Service (NMFS) clarifies and reinserts existing fisheries reporting requirements for owners and operators of Gulf charter vessels and headboats into the Code of Federal Regulations (CFR). This action is a direct response to a U.S. Court of Appeals for the Fifth Circuit decision in 2023 that vacated a 2020 final rule. The reporting requirements being reinstated are those that were in effect in 2014, prior to the invalidated 2020 rule. NMFS has already been directing permit holders to comply with these restored requirements.

Compliance officers for affected entities must ensure their vessel operations adhere to the reporting obligations previously established in 2014. While the rule's effective date is April 24, 2026, NMFS has been enforcing these requirements since the court's decision. The rule aims to provide clarity and formalize the reporting obligations within the CFR, ensuring continued timely submission of electronic fishing reports to NMFS. Failure to comply with these reporting requirements, as previously enforced, could result in prohibitions on harvesting or possessing applicable species until delinquent reports are submitted.

What to do next

Review and ensure compliance with the reinstated 2014 reporting requirements for Gulf charter vessels and headboats.
Verify that electronic fishing reports are submitted weekly or as otherwise notified by NMFS.
Confirm that reports are submitted within 7 days of the end of each reporting week.

Penalties

Prohibition from harvesting or possessing applicable species until any delinquent electronic fishing reports are submitted.

Source document (simplified)

Content

ACTION:

Final rule.

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 https://www.reginfo.gov/public/do/pramain. 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: rich.malinowski@noaa.gov, 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

  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 https://www.reginfo.gov/public/do/pramain. Find this information collection by selecting “Currently under 30-day Review—Open for Public Comments” or

  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

Regulatory Text 1. The authority citation for part 622 continues to read as follows:

Authority:

16 U.S.C. 1801 et seq.

In § 622.20, revise paragraph (b)(1)(ii)(A)(2) to read as follows:

§ 622.20 Permits and endorsements.

(b) * * *

(1) * * *

(ii) * * *

(A) * * *

(2) NMFS' Southeast Headboat Survey (as required by § 622.26(b)(1));

In § 622.26, revise paragraph (b) to read as follows:

§ 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 § 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 § 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.

In § 622.373, revise paragraph (c)(1) to read as follows:

§ 622.373 Limited access system for charter vessel/headboat permits for Gulf coastal migratory pelagic fish.

(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 § 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.

In § 622.374, revise paragraph (b) to read as follows:

§ 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 § 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/

  headboat permit for Gulf coastal migratory fish or Atlantic coastal migratory pelagic fish has been issued, as required under
  § 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.

(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