Gulf of America Charter Vessel and Headboat Reporting Requirements Reinstated Following Fifth Circuit Court Decision

The National Marine Fisheries Service (NMFS) has issued a final rule to restore and formally reinstate the reporting requirements for owners and operators of federally permitted charter vessels and headboats (for-hire fishing vessels) operating in Gulf of America fisheries. This action was necessitated by a 2023 ruling from the U.S. Court of Appeals for the Fifth Circuit, which struck down a 2020 NMFS rule that had modified those same reporting requirements. The 2020 rule, which had changed how permit holders for Gulf reef fish and Gulf coastal migratory pelagic (CMP) species reported their activities, was vacated in its entirety by the court. As a result, NMFS is now formally reinserting into the Code of Federal Regulations the reporting requirements that were in place since 2014 — the standards that predated the now-invalidated 2020 changes. Importantly, NMFS had already been directing permit holders to comply with the restored 2014 reporting standards following the 2023 court decision. This final rule simply formalizes that compliance directive by codifying the requirements back into the CFR, ensuring legal clarity and regulatory continuity. The rule applies to all for-hire vessel operators holding Gulf charter vessel/headboat permits for reef fish or coastal migratory pelagic species in the Gulf of America, including areas managed under both the Gulf of Mexico Fishery Management Council and relevant Southeast Atlantic jurisdictions.

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