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Dashboard / Regulations / Fisheries of the Caribbean, Gulf of Amer…
Commerce Department Doc #2026-05813

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

Full Text
Published
March 25, 2026
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.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The court decision vacated a 2020 rule, restoring previous reporting requirements, which may limit the operational flexibility of permit holders.

Case Law: Fifth Circuit Court Decision (2023)
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