[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Rules and Regulations]
[Pages 19123-19125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7291]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070207026-7079-02; I.D. 012207A]
RIN 0648-AS29


Fisheries in the Western Pacific; Optional Use of Electronic 
Logbook Forms

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule allows participants in U.S. domestic pelagics, 
crustaceans, bottomfish and seamount groundfish, precious corals, and 
coral reef ecosystems fisheries of the western Pacific region the 
optional use of NMFS-approved electronic logbook forms in lieu of paper 
logbooks. This action is intended to enhance the efficiency of fish 
catch and effort data reporting and recordkeeping by fishermen, reduce 
human error, and improve data accuracy.

DATES: This final rule is effective May 17, 2007.

ADDRESSES: Copies of the fishery management plans (FMPs) and the 
regulatory amendment may be obtained from Kitty M. Simonds, Executive 
Director, Western Pacific Fishery Management Council (Council), 1164 
Bishop Street, Suite 1400, Honolulu, HI 96813, or via the World Wide 
Web at www.wpcouncil.org. 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 William 
L. Robinson, Regional Administrator, NMFS Pacific Islands Region (PIR), 
1601 Kapiolani Blvd. Suite 1110, Honolulu, HI 96814, and by e-mail to 
David Rostker, <a href="/cdn-cgi/l/email-protection#92d6f3e4fbf6cdc0fde1e6f9f7e0d2fdfff0bcf7fde2bcf5fde4"><span class="__cf_email__" data-cfemail="c88ca9bea1ac979aa7bbbca3adba88a7a5aae6ada7b8e6afa7be">[email protected]</span></a> or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, (808) 944-2271.

SUPPLEMENTARY INFORMATION:

[[Page 19124]]

Electronic Access

    This Federal Register document is also accessible via the World 
Wide Web at the Office of the Federal Register: www.gpoaccess.gov/fr/index.html.

Background

    The NMFS Pacific Islands Region encompasses western Pacific Federal 
waters, i.e., the 200-nautical mile U.S. Exclusive Economic Zone (EEZ), 
around the Territories of Guam and American Samoa, the State of Hawaii, 
the Commonwealth of the Northern Mariana Islands, and other U.S. island 
possessions in the Pacific. Western Pacific fisheries are currently 
managed under five fishery management plans (FMPs)--Pelagics, 
Crustaceans, Bottomfish and Seamount Groundfish, Precious Corals, and 
Coral Reef Ecosystems.
    Current regulations (50 CFR 665.14) require permit holders, who 
fish for western Pacific management unit species and who are subject to 
Federal reporting requirements, to record their catch and effort 
information on paper logbook forms and submit them to NMFS. Maintaining 
paper logbook forms, and the interpretation of such forms, is subject 
to potential errors due to illegible handwriting and missed data entry. 
The availability and capacity of personal computers offer benefits to 
fishery participants and NMFS data collection programs. The optional 
use of electronic logbook data collection systems would utilize 
existing and emerging technologies to enhance the efficiency of fish 
catch and effort data reporting and recordkeeping by fishermen, reduce 
human error, and improve data accuracy. Furthermore, if transmitted 
through a remote communication system such as electronic mail or vessel 
monitoring system, electronic reporting provides a near real-time catch 
reporting system.
    At its 123rd meeting in June 2004, the Council took final action to 
recommend amending the western Pacific regulations to provide fishermen 
an alternative to the currently-required paper logbook forms. 
Specifically, fishermen would be allowed to submit logbook data to NMFS 
on removable non-paper media (such as diskette, CD-ROM, memory stick, 
etc.), and would also be allowed to transmit the data to NMFS via e-
mail or other remote communication systems, where such remote 
transmission was appropriate and feasible. The option to use electronic 
logbook forms would be available to fishermen who are subject to 
Federal reporting requirements under all western Pacific FMPs, as well 
as those participants in fisheries that may become subject to Federal 
reporting requirements.
    This action does not establish the technical requirements or 
protocols for the electronic logbook program. It is, however, the 
initial step for program implementation. The technical and legal 
specifications and operational details for the electronic logbook 
software program and hardware requirements will be developed and 
published by NMFS subsequent to this final rule.
    Additional background information on this final rule may be found 
in the preamble to the proposed rule (72 FR 7853) published on February 
21, 2007, and is not repeated here.

Comments and Responses

    On February 21, 2007, NMFS published in the Federal Register a 
proposed rule (72 FR 7853). The comment public comment period ended on 
March 23, 2007. NMFS received two comments on the proposed rule as 
follows:
    Comment 1: Electronic logbooks offer a means of achieving greater 
efficiency and effectiveness in reporting fishery information.
    Response: NMFS notes further that electronic data reporting has the 
potential to greatly reduce errors and costs.
    Comment 2: Computer systems aboard fishing vessels are typically 
not designed for the rigors of use at sea. The effectiveness of an 
electronic logbook reporting program, therefore, is conditional to 
frequent power disruptions and unreliability of at-sea computer 
systems.
    Response: NMFS recognizes the problems associated with using 
computers at sea, and will consider reliability, operational 
conditions, and associated issues when developing the technical 
specifications for approved electronic reporting systems. The 
difficulties of employing computers for fisheries data reporting is a 
reason that NMFS is implementing this final rule as an optional 
alternative to paper logbooks, and paper logbooks will continue to be 
accepted.

Changes to the Proposed Rule

    No changes to the proposed rule were made in this final rule.

Classification

    The Regional Administrator, NMFS PIR, has determined that this 
regulatory amendment is necessary for the conservation and management 
of the affected fisheries and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, or the economic impacts of the proposed 
rule. As a result, a regulatory flexibility analysis was not required 
and none was prepared.
    This final rule contains amendments to collection-of- information 
requirements subject to the Paperwork Reduction Act (PRA) and which has 
been approved by the Office of Management and Budget (OMB) under 
control number 0648-0214. The public reporting burden for this 
collection-of-information is estimated to average five minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information. Send comments 
regarding this burden estimate, or any other aspects of this data 
collection, including suggestions for reducing the burden, to William 
L. Robinson (see ADDRESSES), or by email to <a href="/cdn-cgi/l/email-protection#d490b5a2bdb08b86bba7a0bfb1a694bbb9b6fab1bba4fab3bba2"><span class="__cf_email__" data-cfemail="bffbdec9d6dbe0edd0cccbd4dacdffd0d2dd91dad0cf91d8d0c9">[email protected]</span></a> 
or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall 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 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, 
Pacific Remote Island Areas, Reporting and recordkeeping requirements.

    Dated: April 11, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is amended as 
follows:

[[Page 19125]]

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  665.14, revise paragraph (a) to read as follows:


Sec.  665.14  Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Sec. Sec.  665.21, 665.41, 665.61(a)(4), 
665.81, or 665.602 must maintain on board the vessel an accurate and 
complete record of catch, effort, and other data on paper report forms 
provided by the Regional Administrator, or electronically as specified 
and approved by the Regional Administrator. All information specified 
by the Regional Administrator must be recorded on paper or 
electronically within 24 hours after the completion of each fishing 
day. The logbook information, reported on paper or electronically, for 
each day of the fishing trip must be signed and dated or otherwise 
authenticated by the vessel operator in the manner determined by the 
Regional Administrator, and be submitted or transmitted via an approved 
method as specified by the Regional Administrator, and as required by 
this paragraph (a). The operator of any vessel subject to the 
requirements of Sec. Sec.  665.21, 665.41, 665.61(a)(4), or 665.81 must 
submit the original logbook information for each day of the fishing 
trip to the Regional Administrator within 72 hours of each landing of 
management unit species, unless the fishing was authorized under a PRIA 
troll and handline permit, a PRIA crustaceans fishing permit, a PRIA 
bottomfish permit, or a PRIA precious corals fishing permit, in which 
case the original logbook form for each day of fishing within the PRIA 
EEZ waters must be submitted to the Regional Administrator within 30 
days of each landing of management unit species. For fisheries managed 
under Sec.  665.602, the original logbook information for each day of 
the fishing trip must be submitted to the Regional Administrator within 
30 days of each landing of management unit species.
* * * * *
[FR Doc. E7-7291 Filed 4-16-07; 8:45 am]
BILLING CODE 3510-22-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>