Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19123 

actually wished to fish for albacore tuna 

in Canada for any given year. The result 

was that NMFS was not able to provide 

the Canadian Government an updated 

vessel list of vessels owners who 

intended to fish for albacore tuna in 

Canada for a particular fishing season. 

With this final rule, NMFS would 

amend 50 CFR 300.172 to state 

explicitly that the vessel list is effective 

for only one calender year and will be 

recompiled beginning on January 1 of 

each year. Additional vessels may be 

added to the list throughout the year in 

accordance with 50 CFR 300.172. 

Comments and Responses 

A proposed rule to implement this 

action was published on February 7, 

2007, at 72 FR 5652 and comments were 

solicited through March 9, 2007. No 

comments or responses were received. 

Classification 

The Regional Administrator, NMFS 

Southwest Region, determined that this 

final rule is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order (E.O.) 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 (72 FR 5652) 

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. As 

a result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

This final rule for revising the 

methodology for developing the list of 

vessels eligible to fish for albacore tuna 

in Canadian waters under the U.S. 

Canada Albacore Tuna Treaty presents 

contains a collection-of-information 

requirement subject to the Paperwork 

Reduction Act (PRA) that has been 

approved by OMB under control 

number 0648–0492. Public reporting 

burden for requesting to be placed on 

the list of vessels eligible to fish in 

Canadian waters is estimated to average 

0.08 hours per vessel or about 5 minutes 

each, 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 aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e-mail to 

DavidlRostker@omb.eop.gov, 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 300 

Fisheries, High seas fishing, 

International agreements, Permits, 

Reporting and recordkeeping 

requirements. 

Dated: April 11, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart L—Pacific Albacore Tuna 

Fisheries 

■ 1. The authority citation for part 300 

subpart L continues to read as follows: 

Authority: Sec. 401, Pub. L. 108–219, 118 

Stat. 616 (16 U.S.C. 1821 note). 

■ 2. Section 300.172 is revised to read 

as follows: 

§ 300.172 Vessel list. 

The ‘‘vessel list’’ is the list of U.S. 

vessels that are authorized to fish under 

the Treaty as amended in 2002. Only a 

vessel on the list for at least 7 days may 

engage in fishing in Canadian waters 

under the Treaty as amended in 2002. 

The owner of any U.S. vessel that 

wishes to be eligible to fish for albacore 

tuna under the Treaty as amended in 

2002 must provide the Regional 

Administrator or his designee with the 

vessel name, the owner’s name and 

address, phone number where the 

owner can be reached, the USCG 

documentation number (or state 

registration number if not documented), 

and vessel operator (if different from the 

owner) and his or her address and 

phone number. On the date that NMFS 

receives a request that includes all the 

required information, NMFS will place 

the vessel on the annual vessel list. 

NMFS will notify fishermen by a 

confirmation letter or email of the date 

the vessel was placed on the list. 

Because the vessel list will revert to zero 

vessels on December 31 of each year, the 

required information must be provided 

in the manner specified on an annual 

basis. 

[FR Doc. E7–7293 Filed 4–16–07; 8:45 am] 

BILLING CODE 3510–22–S 

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 NMFSapproved 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-ofinformation 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 email to David Rostker, 

DavidlRostker@omb.eop.gov or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, (808) 944–2271. 

SUPPLEMENTARY INFORMATION: 


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19124 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

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, CDROM, 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-ofinformation 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 DavidlRostker@omb.eop.gov 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. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 


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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19125 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 665 

continues to read as follows: 

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

■ 2. In § 665.14, revise paragraph (a) to 

read as follows: 

§ 665.14 Reporting and recordkeeping. 

(a) Fishing record forms. The operator 

of any fishing vessel subject to the 

requirements of §§ 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 

§§ 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 § 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 


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