[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42744-42746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16650]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 210730-0152]
RIN 0648-BK29


Pacific Island Fisheries; Electronic Logbooks for Hawaii and 
American Samoa Pelagic Longline Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS will require the use of electronic logbooks in the Hawaii 
pelagic longline fisheries and on Class C and D vessels in the American 
Samoa pelagic longline fishery. This final rule is intended to reduce 
human error, improve data accuracy, save time for fishermen and NMFS, 
and provide more rigorous monitoring and forecasting of catch limits.

DATES: The final rule is effective September 7, 2021.

ADDRESSES: The Western Pacific Fishery Management Council (Council) 
prepared a regulatory amendment that provides additional information 
and analyses that support this final rule. Copies are available from 
the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, or 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 Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., 
Bldg. 176, Honolulu, HI 96818, and to www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS Pacific Islands 
Regional Office Sustainable Fisheries, 808-725-5184.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Hawaii 
shallow-set and deep-set longline fisheries and the America Samoa 
longline fishery under the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific (FEP). The implementing Federal regulations for 
these fisheries include a suite of conservation and management 
requirements, including daily catch and effort reporting. The current 
system of collecting, collating, storing, and entering paper logbook 
data manually is costly, inefficient, and prone to delays and errors. 
To correct these inefficiencies, NMFS will require the use of 
electronic logbooks for vessels with Federal permits for the Hawaii 
longline fisheries, and Class C and D Federal permits for the American 
Samoa longline fishery.
    Vessel operators will be required to use a NMFS-certified 
electronic logbook to record catch, effort, location, and other 
information, and submit it within 24 hours of the completion of a 
fishing day. In the event of technology malfunction, NMFS will require 
that logbook data be submitted on paper or electronically within 72 
hours of the end of the affected fishing trip.
    After this rule's effective date, the requirements will apply to an 
individual permit holder after NMFS notifies the permit holder of the 
requirement to submit records electronically and after NMFS assigns an 
electronic logbook to the vessel. NMFS is responsible for purchasing, 
providing, and maintaining the tablets, software, and data transmission 
at no cost to fishery participants. In addition to providing the 
electronic logbooks, NMFS will provide vessel operators with individual 
user accounts and train them to use the system properly.
    Additional background information on this action is in the proposed 
rule published in the Federal Register on June 9, 2021 (86 FR 30582); 
we do not repeat it here.

Comments and Responses

    On June 9, 2021, NMFS published a proposed rule for public comment 
(86 FR 30582). The public comment period ended on July 9, 2021. NMFS 
received comments from two individuals generally supporting the 
proposed action. The commenters noted that electronic logbooks are 
effective in reducing data recording and processing errors, and related 
agency burden.

Changes From the Proposed Rule

    There are no changes in this final rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable law.

[[Page 42745]]

    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. NMFS received no comments 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule revises and seeks to extend by 3 years the existing 
requirements for the collection of information under OMB Control Number 
0648-0214 Pacific Islands Logbook Family of Forms by requiring the use 
of electronic logbooks in Hawaii pelagic longline fisheries and on 
Class C and D vessels in the American Samoa pelagic longline fishery. A 
60-day Federal Register notice published on May 25, 2021, provided 
notification of our intent to extend this information collection (86 FR 
28082). This revision is not expected to affect the number of 
respondents or anticipated responses and is expected to reduce the 
number of burden hours and burden cost to fishermen. The public 
reporting burden for completing an electronic logbook form for a 
completed fishing day is estimated to average 15 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.
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted on 
the following website: www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by using the search function and 
entering either the title of the collection or the OMB Control Number 
0648-0214.
    Notwithstanding any other provisions of the law, no person is 
required to respond or, nor shall any person by 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 665

    Administrative practice and procedure, Hawaii, American Samoa, 
Fisheries, Fishing, Longline, Pacific Islands, reporting and 
recordkeeping requirements.

    Dated: July 29,2021.
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 
665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

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


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


Sec.  665.14   Reporting and recordkeeping.

* * * * *
    (b) Fishing record forms--(1) Applicability--(i) Paper records. The 
operator of a fishing vessel subject to the requirements of Sec.  
665.124, Sec.  665.142, Sec.  665.162, Sec.  665.203(a)(2), Sec.  
665.224, Sec.  665.242, Sec.  665.262, Sec.  665.404, Sec.  665.424, 
Sec.  665.442, Sec.  665.462, Sec.  665.603, Sec.  665.624, Sec.  
665.642, Sec.  665.662, Sec.  665.801, Sec.  665.905, Sec.  665.935, or 
Sec.  665.965 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, except as required in 
paragraph (b)(1)(ii) of this section or as allowed in paragraph 
(b)(1)(iv) of this section.
    (ii) Electronic records. (A) The operator of a fishing vessel 
subject to the requirements of Sec.  665.801(b) or a Class C or D 
vessel subject to the requirements of Sec.  665.801(c) must maintain on 
board the vessel an accurate and complete record of catch, effort, and 
other data electronically using a NMFS-certified electronic logbook, 
and must record and transmit electronically all information specified 
by the Regional Administrator within 24 hours after the completion of 
each fishing day.
    (B) After the Regional Administrator has notified a permit holder 
subject to this section of the requirement to submit records 
electronically, and after the vessel has acquired the necessary NMFS-
certified equipment, the vessel and any vessel operator must use the 
electronic logbook. A vessel operator must obtain an individually 
assigned user account from NMFS for use with the electronic logbook.
    (C) Permit holders and vessel operators shall not be assessed any 
fee or other charges to obtain and use an electronic logbook that is 
owned and provided by NMFS. If a permit holder or vessel operator 
subject to this section does not use a NMFS-owned electronic logbook, 
the permit holder and operator must provide and maintain an alternative 
NMFS-certified electronic logbook.
    (D) If a vessel operator is unable to maintain or transmit 
electronic records because NMFS has not provided an electronic logbook, 
or if NMFS or a vessel operator identifies that the electronic logbook 
has experienced equipment (hardware or software) or transmission 
failure, the operator must maintain on board the vessel an accurate and 
complete record of catch, effort, and other data electronically or on 
paper report forms provided by the Regional Administrator.
    (iii) Recording. The vessel operator must record on paper or 
electronically all information specified by the Regional Administrator 
within 24 hours after the completion of each fishing day. The 
information recorded must be signed and dated, or otherwise 
authenticated, 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 section.
    (iv) State reporting. In lieu of the requirements in paragraph 
(b)(1)(i) of this section, the operator of a fishing vessel registered 
for use under a Western Pacific squid jig permit pursuant to the 
requirements of Sec.  665.801(g) may participate in a state reporting 
system. If participating in a state reporting system, all required 
information must be recorded and submitted in the exact manner required 
by applicable state law or regulation.
    (2) Timeliness of submission. (i) If fishing was authorized under a 
permit pursuant to Sec.  665.142, Sec.  665.242, Sec.  665.442, Sec.  
665.404, Sec.  665.162, Sec.  665.262, Sec.  665.462, Sec.  665.662, or 
Sec.  665.801, and if the logbook information was not submitted to NMFS 
electronically within 24 hours of the end of each fishing day while the 
vessel was at sea, the vessel operator must submit the original logbook 
information for each day of the fishing trip to the Regional 
Administrator within 72 hours of the end of each fishing trip, except 
as

[[Page 42746]]

allowed in paragraph (b)(2)(iii) of this section.
    (ii) [Reserved]
    (iii) If fishing was authorized under a PRIA bottomfish permit 
pursuant to Sec.  665.603(a), PRIA pelagic troll and handline permit 
pursuant to Sec.  665.801(f), crustacean fishing permit for the PRIA 
(Permit Area 4) pursuant to Sec.  665.642(a), or a precious coral 
fishing permit for Permit Area X-P-PI pursuant to Sec.  665.662, the 
original logbook form for each day of fishing within EEZ waters around 
the PRIA must be submitted to the Regional Administrator within 30 days 
of the end of each fishing trip.
    (iv) If fishing was authorized under a permit pursuant to Sec.  
665.124, Sec.  665.224, Sec.  665.424, Sec.  665.624, Sec.  665.905, 
Sec.  665.935, or Sec.  665.965, the original logbook information for 
each day of fishing must be submitted to the Regional Administrator 
within 30 days of the end of each fishing trip.
* * * * *
[FR Doc. 2021-16650 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-22-P