42744 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 

Recreational Landings Reports, and 

0648–0371 HMS Vessel Logbooks and 

Cost-Earnings Reports. 

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. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: July 30, 2021. 

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 635 is amended 

as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 2. In § 635.1, revise paragraph (b) to 

read as follows: 

§ 635.1 Purpose and scope. 

* * * * * 

(b) Under section 9(d) of ATCA, 

NMFS has determined that the 

regulations contained in this part with 

respect to Atlantic tunas are applicable 

within the territorial sea of the United 

States adjacent to, and within the 

boundaries of, the States of Maine, New 

Hampshire, Massachusetts, Rhode 

Island, New York, New Jersey, 

Delaware, Maryland, Virginia, North 

Carolina, South Carolina, Georgia, 

Florida, Alabama, Louisiana, and Texas, 

and the Commonwealths of Puerto Rico 

and the Virgin Islands. NMFS will 

undertake a continuing review of State 

regulations to determine if regulations 

applicable to Atlantic tunas, swordfish, 

or billfish are at least as restrictive as 

regulations contained in this part and if 

such regulations are effectively 

enforced. In such case, NMFS will file 

with the Office of the Federal Register 

for publication notification of the basis 

for the determination and of the specific 

regulations that shall or shall not apply 

in the territorial sea of the identified 

State. 

[FR Doc. 2021–16670 Filed 8–4–21; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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 shallowset 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 MagnusonStevens Act, and other applicable law. 


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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 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 collectionof-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 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. In § 665.14 revise paragraph (b) to 

read as follows: 

§ 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 § 665.124, § 665.142, 

§ 665.162, § 665.203(a)(2), § 665.224, 

§ 665.242, § 665.262, § 665.404, 

§ 665.424, § 665.442, § 665.462, 

§ 665.603, § 665.624, § 665.642, 

§ 665.662, § 665.801, § 665.905, 

§ 665.935, or § 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 § 665.801(b) or a Class 

C or D vessel subject to the requirements 

of § 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 

§ 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 § 665.142, § 665.242, 

§ 665.442, § 665.404, § 665.162, 

§ 665.262, § 665.462, § 665.662, or 

§ 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 


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42746 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 

allowed in paragraph (b)(2)(iii) of this 

section. 

(ii) [Reserved] 

(iii) If fishing was authorized under a 

PRIA bottomfish permit pursuant to 

§ 665.603(a), PRIA pelagic troll and 

handline permit pursuant to 

§ 665.801(f), crustacean fishing permit 

for the PRIA (Permit Area 4) pursuant to 

§ 665.642(a), or a precious coral fishing 

permit for Permit Area X–P–PI pursuant 

to § 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 § 665.124, § 665.224, 

§ 665.424, § 665.624, § 665.905, 

§ 665.935, or § 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB273] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Blackspotted and 

Rougheye Rockfish in the Central 

Aleutian and Western Aleutian 

Districts of the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of blackspotted and rougheye rockfish 

in the Central Aleutian and Western 

Aleutian districts (CAI/WAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary because the 2021 blackspotted 

and rougheye rockfish total allowable 

catch (TAC) in the CAI/WAI of the BSAI 

has been reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 2, 2021, 

through 2400 hours, A.l.t., December 31, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2021 blackspotted and rougheye 

rockfish TAC in the CAI/WAI of the 

BSAI is 169 metric tons (mt) as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021). In accordance with 

§ 679.20(d)(2), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

2021 blackspotted and rougheye 

rockfish TAC in the CAI/WAI of the 

BSAI has been reached. Therefore, 

NMFS is requiring that blackspotted and 

rougheye rockfish in the CAI/WAI of the 

BSAI be treated in the same manner as 

a prohibited species, as described under 

§ 679.21(a), for the remainder of the 

year, except blackspotted and rougheye 

rockfish species in the CAI/WAI caught 

by catcher vessels using hook-and-line, 

pot, or jig gear as described in 

§ 679.20(j). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the prohibited 

retention of blackspotted and rougheye 

rockfish in the CAI/WAI of the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of July 30, 

2021. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: August 2, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–16736 Filed 8–2–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018] 

RTID 0648–XB180 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

West Yakutat District of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2021 total 

allowable catch of Pacific ocean perch 

in the West Yakutat District of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 2, 2021, 

through 2400 hours, A.l.t., December 31, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR parts 600 and 679. 

The 2021 total allowable catch (TAC) 

of Pacific ocean perch in the West 

Yakutat District of the GOA is 1,705 

metric tons (mt) as established by the 

final 2021 and 2022 harvest 

specifications for groundfish of the GOA 

(86 FR 10184, February 19, 2021). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2021 TAC of Pacific 

ocean perch in the West Yakutat District 


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