[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Proposed Rules]
[Pages 30582-30585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12067]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 210603-0120]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to require the use of electronic logbooks in 
Hawaii pelagic longline fisheries and on Class C and D vessels in the 
American Samoa pelagic longline fishery. This proposed 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: NMFS must receive comments by July 9, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0014, by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to http://www.regulations.gov and 
enter NOAA-NMFS-2021-0014 in the Search box, click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    <bullet> Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    The Western Pacific Fishery Management Council (Council) prepared a 
regulatory amendment that provides additional information and analyses 
that support this proposed 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 
proposed rule may be submitted to Michael D. Tosatto (see ADDRESSES) 
and to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

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) and America Samoa longline fisheries 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. Among the 
requirements are limited access permits, carrying at-sea observers, 
vessel monitoring system (VMS), daily catch and effort reporting, and a 
host of other gear and operational requirements.
    Current regulations require vessel operators to record and submit 
catch information in paper logbooks, with the option to use electronic 
logbooks. Currently, if using paper logbooks, NMFS requires vessel 
operators to record catch information daily and submit the logbooks 
within 72 hours of returning to port after a fishing trip. If using 
electronic logbooks, NMFS requires vessel operators to record catch 
information daily and submit electronic logs within 24 hours after the 
end of a fishing day. In the event of a system failure, vessel 
operators are required to submit electronic or paper logbooks within 72 
hours of returning to port after a fishing trip.
    There are approximately 144 active vessels in the Hawaii longline 
fisheries (shallow-set and deep-set combined) and approximately 12 
active Class C and D vessels in the American Samoa longline fishery. As 
of March 2021, approximately 94 vessels in the Hawaii fisheries are 
voluntarily using electronic logbooks. No vessels are using electronic 
logbooks in the American Samoa fishery.
    Paper logbooks require manual handling and data entry. Collecting, 
collating, storing, and entering data manually is costly, inefficient, 
and prone to errors. Additionally, NMFS and the Council manage U.S. 
longline bigeye tuna catch limits and allocation limits, which require 
forecasts of bigeye tuna catches throughout the fishing season to 
inform in-season management. Errors in recording and delay in data 
entry can result in near-term forecasting inaccuracy, potentially 
resulting in overages and underages of bigeye tuna catch with respect 
to the Western and Central Pacific Fisheries Commission (WCPFC) catch 
limits. Any overage in the WCPFC Convention Area would be applied to 
the catch limit in the subsequent year, thereby reducing the catch 
limit for the following year. Conversely, if forecasting inaccuracy 
leads to an underage, the fishery would not be allowed to carry-over 
the unused catch limit to the subsequent year, resulting in a reduction 
in catch available to the fishery and the Nation.
    In light of these inefficiencies, the Council in October 2018 
recommended that NMFS implement mandatory electronic logbooks in the 
Hawaii pelagic longline fisheries. In June 2019, the Council requested 
that the NMFS Pacific Islands Fisheries Science Center convene an 
Electronic Technologies Steering Committee to address electronic 
logbook implementation challenges. In June 2020, the Council considered 
requiring electronic logbooks in the Hawaii and American

[[Page 30583]]

Samoa pelagic longline fisheries. In September 2020, the Council 
recommended that NMFS require electronic logbooks for the Hawaii 
pelagic longline fisheries and for Class C and D vessels in the 
American Samoa pelagic longline fishery, implementation targeted for 
July 2021.
    Pursuant to the Council's recommendation, NMFS proposes to require 
the use of electronic logbooks for vessels with Federal permits for the 
Hawaii fishery, and Class C and D Federal permits for the American 
Samoa fishery. This proposed rule would continue to meet existing 
reporting and recordkeeping requirements set forth in 50 CFR 665.14.
    Under the proposed action, vessel operators would be required to 
use a NMFS-certified electronic logbook (consisting of a tablet 
computer and software application) 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 with hardware, 
software, or transmission, NMFS would require that logbook data be 
submitted on paper or electronically within 72 hours of the end of the 
affected fishing trip.
    If this rule is finalized, it would be effective no earlier than 30 
days after the date of publication in the Federal Register. After the 
effective date, the requirements would be applicable 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 would be 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 would provide vessel operators with individual user accounts and 
train them to use the system properly.
    If a third party were to develop an electronic logbook system in 
the future, NMFS would work with prospective provider(s) and fishery 
participants to review and evaluate those systems and, if appropriate, 
certify them for use in the fisheries. NMFS has not determined at this 
time whether it would provide alternative third-party systems to the 
fisheries at no cost, or if the fishery participants would be required 
to assume those costs.
    Near real-time reporting via electronic logbooks would improve 
timeliness in catch reporting and add precision and reduce catch 
forecast inaccuracies. This proposed action would ensure that Hawaii 
and American Samoa longline fishermen have the opportunity to maximize 
sustainable catch of bigeye tuna and species, facilitate the 
implementation of in-season accountability measures, and meet market 
demands, consistent with the conservation needs of the stocks. This 
proposed action would also support the NMFS Policy Directive on 
Electronic Technologies (ET) and Fishery Dependent Data Collection 
(Electronic Technology Policy Directive 04-115; May 7, 2019) to 
complement and/or improve existing fishery-dependent data collection 
programs to achieve the most cost-effective and sustainable approach 
that ensures alignment of management goals, data needs, funding sources 
and regulations.
    NMFS will consider public comments on this proposed rule and will 
announce the final rule in the Federal Register. NMFS must receive 
comments on this proposed action by the date provided in the DATES 
heading. NMFS may not consider comments postmarked or otherwise 
transmitted after that date. Regardless of the final rule, all other 
existing management measures would continue to apply in the longline 
fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation for the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    The proposed action would apply to pelagic longline fishing vessels 
holding Hawaii longline permits and American Samoa Class C and D 
longline permits under the FEP. Vessel operators would be required to 
record fishing data using electronic, and to submit electronic reports 
within 24 hours after completion of each fishing day via the NMFS-
provided VMS. NMFS would provide the electronic logbooks and training. 
In the case of a hardware, software, or transmission failure, NMFS 
would allow submission of electronic or paper report forms within 72 
hours of the end of each fishing trip. Implementing electronic logbooks 
would take advantage of emerging technology that could reduce human 
error, improve data accuracy, save time for fishermen and NMFS, and 
provide more rigorous monitoring and forecasting of catch limits and 
application of in-season accountability measures. This action is needed 
to ensure that the Hawaii and American Samoa longline vessels have the 
opportunity to maximize sustainable catch of bigeye tuna and other 
Western Pacific pelagic management unit species under the FEP to meet 
market demands consistent with the conservation needs of the stocks.
    Because NMFS is paying the costs of the hardware, software, data 
transmission, and training under the existing voluntary, and proposed 
mandatory, electronic reporting system, there will be minimal burdens 
on the fishery participants. There may be a brief training and learning 
period for operators to become familiar with recording and submitting 
electronic reports. There would be no new reporting elements for 
fishery participants. Only the method of reporting would change for 
some operators who are not already using the electronic system.
    In 2019, Hawaii longline vessels landed approximately 32.8 million 
lb (14,874 t) of pelagic fish valued at $94.8 million. With 146 vessels 
making either a deep- or shallow-set trip in 2019, the ex-vessel value 
of pelagic fish caught by Hawaii-based longline fisheries averaged 
almost $649,000 per vessel. In 2019, American Samoa-based longline 
vessels landed approximately 2.9 million lb (1,315 t) of pelagic fish 
valued at $3.9 million; albacore made up the largest proportion of 
pelagic longline commercial landings. With 17 active longline vessels 
in 2019, the ex-vessel value of pelagic fish caught by the American 
Samoa fishery averaged almost $230,000 per vessel.
    Complete data are not yet available for 2020, but preliminary 
information indicates that the longline fisheries experienced a 
temporary decrease in revenue and other fishery performance measures, 
possibly resulting from travel restrictions. In Hawaii, declines in 
tourism led to a reduction in demand for associated goods and services 
including locally caught seafood. These, in turn, affected fishery 
landings, fish prices, and revenues. Average revenues, landings, and 
prices from March through July dropped 45 percent, 34 percent, and 15 
percent, respectively, compared to averages for 2015-2019 (NMFS Pacific 
Islands Fisheries Science

[[Page 30584]]

Center, unpublished data). In American Samoa, 2020 longline fishing 
activity was also likely to have been similarly adversely affected, 
compounded by the imposition of incoming travel restrictions, which 
affected the recruitment of fishing crew. However, travel and other 
restrictions are likely to ease, which would help boost market demand 
for locally caught seafood, market prices, and fishing effort.
    NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing (NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. Based on available information, NMFS has determined that all 
vessels permitted federally under the FEP are small entities, i.e., 
they are engaged in the business of fish harvesting (NAICS 114111), are 
independently owned or operated, are not dominant in their field of 
operation, and have annual gross receipts not in excess of $11 million. 
Even though this proposed action would apply to a substantial number of 
vessels, the implementation of this action would not result in 
significant adverse economic impact to individual vessels.
    Under this proposed rule, the Hawaii and American Samoa longline 
fisheries are not expected to expand substantially or change their 
operations (i.e., area fished, number of vessels and trips, number and 
depth of hooks, or deployment techniques). The proposed rule does not 
duplicate, overlap, or conflict with other Federal rules and is not 
expected to have significant impact on small organizations or 
government jurisdictions. Furthermore, there would be little, if any, 
disproportionate adverse economic impacts from the proposed action 
based on gear type, or relative vessel size. The proposed action also 
will not place a substantial number of small entities, or any segment 
of small entities, at a significant competitive disadvantage to large 
entities.
    For the reasons above, NMFS does not expect the proposed action to 
have a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule revises the existing requirements for the collection 
of information under Office of Management and Budget (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. 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. 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.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at 
www.reginfo.gov/public/do/PRAMain.
    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: June 4, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 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. Sec.  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 
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

[[Page 30585]]

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) 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) 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. Sec.  
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 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. Sec.  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. 2021-12067 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-22-P