30582 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

22. None. 

V. Ordering Clauses 

23. Accordingly, it is ordered, 

pursuant to sections 4(i), 4(j), and 227b 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), and 

227b, that this Third Further Notice of 

Proposed Rulemaking is adopted. 

24. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

information Center, shall send a copy of 

this Third Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis (IRFA), 

to the Chief Counsel for Advocacy of the 

Small Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–12007 Filed 6–8–21; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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: 

• Electronic Submission: Submit all 

electronic comments via the Federal eRulemaking 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. 

• 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 atsea 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 


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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules 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 NMFSprovided 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 exvessel 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 


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30584 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules 

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 

■ 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 


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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules 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 

§ 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 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. 2021–12067 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with PROPOSALS1