Proposed Rule2021-12067
Pacific Island Fisheries; Electronic Logbooks for Hawaii and American Samoa Pelagic Longline Fisheries
Primary source
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Published
June 9, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 109 (Wednesday, June 9, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.wpcouncil.org">www.wpcouncil.org</a>.
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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.