[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Proposed Rules]
[Pages 7853-7854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2893]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 070207026-7026-01; I.D. 012207A]
RIN 0648-AS29


Fisheries in the Western Pacific; Optional Use of Electronic 
Logbook Forms

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would allow fishery participants in U.S. 
domestic pelagics, crustaceans, bottomfish and seamount groundfish, 
precious corals, and coral reef fisheries of the western Pacific the 
optional use of NMFS-approved electronic logbook forms in lieu of paper 
logbooks. The intended effects of this action are to enhance the 
efficiency of fish catch and effort data reporting and recordkeeping by 
fishermen, reduce human error, and improve data accuracy.

DATES: Comments on the proposed rule must be received by March 23, 
2007.

ADDRESSES: You may submit comments, identified by AS29elog by any of 
the following methods:
     E-mail: [email protected]. Include ``AS29elog'' in the 
subject line of the message.
     Federal e-Rulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: William L. Robinson, Administrator, NMFS Pacific 
Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.
    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 William L. Robinson (see ADDRESSES), 
or by e-mail to [email protected], or faxed to 202-395-7285.
    Copies of the Fishery Management Plans (FMPs) and the regulatory 
amendment document that describes the proposed changes may be obtained 
from Kitty M. Simonds, Executive Director, Western Pacific Fishery 
Management Council (Council), 1164 Bishop Street, Suite 1400, Honolulu, 
HI 96813 or via the World Wide Web at www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible via the World 
Wide Web at the Office of the Federal Register: www.gpoaccess.gov/fr/index.html.

Background

    The NMFS Pacific Islands region encompasses western Pacific Federal 
waters, i.e., the 200 nautical mile U.S. Exclusive Economic Zone (EEZ), 
around the Territories of Guam and American Samoa, the State of Hawaii, 
the Commonwealth of the Northern Mariana Islands, and the U.S. island 
possessions in the Pacific. Western Pacific fisheries are currently 
managed under five Fishery Management Plans (FMPs)--Pelagics, 
Crustaceans, Bottomfish and Seamount Groundfish, Precious Corals, and 
Coral Reef Ecosystems.
    Current regulations (50 CFR 665.14) require that permit holders, 
who fish for western Pacific management unit species subject to Federal 
reporting requirements, record their catch and effort information on 
paper logbook forms and submit them to NMFS. Maintaining paper logbook 
forms, and the interpretation of such forms, is subject to potential 
errors due to illegible handwriting and missed data entry. The 
availability and capacity of personal computers offer benefits to 
fishery participants and NMFS data collection programs. The proposed 
optional use of electronic logbook data collection systems would 
utilize existing and emerging technologies to enhance the efficiency of 
fish catch and effort data reporting and recordkeeping by fishermen, 
reduce human error, and improve data accuracy. Furthermore, if 
transmitted through a remote communication system such as electronic 
mail or vessel monitoring system, electronic reporting provides a near 
real-time catch reporting system.
    At its 123\rd\ meeting in June 2004, the Council took final action 
to recommend amending the western Pacific regulations to provide 
fishermen an alternative to the currently-required paper logbook forms. 
Specifically, fishermen would be allowed to submit logbook data to NMFS 
on removable non-paper media (such as diskette, CD-ROM, memory stick, 
etc.), and would also be allowed to transmit the data to NMFS via e-
mail or other remote communication systems, where such remote 
transmission was appropriate and feasible. The option to use electronic 
logbook forms would be available to fishermen who are subject to 
Federal reporting requirements under all western Pacific FMPs, as well 
as those participants in fisheries that may become subject to Federal 
reporting requirements.
    This action does not establish the technical requirements or 
protocols for the electronic logbook program. The technical and legal 
specifications and operational details for the electronic logbook 
software program and hardware requirements will be developed and 
published by NMFS subsequent to this proposed rule.
    Using the information contained in the Council's proposed 
regulatory amendment, a Regulatory Impact Review (RIR) was prepared for 
this proposed rule. Copies of the Regulatory Impact Review (RIR) may be 
obtained from William L. Robinson (see ADDRESSES).

Classification

    NMFS has determined that the proposed rule is consistent with the 
western Pacific FMPs and preliminarily determined that the rule is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.

[[Page 7854]]

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
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 factual basis for the certification is as follows:
    The basis and purpose of this rulemaking are discussed in the 
preamble to this rule. Nearly 200 vessels, all of which are 
considered to be small entities under the Small Business 
Administration definitions, will be impacted by this rule. All 
vessels are considered small entities because their annual gross 
receipts are less than $4.0 million, so there will be no 
disproportionate economic impact between small and large vessels 
resulting from this proposed rulemaking. In addition, there are no 
disproportionate economic impacts among vessels resulting from 
different vessel length, gear type, or location of home port. 
Considering the positive and minor nature of economic impacts under 
the preferred alternative, NMFS has determined that this rule will 
not have a significant economic impact on a substantial number of 
small business entities because: (1) the rule does not require the 
use of electronic reporting, and firms choosing to commit to 
electronic reporting will do so only if this mode of reporting is 
economically beneficial to them relative to the use of the paper 
logbooks currently required, and (2) NMFS anticipates that the costs 
of electronic reporting, for those who choose to adopt it, would 
only represent a small fraction of the firm's cost of doing 
business. While this rule could affect a substantial number of 
vessels, depending on the number of operations opting to choose 
electronic reporting, it will not have a significant economic 
impact. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA), i.e., the optional use of electronic media for logbook data 
submissions currently required under OMB Control No. 0648-0214. A 
request to collect this information has been submitted to OMB for 
approval. The public reporting burden for this collection-of-
information is estimated to average five 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 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to William 
L. Robinson (see ADDRESSES), or by email to [email protected] 
or fax to (202)395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be 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 Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, 
Pacific Remote Island Areas, Reporting and recordkeeping requirements.

    Dated: February 14, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 665 is 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  665.14, paragraph (a) is revised to read as follows:


Sec.  665.14  Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Sec. Sec.  665.21, 665.41, 665.61(a)(4), 
665.81, or 665.602 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. All information specified 
by the Regional Administrator must be recorded on paper or 
electronically within 24 hours after the completion of each fishing 
day. The logbook information, reported on paper or electronically, for 
each day of the fishing trip must be signed and dated or otherwise 
authenticated by the vessel operator 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 paragraph (a). The operator of any vessel subject to the 
requirements of Sec. Sec.  665.21, 665.41, 665.61(a)(4), or 665.81 must 
submit the original logbook information for each day of the fishing 
trip to the Regional Administrator within 72 hours of each landing of 
management unit species, unless the fishing was authorized under a PRIA 
troll and handline permit, a PRIA crustaceans fishing permit, a PRIA 
bottomfish permit, or a PRIA precious corals fishing permit, in which 
case the original logbook form for each day of fishing within the PRIA 
EEZ waters must be submitted to the Regional Administrator within 30 
days of each landing of management unit species. For fisheries managed 
under Sec.  665.602, the original logbook information for each day of 
the fishing trip must be submitted to the Regional Administrator within 
30 days of each landing of management unit species.
[FR Doc. E7-2893 Filed 2-20-07; 8:45 am]
BILLING CODE 3510-22-S