Fisheries in the Western Pacific; Optional Use of Electronic Logbook Forms, 19123-19125 [E7-7291]
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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations
actually wished to fish for albacore tuna
in Canada for any given year. The result
was that NMFS was not able to provide
the Canadian Government an updated
vessel list of vessels owners who
intended to fish for albacore tuna in
Canada for a particular fishing season.
With this final rule, NMFS would
amend 50 CFR 300.172 to state
explicitly that the vessel list is effective
for only one calender year and will be
recompiled beginning on January 1 of
each year. Additional vessels may be
added to the list throughout the year in
accordance with 50 CFR 300.172.
cprice-sewell on PRODPC61 with RULES
Comments and Responses
A proposed rule to implement this
action was published on February 7,
2007, at 72 FR 5652 and comments were
solicited through March 9, 2007. No
comments or responses were received.
Classification
The Regional Administrator, NMFS
Southwest Region, determined that this
final rule is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq.
This final rule has been determined to
be not significant for the purposes of
Executive Order (E.O.) 12866.
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 (72 FR 5652)
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.
This final rule for revising the
methodology for developing the list of
vessels eligible to fish for albacore tuna
in Canadian waters under the U.S.
Canada Albacore Tuna Treaty presents
contains a collection-of-information
requirement subject to the Paperwork
Reduction Act (PRA) that has been
approved by OMB under control
number 0648–0492. Public reporting
burden for requesting to be placed on
the list of vessels eligible to fish in
Canadian waters is estimated to average
0.08 hours per vessel or about 5 minutes
each, including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
VerDate Aug<31>2005
14:53 Apr 16, 2007
Jkt 211001
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
DavidlRostker@omb.eop.gov, 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 300
Fisheries, High seas fishing,
International agreements, Permits,
Reporting and recordkeeping
requirements.
Dated: April 11, 2007.
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 300 is amended
as follows:
I
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart L—Pacific Albacore Tuna
Fisheries
1. The authority citation for part 300
subpart L continues to read as follows:
I
Authority: Sec. 401, Pub. L. 108–219, 118
Stat. 616 (16 U.S.C. 1821 note).
2. Section 300.172 is revised to read
as follows:
I
§ 300.172
Vessel list.
The ‘‘vessel list’’ is the list of U.S.
vessels that are authorized to fish under
the Treaty as amended in 2002. Only a
vessel on the list for at least 7 days may
engage in fishing in Canadian waters
under the Treaty as amended in 2002.
The owner of any U.S. vessel that
wishes to be eligible to fish for albacore
tuna under the Treaty as amended in
2002 must provide the Regional
Administrator or his designee with the
vessel name, the owner’s name and
address, phone number where the
owner can be reached, the USCG
documentation number (or state
registration number if not documented),
and vessel operator (if different from the
owner) and his or her address and
phone number. On the date that NMFS
receives a request that includes all the
required information, NMFS will place
the vessel on the annual vessel list.
NMFS will notify fishermen by a
confirmation letter or email of the date
the vessel was placed on the list.
Because the vessel list will revert to zero
vessels on December 31 of each year, the
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Frm 00031
Fmt 4700
Sfmt 4700
19123
required information must be provided
in the manner specified on an annual
basis.
[FR Doc. E7–7293 Filed 4–16–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 070207026–7079–02; I.D.
012207A]
RIN 0648–AS29
Fisheries in the Western Pacific;
Optional Use of Electronic Logbook
Forms
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule allows
participants in U.S. domestic pelagics,
crustaceans, bottomfish and seamount
groundfish, precious corals, and coral
reef ecosystems fisheries of the western
Pacific region the optional use of NMFSapproved electronic logbook forms in
lieu of paper logbooks. This action is
intended to enhance the efficiency of
fish catch and effort data reporting and
recordkeeping by fishermen, reduce
human error, and improve data
accuracy.
This final rule is effective May
17, 2007.
ADDRESSES: Copies of the fishery
management plans (FMPs) and the
regulatory amendment 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. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
William L. Robinson, Regional
Administrator, NMFS Pacific Islands
Region (PIR), 1601 Kapiolani Blvd. Suite
1110, Honolulu, HI 96814, and by email to David Rostker,
DavidlRostker@omb.eop.gov or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT: Bob
Harman, NMFS PIR, (808) 944–2271.
SUPPLEMENTARY INFORMATION:
DATES:
E:\FR\FM\17APR1.SGM
17APR1
19124
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations
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/.
cprice-sewell on PRODPC61 with RULES
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 other 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 permit holders, who fish for
western Pacific management unit
species and who are subject to Federal
reporting requirements, to 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 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 123rd 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, CDROM, 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
VerDate Aug<31>2005
14:53 Apr 16, 2007
Jkt 211001
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. It is,
however, the initial step for program
implementation. 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 final rule.
Additional background information
on this final rule may be found in the
preamble to the proposed rule (72 FR
7853) published on February 21, 2007,
and is not repeated here.
Comments and Responses
On February 21, 2007, NMFS
published in the Federal Register a
proposed rule (72 FR 7853). The
comment public comment period ended
on March 23, 2007. NMFS received two
comments on the proposed rule as
follows:
Comment 1: Electronic logbooks offer
a means of achieving greater efficiency
and effectiveness in reporting fishery
information.
Response: NMFS notes further that
electronic data reporting has the
potential to greatly reduce errors and
costs.
Comment 2: Computer systems aboard
fishing vessels are typically not
designed for the rigors of use at sea. The
effectiveness of an electronic logbook
reporting program, therefore, is
conditional to frequent power
disruptions and unreliability of at-sea
computer systems.
Response: NMFS recognizes the
problems associated with using
computers at sea, and will consider
reliability, operational conditions, and
associated issues when developing the
technical specifications for approved
electronic reporting systems. The
difficulties of employing computers for
fisheries data reporting is a reason that
NMFS is implementing this final rule as
an optional alternative to paper
logbooks, and paper logbooks will
continue to be accepted.
Changes to the Proposed Rule
No changes to the proposed rule were
made in this final rule.
Classification
The Regional Administrator, NMFS
PIR, has determined that this regulatory
amendment is necessary for the
conservation and management of the
affected fisheries and that it is
consistent with the Magnuson-Stevens
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Fishery Conservation and Management
Act and other applicable laws.
This final 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 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, or the economic
impacts of the proposed rule. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
This final rule contains amendments
to collection-of- information
requirements subject to the Paperwork
Reduction Act (PRA) and which has
been approved by the Office of
Management and Budget (OMB) under
control number 0648–0214. The public
reporting burden for this collection-ofinformation 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. Send
comments regarding this burden
estimate, or any other aspects of this
data collection, including suggestions
for reducing the burden, to William L.
Robinson (see ADDRESSES), or by email
to DavidlRostker@omb.eop.gov 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: April 11, 2007.
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 665 is amended
as follows:
I
E:\FR\FM\17APR1.SGM
17APR1
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for part 665
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.14, revise paragraph (a) to
read as follows:
I
§ 665.14
Reporting and recordkeeping.
cprice-sewell on PRODPC61 with RULES
(a) Fishing record forms. The operator
of any fishing vessel subject to the
requirements of §§ 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
VerDate Aug<31>2005
14:53 Apr 16, 2007
Jkt 211001
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
§§ 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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
19125
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 § 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. E7–7291 Filed 4–16–07; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\17APR1.SGM
17APR1
]]>Agencies
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Rules and Regulations]
[Pages 19123-19125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7291]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 070207026-7079-02; 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule allows participants in U.S. domestic pelagics,
crustaceans, bottomfish and seamount groundfish, precious corals, and
coral reef ecosystems fisheries of the western Pacific region the
optional use of NMFS-approved electronic logbook forms in lieu of paper
logbooks. This action is intended to enhance the efficiency of fish
catch and effort data reporting and recordkeeping by fishermen, reduce
human error, and improve data accuracy.
DATES: This final rule is effective May 17, 2007.
ADDRESSES: Copies of the fishery management plans (FMPs) and the
regulatory amendment 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. 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 William
L. Robinson, Regional Administrator, NMFS Pacific Islands Region (PIR),
1601 Kapiolani Blvd. Suite 1110, Honolulu, HI 96814, and by e-mail to
David Rostker, David--Rostker@omb.eop.gov or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, (808) 944-2271.
SUPPLEMENTARY INFORMATION:
[[Page 19124]]
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 other 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 permit holders, who
fish for western Pacific management unit species and who are subject to
Federal reporting requirements, to 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 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 123rd 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. It is, however, the
initial step for program implementation. 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 final rule.
Additional background information on this final rule may be found
in the preamble to the proposed rule (72 FR 7853) published on February
21, 2007, and is not repeated here.
Comments and Responses
On February 21, 2007, NMFS published in the Federal Register a
proposed rule (72 FR 7853). The comment public comment period ended on
March 23, 2007. NMFS received two comments on the proposed rule as
follows:
Comment 1: Electronic logbooks offer a means of achieving greater
efficiency and effectiveness in reporting fishery information.
Response: NMFS notes further that electronic data reporting has the
potential to greatly reduce errors and costs.
Comment 2: Computer systems aboard fishing vessels are typically
not designed for the rigors of use at sea. The effectiveness of an
electronic logbook reporting program, therefore, is conditional to
frequent power disruptions and unreliability of at-sea computer
systems.
Response: NMFS recognizes the problems associated with using
computers at sea, and will consider reliability, operational
conditions, and associated issues when developing the technical
specifications for approved electronic reporting systems. The
difficulties of employing computers for fisheries data reporting is a
reason that NMFS is implementing this final rule as an optional
alternative to paper logbooks, and paper logbooks will continue to be
accepted.
Changes to the Proposed Rule
No changes to the proposed rule were made in this final rule.
Classification
The Regional Administrator, NMFS PIR, has determined that this
regulatory amendment is necessary for the conservation and management
of the affected fisheries and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable
laws.
This final 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 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, or the economic impacts of the proposed
rule. As a result, a regulatory flexibility analysis was not required
and none was prepared.
This final rule contains amendments to collection-of- information
requirements subject to the Paperwork Reduction Act (PRA) and which has
been approved by the Office of Management and Budget (OMB) under
control number 0648-0214. 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. Send comments
regarding this burden estimate, or any other aspects of this data
collection, including suggestions for reducing the burden, to William
L. Robinson (see ADDRESSES), or by email to David--Rostker@omb.eop.gov
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: April 11, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
[[Page 19125]]
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.14, revise paragraph (a) 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. E7-7291 Filed 4-16-07; 8:45 am]
BILLING CODE 3510-22-S
