Pacific Island Fisheries; Electronic Logbooks for Hawaii and American Samoa Pelagic Longline Fisheries, 42744-42746 [2021-16650]
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
Recreational Landings Reports, and
0648–0371 HMS Vessel Logbooks and
Cost-Earnings Reports.
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. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Statistics, Treaties.
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.1, revise paragraph (b) to
read as follows:
■
Purpose and scope.
khammond on DSKJM1Z7X2PROD with RULES
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(b) Under section 9(d) of ATCA,
NMFS has determined that the
regulations contained in this part with
respect to Atlantic tunas are applicable
within the territorial sea of the United
States adjacent to, and within the
boundaries of, the States of Maine, New
Hampshire, Massachusetts, Rhode
Island, New York, New Jersey,
Delaware, Maryland, Virginia, North
Carolina, South Carolina, Georgia,
Florida, Alabama, Louisiana, and Texas,
and the Commonwealths of Puerto Rico
and the Virgin Islands. NMFS will
undertake a continuing review of State
regulations to determine if regulations
applicable to Atlantic tunas, swordfish,
or billfish are at least as restrictive as
regulations contained in this part and if
such regulations are effectively
enforced. In such case, NMFS will file
with the Office of the Federal Register
for publication notification of the basis
for the determination and of the specific
Jkt 253001
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 210730–0152]
RIN 0648–BK29
NMFS will require the use of
electronic logbooks in the Hawaii
pelagic longline fisheries and on Class
C and D vessels in the American Samoa
pelagic longline fishery. This final 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: The final rule is effective
September 7, 2021.
ADDRESSES: The Western Pacific Fishery
Management Council (Council)
prepared a regulatory amendment that
provides additional information and
analyses that support this final 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 final rule
may be submitted to Michael D. Tosatto,
Regional Administrator, NMFS Pacific
Islands Region (PIR), 1845 Wasp Blvd.,
Bldg. 176, Honolulu, HI 96818, and to
www.reginfo.gov/public/do/PRAMain.
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 shallowset and deep-set longline fisheries and
the America Samoa longline fishery
under the Fishery Ecosystem Plan for
Pelagic Fisheries of the Western Pacific
(FEP). The implementing Federal
SUMMARY:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
16:02 Aug 04, 2021
DEPARTMENT OF COMMERCE
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
For the reasons set out in the
preamble, 50 CFR part 635 is amended
as follows:
VerDate Sep<11>2014
BILLING CODE 3510–22–P
AGENCY:
Dated: July 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
*
[FR Doc. 2021–16670 Filed 8–4–21; 8:45 am]
Pacific Island Fisheries; Electronic
Logbooks for Hawaii and American
Samoa Pelagic Longline Fisheries
List of Subjects in 50 CFR Part 635
§ 635.1
regulations that shall or shall not apply
in the territorial sea of the identified
State.
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Fmt 4700
Sfmt 4700
regulations for these fisheries include a
suite of conservation and management
requirements, including daily catch and
effort reporting. The current system of
collecting, collating, storing, and
entering paper logbook data manually is
costly, inefficient, and prone to delays
and errors. To correct these
inefficiencies, NMFS will require the
use of electronic logbooks for vessels
with Federal permits for the Hawaii
longline fisheries, and Class C and D
Federal permits for the American Samoa
longline fishery.
Vessel operators will be required to
use a NMFS-certified electronic logbook
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, NMFS will require that
logbook data be submitted on paper or
electronically within 72 hours of the
end of the affected fishing trip.
After this rule’s effective date, the
requirements will apply 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 is 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 will provide vessel operators
with individual user accounts and train
them to use the system properly.
Additional background information
on this action is in the proposed rule
published in the Federal Register on
June 9, 2021 (86 FR 30582); we do not
repeat it here.
Comments and Responses
On June 9, 2021, NMFS published a
proposed rule for public comment (86
FR 30582). The public comment period
ended on July 9, 2021. NMFS received
comments from two individuals
generally supporting the proposed
action. The commenters noted that
electronic logbooks are effective in
reducing data recording and processing
errors, and related agency burden.
Changes From the Proposed Rule
There are no changes in this final
rule.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FEP, other provisions of the MagnusonStevens Act, and other applicable law.
E:\FR\FM\05AUR1.SGM
05AUR1
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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.
NMFS received no comments regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule contains a collectionof-information requirement subject to
review and approval by OMB under the
Paperwork Reduction Act (PRA). This
rule revises and seeks to extend by 3
years the existing requirements for the
collection of information under 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. A 60-day Federal Register
notice published on May 25, 2021,
provided notification of our intent to
extend this information collection (86
FR 28082). 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. The 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.
We invite the general public and other
Federal agencies to comment on
proposed and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for this
information collection should be
submitted on the following website:
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by using the search function
and entering either the title of the
collection or the OMB Control Number
0648–0214.
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
VerDate Sep<11>2014
16:02 Aug 04, 2021
Jkt 253001
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: July 29,2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 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.
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(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
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Fmt 4700
Sfmt 4700
42745
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
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) Recording. 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) State reporting. 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
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42746
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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.
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[FR Doc. 2021–16650 Filed 8–4–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022; RTID 0648–
XB273]
Fisheries of the Exclusive Economic
Zone Off Alaska; Blackspotted and
Rougheye Rockfish in the Central
Aleutian and Western Aleutian
Districts of the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of blackspotted and rougheye rockfish
in the Central Aleutian and Western
Aleutian districts (CAI/WAI) of the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary because the 2021 blackspotted
and rougheye rockfish total allowable
catch (TAC) in the CAI/WAI of the BSAI
has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 2, 2021,
through 2400 hours, A.l.t., December 31,
2021.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
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SUMMARY:
VerDate Sep<11>2014
16:02 Aug 04, 2021
Jkt 253001
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2021 blackspotted and rougheye
rockfish TAC in the CAI/WAI of the
BSAI is 169 metric tons (mt) as
established by the final 2021 and 2022
harvest specifications for groundfish in
the BSAI (86 FR 11449, February 25,
2021). In accordance with
§ 679.20(d)(2), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that the
2021 blackspotted and rougheye
rockfish TAC in the CAI/WAI of the
BSAI has been reached. Therefore,
NMFS is requiring that blackspotted and
rougheye rockfish in the CAI/WAI of the
BSAI be treated in the same manner as
a prohibited species, as described under
§ 679.21(a), for the remainder of the
year, except blackspotted and rougheye
rockfish species in the CAI/WAI caught
by catcher vessels using hook-and-line,
pot, or jig gear as described in
§ 679.20(j).
SUPPLEMENTARY INFORMATION:
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the prohibited
retention of blackspotted and rougheye
rockfish in the CAI/WAI of the BSAI.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of July 30,
2021.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
Authority: 16 U.S.C. 1801 et seq.
Dated: August 2, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–16736 Filed 8–2–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210210–0018]
RTID 0648–XB180
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the West Yakutat District of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
West Yakutat District of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2021 total
allowable catch of Pacific ocean perch
in the West Yakutat District of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 2, 2021,
through 2400 hours, A.l.t., December 31,
2021.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR parts 600 and 679.
The 2021 total allowable catch (TAC)
of Pacific ocean perch in the West
Yakutat District of the GOA is 1,705
metric tons (mt) as established by the
final 2021 and 2022 harvest
specifications for groundfish of the GOA
(86 FR 10184, February 19, 2021).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2021 TAC of Pacific
ocean perch in the West Yakutat District
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42744-42746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16650]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 210730-0152]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS will require the use of electronic logbooks in the Hawaii
pelagic longline fisheries and on Class C and D vessels in the American
Samoa pelagic longline fishery. This final 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: The final rule is effective September 7, 2021.
ADDRESSES: The Western Pacific Fishery Management Council (Council)
prepared a regulatory amendment that provides additional information
and analyses that support this final 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
final rule may be submitted to Michael D. Tosatto, Regional
Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd.,
Bldg. 176, Honolulu, HI 96818, and to www.reginfo.gov/public/do/PRAMain.
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 longline fisheries and the America Samoa
longline fishery 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, including daily catch and effort reporting. The current
system of collecting, collating, storing, and entering paper logbook
data manually is costly, inefficient, and prone to delays and errors.
To correct these inefficiencies, NMFS will require the use of
electronic logbooks for vessels with Federal permits for the Hawaii
longline fisheries, and Class C and D Federal permits for the American
Samoa longline fishery.
Vessel operators will be required to use a NMFS-certified
electronic logbook 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, NMFS will require
that logbook data be submitted on paper or electronically within 72
hours of the end of the affected fishing trip.
After this rule's effective date, the requirements will apply 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 is 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 will provide vessel operators with individual
user accounts and train them to use the system properly.
Additional background information on this action is in the proposed
rule published in the Federal Register on June 9, 2021 (86 FR 30582);
we do not repeat it here.
Comments and Responses
On June 9, 2021, NMFS published a proposed rule for public comment
(86 FR 30582). The public comment period ended on July 9, 2021. NMFS
received comments from two individuals generally supporting the
proposed action. The commenters noted that electronic logbooks are
effective in reducing data recording and processing errors, and related
agency burden.
Changes From the Proposed Rule
There are no changes in this final rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the FEP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
[[Page 42745]]
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. NMFS received no comments
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This rule revises and seeks to extend by 3 years the existing
requirements for the collection of information under 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. A
60-day Federal Register notice published on May 25, 2021, provided
notification of our intent to extend this information collection (86 FR
28082). 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. The 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.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted on
the following website: www.reginfo.gov/public/do/PRAMain. Find this
particular information collection by using the search function and
entering either the title of the collection or the OMB Control Number
0648-0214.
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: July 29,2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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.
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(b) Fishing record forms--(1) Applicability--(i) Paper records. The
operator of a fishing vessel subject to the requirements of Sec.
665.124, Sec. 665.142, Sec. 665.162, Sec. 665.203(a)(2), Sec.
665.224, Sec. 665.242, Sec. 665.262, Sec. 665.404, Sec. 665.424,
Sec. 665.442, Sec. 665.462, Sec. 665.603, Sec. 665.624, Sec.
665.642, Sec. 665.662, Sec. 665.801, Sec. 665.905, Sec. 665.935, or
Sec. 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 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) Recording. 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) State reporting. 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. 665.142, Sec. 665.242, Sec. 665.442, Sec.
665.404, Sec. 665.162, Sec. 665.262, Sec. 665.462, Sec. 665.662, or
Sec. 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
[[Page 42746]]
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.
665.124, Sec. 665.224, Sec. 665.424, Sec. 665.624, Sec. 665.905,
Sec. 665.935, or Sec. 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.
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[FR Doc. 2021-16650 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-22-P
