Timely information on fishing effort, catch and bycatch is required to meet NOAA Fisheries' objectives to protect and preserve marine resources. In Hawaii's longline fisheries an electronic logbook program provides the best mechanism for acquiring timely information. Traditional paper logbook forms require the signature of the vessel operator on each page. The signatures on these forms are used not only to confirm the identity of the fisher but also to provide evidence of deliberation and informed consent that the information placed on the form is true, accurate, and complete in the event a dispute arises and the government needs to protect its interests.
Online logbooks are made to mirror a paper equivalent to ensure that electronic logbooks are collecting the same information as the current paper logbook. In order for NMFS to be able to protect its interests and switch over to an electronic process for collecting logbook data, NMFS needs an electronic signature solution that ties an end user's identity to the logbook data that that has been submitted. Also, any logbook submission must include an attestation that the end user submitted the information willfully and attested that the information submitted was true, accurate, and complete at the time of the signing.
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<!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} -->The shore-based Pacific whiting fishery needs to have a catch reporting system in place that: improves NMFS's ability to effectively monitor the Pacific whiting shoreside fishery catch of Pacific whiting and incidentally caught species, including overfished groundfish species; does not result in a species' optimum yield (OY), harvest guideline, allocations, or bycatch limits being exceeded; provides for timely reporting of Chinook salmon take as specified in the Endangered Species Act (ESA) Section 7 Biological Opinion for Chinook salmon catch in the Pacific groundfish fishery; and remains consistent with the conservation goals and objectives of the Pacific Coast Groundfish Fishery Management Plan (FMP). First receivers will provide the computer hardware, software, and internet access necessary to support the NMFS-approved software and provide for e-mail transmissions. The electronic fish tickets are used to collect information similar to information currently required by the Sates of Washington, Oregon, and California on fish receiving tickets or landing receipts (state fish tickets). The West Coast electronic fishticket will be in addition to the existing state fish ticket requirements, and will not replace any state recordkeeping or reporting requirements. E fishtickets are part of an ongoing process to develop a maximized retention program for the Pacific whiting shoreside fishery. Electronic reporting without e-signature has been considered. Several jurisdictions have implemented electronic reporting under a conventionally signed agreement "to electronically submit accurate and complete data...". As far as we know this model of a single blanket agreement covering electronic reporting for a certain period of time has not been tested in court. Along with concerns with its efficacy in the event of litigation there is also concern that the conventional singing agreement model will not provide the same motivation for true and accurate reporting that is provided by an affirmed signature under penalty of law. For these reasons it has been concluded that an e-signature feature is required to make e-fishticket reporting feasible. |