WCEFT Demand for Electronic Signature Support

Near to real-time information on catch and bycatch of overfished species is required as an element of National Standard 1 (NS1). For the Whiting fishery an e-ticket provides the most effective mechanism for acquiring near real-time catch and bycatch information. Fish ticket record-keeping and reporting regulations require processor and vessel operator signatures for accountability. An e-signature feature is required to make e-ticket reporting (without a corresponding paper document for signatures) feasible. By near real-time we mean an elapsed time of less than 48 hours from the completion of the vessel offload to data analysis in the agencies catch and bycatch monitoring systems.

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.