HLL Demand for Electronic Signature Support

Timely information on fishing effort, catch and bycatch is required to meet NOAA Fisheries' objectives to protect and preserve marine resources. Timeliness of reporting may become even more critical if, as is likely, Hawaiian fisheries become participants in additional international fishery management regimes. 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.

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 hasn't been tested in court. Besides concern with its efficacy in the event of litigation there is also concern that it won't provide the same motivation for true and accurate reporting that is provided by signatures on each logbook page. For these reasons it has been concluded that an e-signature feature is required to make e-logbook reporting feasible.