SUPPLEMENTARY INFORMATION:

NMFS manages a number of fisheries in Federal waters of the U.S. southeast region. The Coastal Migratory Pelagic (CMP) fishery includes the Gulf and Atlantic region, and fish such as king mackerel. The Gulf Fishery Management Council (Gulf Council), South Atlantic Fishery Management Council (South Atlantic Council), and NMFS prepared the FMP for the Coastal Migratory Pelagic Resources of the Gulf and Atlantic Region (CMP FMP). The South Atlantic Council and NMFS prepared the FMP for Dolphin and Wahoo Fishery of the Atlantic (Dolphin and Wahoo FMP) and the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP) in the South Atlantic. The Gulf Council and NMFS prepared the FMP for the Reef Fish Resources of the Gulf (Reef Fish FMP). The FMPs were approved by the Secretary of Commerce (Secretary) and are implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.). This action is proposed under the authority of section 303(a)(5) of the Magnuson-Stevens Act (16 U.S.C. 1853(a)(5)), which requires that FMPs specify the data required to be submitted to the Secretary, and is consistent with National Standard 7 of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(7)), which requires that conservation and management measures minimize costs and avoid unnecessary duplication where practicable.

The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and continually achieve the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the Nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. Congress recognized that the collection of reliable data is essential to the effective conservation, management, and scientific understanding of the Nation's fishery resources (16 U.S.C. 1801(a)(7)).

On November 20, 2025, NMFS published a notification in the Federal Register of the availability of the Commercial Electronic Logbook Amendments for public comment (90 FR 52349). NMFS received 20 submissions from the public, commercial fishermen, and fishing industry organizations. The majority of the comments supported the action. NMFS will respond to all comments received during the comment periods for the Commercial Electronic Logbook Amendments and for this proposed rule if NMFS publishes a final rule. On February 13, 2026, the Secretary approved the Commercial Electronic Logbook Amendments under section 304(a)(3) of the Magnuson-Stevens Act.

The Commercial Electronic Logbook Amendments, if implemented, amend four separate FMPs to require the owner or operator of a vessel issued a commercial permit to submit the required logbook in an electronic format rather than using the current paper forms. These FMP amendments are: (1) Amendment 35 to the CMP FMP; (2) Amendment 4 to the Dolphin and Wahoo FMP; (3) Amendment 54 to the ( printed page 30605) Snapper-Grouper FMP; and (4) Amendment 57 to the Reef Fish FMP. The change to the required reporting applies to any commercial permit for the following species: (1) CMP species in the Gulf and Atlantic; (2) Atlantic dolphinfish (dolphin) and wahoo; (3) South Atlantic snapper-grouper species; and (4) Gulf reef fish species.

Background

The Commercial Electronic Logbook Amendments detail the evolution of the data collections through the commercial coastal fisheries logbook program (CFLP) and other commercial reporting requirements. All of these data collections provide essential trip information required to assess the status of fish stocks and monitor harvest, which are necessary to comply with the Magnuson-Stevens Act. In addition, economic and discard data are collected to address other provisions of the Magnuson-Stevens Act and other applicable law, such as the need to provide analyses of net economic effects and bycatch. The following discussion summarizes the CFLP and related data collections.

The Commercial Logbook Program

NMFS began the CFLP in 1990 for fishermen issued a Federal commercial permit for the Gulf reef fish fishery. Over time, NMFS has expanded the CFLP to include commercial harvest in the South Atlantic snapper-grouper fishery (1992), the CMP fishery in the Gulf and Atlantic (1998), and the Atlantic dolphin and wahoo fishery (2004). Fishermen that target shark species under the FMP for highly migratory species (HMS) (as developed by NMFS' Atlantic HMS Management Division), which include various tunas, billfishes, and sharks, are also included in the CFLP. The CFLP collects basic fishing effort and catch related data, including species and weights of landed fish, fishing location and depth of water, and the type of gear used to fish.

Since the initial implementation of the CFLP, NMFS has made several changes to forms and survey design to improve data collection. For example, the trip expense section of the form has been modified several times since 2001 and several updates were made to the “gear type used” data field to better clarify how fish were harvested. Also, the NMFS Southeast Fisheries Science Center (SEFSC) created a separate no-fishing form to better distinguish between non-fishing and non-reporting activity.

Currently, NMFS' SEFSC mails the logbook to the owners of federally permitted vessels with the applicable commercial permit (permit holders) every December. Each year, NMFS selects 20 percent of permit holders to complete economic questions in the “trip expense” section of the logbook and 20 percent of permit holders are selected to complete a supplemental discard survey. The mailing consists of a carbon paper logbook of approximately 100 pages containing 3 sections, including instructions, fishing trip reporting forms, and no-fishing report forms, along with postage paid return envelopes. The owner or operator of the federally permitted vessel must report the fishing activity of each trip within 7 days after finishing a trip or after a month without any fishing activity and mail the form to SEFSC. This recordkeeping and reporting requirement has been in place since at least 2004 for the affected Federal fisheries. NMFS recommends that fishermen keep the carbon copy of the CFLP form for their personal records.

Other Commercial Reporting Programs

Fishermen affected by this proposed rule may also possess other Federal commercial fishing permits issued by NMFS that have additional or different reporting requirements for commercial fishing trips. Other permits include those issued by the NMFS Greater Atlantic Regional Fisheries Office (GARFO) and the Atlantic HMS Management Division. A vessel owner or operator with a commercial permit for Gulf reef fish or South Atlantic snapper-grouper who participates in the individual fishing quota (IFQ) programs in the Gulf or the wreckfish individual transferrable quota (ITQ) program in the South Atlantic has reporting requirements specific to those programs. Each permit holder is responsible for ensuring compliance with the permit requirements of all relevant programs.

Gulf Individual Fishing Quota Programs and South Atlantic Wreckfish Individual Transferable Quota Program

NMFS manages the commercial harvest of 14 Gulf reef fish species though 2 IFQ programs under the Reef Fish FMP. The IFQ programs use a dedicated electronic reporting system to track allocation of catch limits to fishermen and commercial landings in real-time. NMFS manages wreckfish under the Snapper-Grouper FMP through an ITQ program. The ITQ program uses paper methods for documentation of share certificates, allocation coupons, wreckfish vessel logbooks, and wreckfish dealer logbooks. NMFS is developing a separate proposed rule to establish an electronic monitoring and tracking system for the ITQ program. These IFQ and ITQ programs allocate a portion of an annual catch level to individual fishermen that can be harvested throughout the fishing year. The IFQ and ITQ reporting systems are not logbook programs and operate independently of the CFLP. Reporting requirements under the IFQ and ITQ programs would remain unchanged by the proposed modifications to the CFLP. Owners and operators of vessels participating in the IFQ and ITQ programs would continue to report to both the applicable IFQ and ITQ system, and the CFLP.

Greater Atlantic Regional Fisheries Office

All commercial vessels with Federal permits issued by NMFS GARFO for species managed by the Mid-Atlantic or New England Fishery Management Councils are required to submit vessel trip reports (VTRs) electronically as eVTRs generally within 48 hours of the end of a commercial fishing trip (50 CFR 648.7). Permit holders that report logbook information to GARFO must use software approved by that office to submit an eVTR. Those fishermen operating vessels with commercial permits issued by both GARFO and the Southeast Regional Office may need to continue to submit multiple reports per commercial fishing trip to remain compliant with the reporting requirements of each permit. NMFS is evaluating options to streamline reporting requirements for various East Coast and Gulf fisheries to reduce or eliminate reporting redundancy.

Atlantic Highly Migratory Species Management Division

NMFS also uses the CFLP to collect HMS landings and effort related data from vessel owners primarily with commercial, limited access shark fishing permits using bottom longline, gillnet, or vertical line (including bandit) gear. A vessel owner with an HMS fishing permit and reporting through the CFLP must record the required logbook information for each day of fishing within 48 hours of completion or before offloading fish from the vessel, whichever is sooner. The completed logbook forms must be mailed in the provided postage paid envelopes and postmarked within 7 days of offloading all HMS. NMFS' HMS Management Division published a proposed rule in September 2024 that would change requirements for fishermen with HMS permits reporting through the CFLP and other methods. The proposed rule would switch to an electronic reporting method and adjust the timing ( printed page 30606) requirement (89 FR 72796, September 6, 2024). As stated in the proposed rule, electronic logbook reporting is a step towards streamlining HMS reporting for commercial, for-hire, and private recreational fisheries consistent with the one stop reporting initiative to expand capabilities for the submission of a single electronic report to satisfy overlapping reporting requirements of vessels holding permits in multiple regional fisheries. As of April 2026, the HMS Management Division has not published a final rule.

Management Measures Contained in This Proposed Rule

If the Commercial Electronic Logbook Amendments are implemented by NMFS through this proposed rule, the format of required reporting in the CFLP would change from a paper logbook to an electronic reporting format and make limited changes to the data that fishermen need to report. The deadline to submit an electronic report after a fishing trip would not change from current requirements. The selection process for the “trip expense” and discard portions of the logbook would also remain the same.

NMFS expects the Commercial Electronic Logbook Amendments to improve the accuracy and efficiency of logbook data collected from federally permitted commercial fishermen that report to the CFLP. Moving to an electronic platform is expected to increase convenience and ease of reporting for commercial fishermen while increasing the accuracy and timeliness of commercial data for use by fishery managers. The collected data would be available sooner to fishery managers once submitted through the electronic platform compared to the same data collected on the paper forms. Paper logbooks are sometimes difficult to interpret by analysts, and the analysts often need to contact the submitter for clarification or correction with several days or weeks elapsed from when fishing occurred. This need would be reduced if the logbook were electronically submitted, because logbook validations built into the electronic software could prevent some errors, such as a trip start time being recorded as occurring after a trip end time. In addition, fishermen would not need to mail the paper reports, which is less convenient than using the electronic format. Therefore, NMFS expects the proposed change to electronic reporting to increase data accuracy and decrease the time delay of when those data are available for use by fishery managers.

This proposed rule would require that commercial fishermen submit fishing reports on electronic software approved by NMFS. A vessel owner or operator would submit a completed fishing report electronically no later than 7 days after the end of each fishing trip, which is the same timeframe required currently for submission of fishing reports on paper forms. If no fishing occurred during a calendar month, an electronic no-fishing report must be submitted electronically no later than 7 days after the end of that month. If a vessel owner or operator is aware of a period when fishing would not occur, a no-fishing report may be submitted anytime in advance of that period. If fishing subsequently occurs during time covered by a no-fishing report submitted previously, the vessel owner or operator would complete and submit the applicable fishing report.

Currently, NMFS shares commercial logbook data with the Atlantic Coastal Cooperative Statistics Program (ACCSP) as part of a partnership to combine fisheries-dependent information on the Atlantic coast from both Federal and state partners. Any software application that NMFS would approve also needs to meet the requirements to be submitted to the database managed by ACCSP. Because ACCSP combines data from multiple partners to create a comprehensive and consistent dataset, the compatibility of these data across systems is crucial. NMFS expects the continued use of ACCSP's system for partnering on various data collection systems. NMFS is also working towards a comprehensive reporting system for Federal fisheries across regions and may include other partners and data collection systems in the future. The proposed electronic CFLP would remain consistent with the goals and objectives for data collection set by the SEFSC and ACCSP.

To integrate the information currently collected by the paper logbook forms into the existing ACCSP database, slight modifications to the CFLP data fields would be required. For example, fields such as trip start time, trip end date, and trip end time would be added to prevent overlapping trip submissions. The addition of trip type would be added to so that the logbook software would show the data fields for that trip type. For example, if a fisherman selects a commercial trip, required data fields for a commercial trip would be shown. Primary area fished would be added to be compatible with the ACCSP database. Some data fields would be removed, including state trip ticket number and payment of catch. The signature field in the paper form would be replaced with a perjury statement that the submitter (an owner or operator) acknowledges and affirms the accurate and truthful data entry before submission can occur. Other data fields that may be modified include “hours/days,” which would default to hours to be consistent with the ACCSP database. In addition, the “sales disposition” data field would default to “sold to dealer” to be consistent with the ACCSP database. The retained catch (landings) would require an entry into the catch disposition category, which would default to “general: food.” Those selected to submit information on discards would be required to declare the disposition of both retained catch and discards.

The currently available software through ACCSP would be free to fishermen. NMFS is also testing a downloadable application for a phone and a computer, which is separate from the ACCSP software. Once software providers are approved by NMFS' SEFSC, they would be listed on the NMFS website https://www.fisheries.noaa.gov/​southeast/​resources-fishing/​southeast-electronic-reporting-technologies. After NMFS finalizes the technical specifications and during implementation of the electronic CFLP, other vendors may create additional software applications. These vendors may charge a fee for use or provide an application at no cost. Fishermen would need internet access, such as via Wi-Fi or cellular service, to download an application and submit the electronic reports. However, fishermen would be able to input data in the application with or without an internet connection. If NMFS implements a final rule for commercial electronic reporting as described in this proposed rule, paper logbooks would no longer be accepted. Further, a vessel owner would continue to be required to comply with the electronic reporting requirements to renew or transfer a Federal commercial permit.

Prior to the implementation date of a final rule for the Commercial Electronic Logbook Amendments, NMFS would contact each permit holder by mail and email. Outreach sessions would be scheduled prior to the implementation of the program, and NMFS staff would be available to answer questions on how to get started with electronic reporting. If permit holders have specific questions related to the software, they should be directed to the applicable vendor. Vendors are required to have a help desk to assist with user questions. Prior to the implementation of the program, outreach materials would be available from NMFS to provide guidance about ( printed page 30607) how the reporting requirements affect permit holders and how to use the software.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Commercial Electronic Logbook Amendments, the respective FMPs, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

This proposed rule has been determined to be not significant for purposes of Executive Order 12866. This proposed rule is not an Executive Order 14192 regulatory action because this rule is not significant under 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 that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows. A copy of the full analysis is available from NMFS (see the ADDRESSES section).

A description of this proposed rule, why it is being considered, and the objectives of this proposed rule is contained in the SUPPLEMENTARY INFORMATION section of this proposed rule. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this proposed rule.

This proposed rule would modify the reporting method for owners and operators of commercial fishing vessels that currently report through the CFLP. Specifically, it would require the reports to be submitted electronically, which would improve monitoring and compliance of federally permitted commercial vessels in the CFLP. This proposed rule would not change any other existing reporting requirements, including those under the Gulf IFQ and South Atlantic ITQ programs. This proposed rule would directly apply to businesses that own or operate a commercial fishing vessel that is permitted to fish in Federal waters for Gulf reef fish, Gulf or Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper. A permit must be valid to harvest and land fish that apply to the permit, and under any of the Federal permits, fishing vessels are required to report commercial fishing activity or non-activity under the CFLP. This proposed rule would also apply to businesses that own or operate a commercial fishing vessel that does not have a CMP permit but harvests cobia from the Gulf or Atlantic Federal waters; however, all owners or operators of these vessels are expected to have at least one other Federal permit and report through the CFLP. All dollar figures presented below are in 2021 dollars.

From 2017 through 2021, an annual average of 1,030 owners or operators of federally permitted vessels reported making 22,912 trips within the South Atlantic that landed species managed as part of the CMP, dolphin and wahoo, or snapper-grouper fisheries. During the same period, an annual average of 666 owners or operators of federally permitted vessels reported making 8,037 trips within the Gulf that landed species managed as part of the CMP or reef fish fisheries. During that same 5-year period, there were considerable numbers of owners or operators of federally permitted vessels that reported they were inactive. For example, there was an annual average of 2,200 inactive vessels with a commercial permit for Atlantic dolphin and wahoo. The average annual revenue from all landings per active South Atlantic vessel was $25,498, while the average annual revenue from all landings per active Gulf vessel was $94,001. There is considerable variation of the average annual revenue per vessel by fishery. For example, the average active federally permitted Gulf reef fish vessel had an annual revenue from all landings of $121,609, while the average South Atlantic king mackerel vessel had an annual total revenue of $29,138. However, the largest annual revenue of any of the above active vessels was approximately $3 million (SEFSC logbook data).

For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (North American Industry Classification System code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. If each commercial vessel, as described above, represents a unique commercial fishing business, then all commercial fishing businesses directly affected by this proposed rule are small. No other small entities that would be directly affected by this proposed rule have been identified.

This proposed rule would move the paper-based commercial logbooks under the CFLP for the aforementioned four fisheries to an electronic platform. To directly integrate the information currently collected by the paper logbook forms into the ACCSP database, slight modifications to the program data fields would be required. Six data fields would be added (although one is optional), three would be removed, and two would be modified.

The average owner or operator of a federally permitted vessel that reports landings in the South Atlantic reports 22 trips per year, while the average owner or operator of a federally permitted vessel that reports landings in the Gulf reports 12 trips per year. This proposed rule is not expected to change the number of federally permitted fishing vessels or the number of trips taken.

A commercial fishing vessel may operate in fisheries other than those under the jurisdiction of the Gulf and South Atlantic Councils and, therefore, have additional reporting requirements. For example, there are owners or operators of commercial vessels with a Federal permit to harvest CMP species, dolphin and wahoo, or snapper-grouper that also participate in fisheries managed by the Mid-Atlantic or New England Fishery Management Councils. Since November 10, 2021, all commercial vessels with Federal permits issued by NMFS GARFO for species managed by the Mid-Atlantic or New England Fishery Management Councils are required to submit eVTRs within 48 hours of the end of a trip (unless required sooner, as with some northeast groundfish sector programs). Consequently, since November 21, 2021, there have been owners or operators of commercial vessels that have to report both electronically and with a paper form to satisfy their existing reporting requirements. In addition, a Gulf or South Atlantic commercial fishing vessel may also operate under the Gulf IFQ or South Atlantic ITQ programs, or the southeast commercial HMS program, each of which has specific reporting requirements. All of these other reporting requirements provide information that is necessary for the administration of those programs, and this proposed rule would not change those requirements.

The switch from paper forms to electronic completion and submission is not expected to have a significant economic impact on small businesses. ( printed page 30608) The proposed rule is expected to reduce duplication or overlap of existing record-keeping and reporting requirements. Because the proposed electronic submission requirements can be accomplished at low or no cost, no adverse economic impacts are expected from this proposed rule. Moreover, the conversion to electronic reporting for the commercial fishing sectors of these fisheries is expected to improve data efficiency and accuracy, which would benefit the small businesses in the long run.

Based on the above analysis, NMFS expects that this proposed rule would not have a significant economic impact on a substantial number of small businesses. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

This proposed rule contains a collection-of-information requirement submitted for review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). This proposed rule would revise the existing requirements for the collection of information under OMB Control Number 0648-0016, Southeast Region Logbook Family of Forms. For reasons explained earlier in this preamble, the proposed revision would add six data fields (one of which is optional), remove three, and modify two for a net difference of adding two required data fields and modifying two existing data fields. NMFS does not expect the previously approved burden estimates for the CFLP information collection to change, due to the similar number of data fields and the application format, which uses dropdown options, toggles, and calendars. NMFS will evaluate the estimated burdens for this collection in 0648-0016 after users become acquainted with the electronic logbook. Along with the requested revision, NMFS requests an extension of the information collections under 0648-0016.

Public reporting burden for the CFLP are estimated to average 10 minutes per electronic fishing report and 2 minutes per no-fishing report. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Submit comments on these or any other aspects of the collection of information at https://www.reginfo.gov/​public/​do/​PRAMain.

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. All currently approved collections of information may be viewed at https://www.reginfo.gov/​public/​do/​PRAMain.

For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 622 as follows:

1. The authority citation for part 622 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 622.26, revise paragraph (a)(1) and add paragraph (a)(3) to read as follows:

3. In § 622.176, revise paragraphs (a)(1) and (4), and add paragraph (a)(5) to read as follows:

4. In § 622.271, revise paragraph (a) to read as follows:

5. In § 622.374, revise paragraph (a) to read as follows:

91 FR 30604