0272 ss rev 060906

0272 ss rev 060906.pdf

Alaska Individual Fishing Quotas for Pacific Halibut, Sablefish and Crab

OMB: 0648-0272

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SUPPORTING STATEMENT
ALASKA INDIVIDUAL FISHING QUOTAS FOR PACIFIC HALIBUT,
SABLEFISH AND CRAB
OMB CONTROL NO.: 0648-0272

INTRODUCTION
The U.S. groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian
Islands management area (BSAI) in the exclusive economic zone (EEZ) off the coast of Alaska
are managed by National Marine Fisheries Service (NMFS) under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16
U.S.C. 1801 et seq. The Fishery Management Plan for the Groundfish Fishery of the Bering Sea
and Aleutian Islands and the Fishery Management Plan for Groundfish of the Gulf of Alaska
were prepared by the North Pacific Fishery Management Council (Council) and are implemented
by regulations at 50 CFR part 679. The domestic fishery for Pacific halibut off Alaska is
managed by the International Pacific Halibut Commission as provided by the Northern Pacific
Halibut Act of 1982, 16 U.S.C. 773, et seq.
The Crab Rationalization (CR) Program is managed by NMFS under section 313(j) of the
Magnuson-Steven Act. The Fishery Management Plan for Bering Sea/Aleutian Islands King and
Tanner Crabs was prepared by the Council and is implemented by regulations at 50 CFR parts
679 and 680.
The IFQ Program provides management measures for the commercial fisheries for king and
tanner crabs and commercial fisheries that use fixed gear to harvest sablefish and Pacific halibut.
The IFQ Program limits access to the halibut, sablefish, and crab fisheries to those persons
holding quota share in specific management areas.
The IFQ Program is designed to provide economic stability to the commercial fisheries. Quota
shares (QS) equate to individual harvesting privileges given effect on an annual basis through the
issuance of IFQ permits. An annual IFQ permit authorizes the permit holder to harvest a
specified amount of an IFQ species in a regulatory area. The specific amount (in pounds) is
determined by the number of QS units held for that species, the total number of QS units issued
for that species in a specific regulatory area, and the total amount of the species allocated for IFQ
fisheries in a particular year.
Since the initial implementation of the halibut and sablefish IFQ programs in 1995, individuals
have submitted numerous petitions to NMFS and the Council requesting the temporary transfer
of IFQs for medical reasons. These individuals sought medical transfers due to the inability of
IFQ holders to physically be onboard the vessel as IFQs were fished. NMFS was previously
unable to implement a medical transfer program recommended by the Council due to legal
constraints. The approach provided in this action would resolve the legal issues resulting from
previous approaches.
This action adds the option to obtain an emergency medical transfer to the IFQ Program. In
addition, the name of the collection is changed from “Individual Fishing Quotas for Pacific
Halibut and Sablefish in the Alaska Fisheries” to “Alaska Individual Fishing Quotas for Pacific
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Halibut, Sablefish and Crab.”
Current regulations require catcher vessel QS holders to be aboard the vessel during harvest and
offloading of IFQ species with two exceptions. One exception occurs under limited
circumstances when initial recipients of QS qualify to use hired masters. The second exception
is when a QS holder experiences an emergency while at sea. QS Holders who experience a
short-term medical condition that prevents them from fishing their IFQs have no ability to
temporarily transfer those IFQs. Despite a prohibitive medical condition, QS holders generally
must be aboard the vessel when fishing their QS. In the event of an injury or illness, fishermen
who may not hire a master must either divest their QS or forego the economic benefits of their
QS until they recover.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The requirement for an individual IFQ card holder to be aboard the vessel during fishing
operations and to sign the IFQ landing report may be waived under this provision for IFQ halibut
or IFQ sablefish retained on the fishing trip during which the emergency occurred. The EMT
applicant must demonstrate that he or she is unable to participate in the IFQ fishery for which he
or she holds IFQ because of a severe medical condition that precludes participation; or because
of a severe medical condition involving an immediate family member that requires the IFQ
holder’s full time attendance. In order to qualify for an EMT, an applicant must possess one or
more catcher vessel IFQ permits and must not qualify for a hired master exception.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
a. Application for Emergency Medical Transfer (EMT)
To be eligible to receive an EMT, an individual halibut or sablefish QS holder must possess one
or more catcher vessel IFQ permits and must not qualify for a hired master exception under
§ 679.41(i)(1). An individual may apply for an EMT by submitting a medical transfer
application to NMFS, Alaska Region. If NMFS denies an application for an EMT, the applicant
may appeal the denial according to existing appeal procedures found at § 679.43. A QS or IFQ
holder who has received an approved EMT from NMFS may transfer his or her annual IFQ
permit to an individual eligible to receive QS or IFQ.
An EMT shall be valid only during the calendar year for which the permit is issued. NMFS will
not approve subsequent applications for EMTs based on the same medical condition unless the
medical professional attests to a reasonable likelihood of recovery. NMFS will not approve an
EMT if the applicant has received an EMT in any 2 of the previous 5 years for the same medical
condition.
To obtain a medical transfer, an applicant would document his or her medical emergency by
submitting an EMT application and attaching a medical professional’s affidavit. This affidavit
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would describe the medical condition affecting the applicant and attest to the applicant’s inability
to participate in the IFQ fisheries. In the case of a medical condition involving a family member,
the medical professional’s affidavit would describe the necessity for the IFQ permit holder to
tend to an immediate family member who suffers from the medical condition.
A medical transfer application may be obtained at www.fakr.noaa.gov or by calling 1-800-3044846. Completed applications must be mailed to:
NMFS, Alaska Region
Restricted Access Management Program
P.O. Box 21668
Juneau, AK 99802-1668
This action could directly affect 3,350 halibut QS holders and 875 sablefish QS holders (total
4,225). Approximately 12 QS holders contact NMFS or the Council each year for information
about medical transfers in the IFQ program. However, it is not possible to estimate how many
QS holders did not contact NMFS or the Council, but would have requested a medical transfer if
it were available. For the purpose of this analysis, 5 percent of the total QS holders (211) will be
used.
The information requested in Block A is needed to determine eligibility of the 2 parties for the
transfer to take place. Block B is merely a checklist and is included as a guide to ensure all items
are included with the application. Block C information is needed to identify the person applying
for the EMT and his or her eligibility. Block D information is needed to identify the person
receiving the EMT transfer and his or her eligibility. Block E information is needed to identify
the IFQ to be transferred. Blocks F and G information are needed to provide background
information on the transfer. Block H information is needed to authenticate the medical
emergency.
Blocks I and J information are need for certification of the individuals involved in the transfer.
The IFQ Program was implemented to both maintain rigorous safeguards on use of fishing
privileges for a public resource and to provide safeguards for program constituents. Use of
notarized signatures is the best way for NMFS to ensure that only authorized persons are granted
privileges so that NMFS may act in certainty with requests for program services or commercial
transactions (for transfers). By employing this widely accepted means of unequivocally
establishing the identity of submitters, this requirement removes ambiguity about whether
constituents have specific knowledge of the terms and conditions of requested benefits
Application for Emergency Medical Transfer (EMT)
Block A
Indicate (YES or NO) whether Transferee (No Medical Condition) holds a Transfer Eligibility
Certificate (TEC)
Indicate (YES or NO) whether Transferor (Medical Condition) qualifies for a hired master exception under
50 CFR 679.42(i)(1)
Block B – Attachments
Completed, signed, and notarized application
Copy of permit or QS Certificate
Declaration from certified medical professional
Block C – Transferor information (medical condition)
Full name, NMFS person ID, date of birth, and Social Security Number* (required) or Tax ID

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*The Debt Collection Improvement Act, in Section 7701 of title 31, United States Code requires collection of this
information from each person doing business with a federal agency. This information is used for purposes of
collecting and reporting any delinquent amounts arising out of such person’s relationship with the government.
This information is also used to verify the identity of the applicant(s) and to accurately retrieve confidential
records related to federal commercial fishery permits issued under
50 CFR Part 679.

Permanent business mailing, telephone number, FAX number, and e-mail address (if any)
Temporary mailing address may be provided, if appropriate
Block D -- Transferee (no medical condition)
Full name, NMFS person ID, date of birth, and Social Security Number or Tax ID
*The Debt Collection Improvement Act, in Section 7701 of title 31, United States Code requires collection of this
information from each person doing business with a federal agency. This information is used for purposes of
collecting and reporting any delinquent amounts arising out of such person’s relationship with the government.
This information is also used to verify the identity of the applicant(s) and to accurately retrieve confidential
records related to federal commercial fishery permits issued under
50 CFR Part 679.

Permanent business mailing address, telephone number, FAX number, and email address (if any)
Temporary mailing address may be provided, if appropriate
Block E – Identification of IFQ to be transferred
Whether the transfer is for halibut or sablefish IFQ
IFQ regulatory area
Number of units
Range of serial numbers for IFQ to be transferred
Actual number of IFQ pounds
Transferor (seller) IFQ permit number
Fishing year
Block F – Transferor supplemental information
Price per pound (including leases)
Total amount paid for the IFQ in the requested transaction including all fees
Primary source of financing for the transfer
Block G – Transferee supplemental information
Indicate how the IFQ was located (check one)
Indicate transferee’s (buyer’s) relationship to the transferor (seller) (check all that apply)
Block H – Medical declaration
(to be completed by a licensed medical doctor, advanced nurse practitioner, or primary community health aide)
Medical professional’s full name
Business telephone, permanent business mailing address (number and street, city and state, zip code)
Type of medical professional
Description of the medical condition of applicant or affected family member
Documentation of the medical condition and a description of the care required
Signature and date signed of the medical professional
Block I – Certification of transferor (seller)
Signature, printed name, and date signed of transferor
Signature, seal or attest, and commission expiration date of a notary public
If authorized agent, attach authorization.
Block J – Certification of transferee (buyer)
Signature, printed name, and date signed of transferee
Signature, seal or attest, and commission expiration date of a notary public.
If authorized agent, attach authorization

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Emergency Medical Transfer Application, Respondent
Estimated number of respondents
Total annual responses
Number of responses per year = 1
Total Time burden
Time requirement per response = 2 hr
Total personnel cost
Cost per hour = $25
Total miscellaneous cost
Postage (0.37 x 211 = 78.07)
Photocopy (0.05 x 2 x 211 = 21.10)
Notary ($5 x 211 = 1055)

Emergency Medical Transfer Application, Federal Government
Total annual responses
Total Time burden
Time requirement per response (30 min/60 min = 0.5)
Total personnel cost
Cost per hour = $25
Total miscellaneous cost

211
211
422
$10,550
$1,154

211
105
$2,625
0

b. Letter of Appeal
The Regional Administrator will evaluate each EMT application. An applicant who fails to
submit the information specified in the EMT application will be provided a reasonable
opportunity to submit the specified information or submit a revised application. The Regional
Administrator will prepare and send an Initial Administrative Determination (IAD) to the
applicant if it is determined that the applicant failed to submit the specified information or a
revised application. The IAD will indicate any deficiencies with the information provided or with
the revised application.
An applicant who receives an IAD may appeal under the appeals procedures set out at § 679.43.
For purposes of this analysis, 5 percent of those participants filing an EMT are estimated to file a
letter of appeal.
Letter of Appeal, Respondent
Estimated number of respondents
Total annual responses
Number of responses per year = 1
Total Time burden
Time requirement per response = 4 hr
Total personnel cost
Cost per hour = $25
Total miscellaneous cost
Postage (0.37 x 2= 0.74)
Photocopy (0.10 x 2 = 0.20)

5

10
10
40 hr
$1,000
$9

Letter of Appeal, Federal Government
Total annual responses
Total Time burden
Time requirement for each appeal = 4 hr
Total personnel cost
Cost per hour = $100
Total miscellaneous cost

10
40
$1,000
0

It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraphs, the
information gathered has utility. NOAA Fisheries will retain control over the information and
safeguard it from improper access, modification, and destruction, consistent with NOAA
standards for confidentiality, privacy, and electronic information. See response #10 of this
Supporting Statement for more information on confidentiality and privacy. The information
collection is designed to yield data that meet all applicable information quality guidelines. Prior
to dissemination, the information will be subjected to quality control measures and a predissemination review pursuant to Section 515 of Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
A “fillable” application is available at the NMFS Alaska Region Home Page at
www.fakr.noaa.gov, for the participant to download, print, and mail or deliver to NMFS.
4. Describe efforts to identify duplication.
None of the information collected as part of this information collection duplicates other
collections. This information collection is part of a specialized and technical program that is not
like any other.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection of information does not impose a significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Without the specified reporting scheme described in this support statement, the program would
be severely jeopardized. Because this action is intended to benefit the fishing industry under
conditions of medical emergency, the real consequence of not conducting this program would be
negative for the fishing industry.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No inconsistencies occur in this collection
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8. Provide a copy of the PRA Federal Register notice that solicited public comments on the
information collection prior to this submission. Summarize the public comments received
in response to that notice and describe the actions taken by the agency in response to those
comments. Describe the efforts to consult with persons outside the agency to obtain their
views on the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
The NMFS Alaska Region will submit a proposed rule, RIN 0648-AS84, coincident with this
submission, requesting comments from the public.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collected is confidential under the Magnuson-Stevens Act , 16 U.S.C. Sec.
1801, et seq. In addition, personal information collected is confidential under the Privacy Act, 5
U.S.C. Sec. 552(a), et seq. The Alaska Region Permits System of Records notice, published in
the Federal Register on 3-3-05, will be updated to include the collection of medical information
for this purpose.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
As authorized by the Debt Collection Improvement Act, 31 U.S.C. 7701, this information
collection requires information of a private nature when the submitter is an individual. The
Social Security Number (SSN) and date of birth are requested. This information is used to verify
the identity of the applicant and to accurately retrieve confidential records related to federal
commercial fishery permits issued under 50 CFR Part 679. Both SSN and date of birth are used
to distinguish among persons with the same name: to ensure that benefits are awarded and that
landings and other program-related functions are credited and applied appropriately and in a
manner that maintains confidentiality.
12. Provide an estimate in hours of the burden of the collection of information.
Total estimated unique respondents remain at 2,877. Total estimated responses: 38,494, up from
38,273. Total estimated burden hours: 16,212, up from 15,750. Total estimated personnel
costs: $642,200, up from $640,650. Personnel labor costs are estimated to the average wage
equivalent to a GS-9 employee in Alaska, including COLA, at $25 per hour.
13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in #12
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above).
Total estimated miscellaneous costs: $44,500, up from $43,337.
14. Provide estimates of annualized cost to the Federal government.
Total estimated burden hours: 7,982, up from 7,761. Total estimated personnel costs:
$185,025, up from $181,450.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The emergency medical transfer and associated appeal are results of a program change which
increases responses, hours and miscellaneous costs.
Also, although current miscellaneous costs are listed at OMB as $44,000, they should been
rounded down, not rounded up, on the last action (merger of 0648-0517 into 0658-0272); the
figure on the 83-C submitted was incorrect. Therefore, the current exact miscellaneous costs of
$43,337 do not match the current costs as documented by OMB. The exact requested costs are
$44,500, based on the correct current costs.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information collected will not be published.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
In accordance with OMB requirements, the control number and the expiration date of OMB
approval are shown on the EMT application. If an appeal is filed, no form exists.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
No exceptions to the certification statement are requested.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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File Typeapplication/pdf
File TitleMicrosoft Word - 0272 ss rev 060906.doc
Authorskuzmanoff
File Modified2006-07-26
File Created2006-07-26

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