0490 SS 072806rev

SUPPORTING STATEMENT
PACIFIC ISLANDS REGION PERMIT FAMILY OF FORMS
OMB CONTROL NO.: 0648-0490

INTRODUCTION
This Supporting Statement describes requirements to be added to the existing information
collection under OMB Control No.: 0648-0490. The figures on OMB 83-I, blocks 13 and 14 are
comprehensive for the collection. At this time, we are also changing the title from “Southwest
Region Permit Family of Forms - Pacific” to “Pacific Islands Region Family of Forms”, to be
consistent in reflecting the separation of the Pacific Islands into their own region.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
established regional fishery management councils, such as the Western Pacific Fishery
Management Council (WPFMC), to develop fishery management plans (FMPs) for fisheries in
the U.S. exclusive economic zone (EEZ). These plans, if approved by the Secretary of
Commerce (Secretary), are implemented by Federal regulations and enforced by the National
Marine Fisheries Service (NMFS) and U.S. Coast Guard, in cooperation with State agencies to
the extent possible. FMPs regulate fishing to ensure the long-term productivity and optimum
yield of the resources for the benefit of the U.S.
The WPFMC has management jurisdiction over fisheries in federal waters of the Pacific Ocean
seaward of American Samoa, Guam, Hawaii, the Commonwealth of the Northern Mariana
Islands (NMI), and the Pacific remote island areas.1 WPFMC has prepared, and the Secretary
has approved and implemented through regulations, FMPs for crustacean, precious coral,
pelagic, and bottomfish/seamount groundfish fisheries and coral reef ecosystems in the western
Pacific region. Each of these FMPs contains a requirement that commercial fishery participants
obtain Federal permits for the fishery. There are three types of permits: basic fishery permits
(e.g., western Pacific general longline fishing and receiving permits, precious coral permits),
limited access permits for selected fisheries (e.g., Hawaii–based pelagic longline fishery,
American Samoa pelagic longline fishery), and experimental fishing permits.
This clearance request is for a revision to the currently approved collection of information under
the Pacific Islands Region Permit Family of Forms (OMB Control No.: 0648-0490). It is
necessitated by Amendment 9 to the Fishery Management Plan for the Bottomfish and Seamount
Groundfish Fisheries of the Western Pacific Region: “Measures to limit large-vessel fishing
effort in the bottomfish fishery in federal waters around Guam,” and Amendment 8 to the
Bottomfish and Seamount Groundfish Fisheries Management Plan, Amendment 12 to the

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Howland, Baker, Jarvis, Wake and Palmyra Islands, Johnston Atoll and Kingman Reef

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Crustaceans Fisheries Management Plan, and Amendment 6 to the Precious Corals Fisheries
Management Plan of the western Pacific region, entitled: “New Permit and Reporting
Requirements Following the Inclusion of Fisheries under Federal Management Plans in the
Western Pacific Region.” The latter three amendments are collectively referred to as the
Omnibus amendment.
The objectives of Amendment 9 are to: ensure that adequate information is routinely collected on
the bottomfish fishery taking place in federal waters around Guam, including the export-oriented
activity targeting onaga (Etelis coruscans); maintain adequate opportunities for small-scale
commercial, recreational, and subsistence bottomfish fishermen; provide for sustained
community participation in the Guam bottomfish fishery; and encourage consistent availability
of locally caught bottomfish products to Guam consumers. Clearance for reporting requirements
collection of information is being submitted under a separate request for OMB Control No.:
0648-0214.
The objectives of the Omnibus amendment include: improving the database for future bottomfish
management decisions through data reporting requirements and cooperative Federal, State,
Territory data collection programs (Bottomfish FMP); to collect and analyze biological and
economic information about lobster fisheries and improve the statistical base for conservation
and management (Crustaceans FMP); and to encourage the acquisition and analysis of new
information concerning the distribution, abundance, and ecology of precious corals (Precious
Corals FMP). Clearance for reporting requirements collection of information is being submitted
under a separate request for OMB Control No.: 0648-0214.
This collection of information is needed for permit issuance, to identify actual or potential
participants in the fishery, and to help measure the impacts of management controls on the
participants in the fishery. The permit program is also an effective tool in the enforcement of
fishery regulations and serves as a link between NMFS and fishermen.
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.
Information is collected via a permit application process. Any person who intends to target
bottomfish management unit species (BMUS) outside the 50-mile closure of Guam, or transship
BMUS from Guam, must have a Guam bottomfish large vessel fishing permit issued by NMFS
under the Bottomfish and Seamount Groundfish FMP. Any person who intends to target
crustacean or precious coral management unit species (MUS) in the NMI, must have a NMI
lobster permit or a NMI precious corals permit issued by NMFS under the corresponding FMP.
Any person who intends to target bottomfish or crustacean MUS in the PRIA, must have a PRIA
bottomfish permit or a PRIA lobster permit issued by NMFS under the corresponding FMP.
Permits are valid for one calendar year and may be renewed annually.
Importantly, the information from the permit application form will allow the NMFS, Pacific
Islands Region, to determine whether the permit applicant qualifies for the permit. Vessel-related
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information such as vessel size, name of the operator, vessel’s insurer, etc., may be used by
NMFS to determine whether the applicant is an owner of a U.S. documented/registered vessel.
The information may also be used by NMFS enforcement, the U.S. Coast Guard (USCG), and
the WPFMC.
This collection also includes information involving appeals of permit denials. The appellant
must provide documentation to show why a permit should have been granted. The information is
used by the NMFS Regional Administrator in making a final determination on permit issuance
under the FMP. The frequency of appeals for permit denials is expected to be 1 per year, if any.
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. NMFS 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.
None of the federal permit application forms for western Pacific fisheries, including this
collection, are currently submitted in electronic form although facsimile machines are used to a
considerable extent. NMFS is developing a web based permits program that would allow
applicants to apply for permits online. It is expected that such a program can be implemented
during the next two years.
4. Describe efforts to identify duplication.
NMFS worked with the WPFMC and its fishermen advisors to craft a permit program with the
intent to minimize duplication with respective information collections. It is not possible to rely
on the Government of Guam’s or the Commonwealth of the Northern Mariana Island’s fishing
permit programs because there is no comparable collection of information for the fisheries as
requested in this submission.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
All of the vessels in the western Pacific fisheries under the management purview of the WPFMC,
including fishermen who harvest bottomfish, crustacean, and precious coral MUS, are small
business entities of similar size and are affected comparably. No special measures are needed to
accommodate different sized businesses. Only a minimum amount of data needed for permit
issuance and consistent with this collection are sought in the permit application process.
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6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If the permit application data are not available or are collected less frequently, NMFS will not be
able to properly evaluate an application for a bottomfish, crustacean, or precious corals permit
issued under the corresponding FMPs. Also, it would be difficult to monitor the fishery and its
participants, determine entry and exit patterns, and provide information needed to ensure full
impact analysis for the fisheries management programs. Fisheries enforcement agents will not
be assured of being able to identify the current participants in each fishery for purposes of
compliance monitoring and enforcement of the bottomfish, crustacean, and precious coral
regulations. Contact between NMFS and fishermen will be less frequent; NMFS will be unable
to consult with permit holders on bottomfish, crustacean, and precious coral fishery-related
issues or advise them of regulatory changes.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection is consistent with the OMB Guidelines.
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.
During the proposed rule making process, public comment will be solicited on this revised
collection to OMB Control No.: 0648-0490, under proposed rules RIN 0648-AT94 and RIN
0648-AT95. Comments will be sought on the proposed information collection on Guam
bottomfish large vessel permits, the NMI crustacean and precious coral permits, and the PRIA
bottomfish and crustacean permits.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payments or gifts are involved in this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Under Section 402b of the Magnuson-Stevens Act and National Oceanic and Atmospheric
Administration (NOAA) Administrative Order 216-100, information submitted in accordance
with regulatory requirements under the Act is confidential. Personal and propriety information
in this collection is not released to the public.
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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.
No questions of a sensitive nature are asked.
12. Provide an estimate in hours of the burden of the collection of information.
Thirteen respondents will be added to the current 187 respondents, bringing the total to 200. The
current number of responses per year is 195 for permits. An addition of 13 responses per year
will be added, bringing the total to 208.
For 13 vessels x 30 minutes per permit, the annual additional burden will be 6.5 or 7 hours.
Including one permit appeal process per year (1 appeal x 2 hours per appeal) brings the total
annualized burden from 85 to 94 hours.
Estimate of Permit Burden Hours
Number of Permits
Guam/Bottomfish
5
NMI/Crustaceans
1
NMI/Precious Corals 1
PRIA/Bottomfish
5
PRIA/Crustaceans
1
Subtotal
13
Number of Appeals
Permit Appeals
1

Hours per Permit
0.5
0.5
0.5
0.5
0.5

Burden Hours
2.5
0.5
0.5
2.5
0.5
6.5
Hours per Appeal Burden Hours
2
2

Total

8.5

The total annual cost to respondents for personnel time is estimated at $180 per year. This was
derived by multiplying the number of hours of burden each year (9 hours) times an hourly cost
rate of $20 (estimated rate of a vessel operator or designated agent of a vessel owner).
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
above).
There is no “start up” capital cost for complying with this requirement. The estimated cost to
respondents to mail (i.e., postage) and make file copies of the application form, permit, appeal
documents, etc. is $100 per year.
14. Provide estimates of annualized cost to the Federal government.
The estimated cost of this collection to the Federal government is about $70 per permit or appeal
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action. This entails reviewing the application/appeal, determining sufficiency of respondents’
documents, awarding the permit, coordinating appeal actions, organizing application and appealrelated information, sending out permit renewal timing notices, responding to inquiries, etc. The
total Federal cost is estimated at $910 per year (for 13 permits).
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
This is a revision to a currently approved information collection (OMB Control No.: 0648-0490).
An additional 13 permits expected annually, as well as one appeal, would add 9 burden hours
and $910 in recordkeeping/reporting costs, annually.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No publication based solely on this collection of information is planned at this time. However,
the information contained in the permit application will be analyzed by NMFS to determine
eligibility for permit issuance and the need for management changes to conserve bottomfish,
crustacean, and precious coral stocks and protect endangered or threatened marine animals and
their habitats. These analyses will be included in annual stock assessment and fishery evaluation
reports as required under these FMPs. The information from this collection may ultimately be
published in scientific journals.
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.
The expiration date is displayed.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
No exceptions are proposed.

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

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