FAMF ss new 020107

SUPPORTING STATEMENT
FRAMEWORK ADJUSTMENT 4 TO THE MONKFISH
FISHERY MANAGEMENT PLAN
OMB CONTROL NO.: 0648-xxxx

INTRODUCTION
This submission requests Office of Management and Budget (OMB) clearance of information
collection provisions for the vessel permit requirements proposed under Framework Adjustment
4 (Framework 4) to the Monkfish Fishery Management Plan (FMP) developed under the
authorization of the Magnuson-Stevens Fishery Management and Conservation Act. This
information collection builds upon the information collection submission previously approved
under OMB Control No.: 0648-0202 (Northeast Region Permit Family of Forms). The National
Marine Fisheries Service (NMFS) intends to integrate the information collection for Framework
4 into OMB Control No.: 0648-0202 when circumstances allow.
The New England and Mid-Atlantic Fishery Management Councils (Councils) are proposing
Framework 4 to the Monkfish FMP to achieve the stock rebuilding objectives contained in the
FMP. The Councils adopted a rebuilding plan for the monkfish resource in 1999 with their
approval of the FMP. The original FMP was subsequently modified, through the implementation
of Framework Adjustment 2 (68 FR 22325; April 28, 2003), to include an annual measure of the
status of both monkfish stocks and adjustment to management measures as needed, in order meet
the stock rebuilding schedule. Despite initial increases in stock biomass, the biomass indices for
both stocks have declined in recent years and are lagging behind their respective rebuilding
schedules. In fact, both stocks are below their minimum biomass threshold (Bthreshold), and are
considered to be overfished. As a result of this trend, the Councils began development of
Framework 4 during the spring of 2006 to ensure that goals of the 10-year rebuilding plan would
be met by the end of FY 2009 (April 30, 2010).
This action proposes one measure that will modify an existing collection of information burden.
Under the proposed measure, a limited access monkfish vessel intending to, or anticipating the
possibility that they will, exceed the monkfish incidental catch limit would be required to declare
a monkfish days-at-sea (DAS) when fishing in the Northern Fishery Management Area (NFMA).
Vessels can declare a monkfish DAS either through the interactive voice response system (IVR)
system, or through the Vessel Monitoring System (VMS). The IVR system is a voice prompted
telephone call-in system whereby a fisherman calls a specified number, enters his permit number
and established password, and follows a series of voice prompts to declare his fishing activity.
The VMS system is a computer-based system that is located on the vessel itself. This system
sends position reports via satellite to NMFS, and is also used to declare fishing activities. The
VMS provides several screens through which fishermen can select the intended fishing activity.
Prior to Framework 4, vessels fishing in the NFMA were not required to declare a monkfish
DAS to land more than the applicable incidental catch limit, but could utilize their allocated
Northeast (NE) multispecies DAS to land the same trip limit allowed under a monkfish DAS. In
other words, a limited access monkfish vessel fishing in the NFMA had the same trip limit if it
declared a monkfish DAS or a multispecies DAS. Since most vessels fishing in the NFMA have
a limited access NE Multispecies DAS permit, and are required to use a NE multispecies DAS in
conjunction with any monkfish DAS used under the regulations implementing the Monkfish
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FMP, these vessels tend to use only to declare a NE multispecies DAS. This change in type of
declaration does not change the overall burden estimate for declaring DAS. However, a
provision contained in this management measure would provide any limited access monkfish
vessel fishing in the NFMA the ability to change its DAS declaration through its VMS unit from
a NE multispecies Category A DAS to a monkfish DAS while at sea if the vessel catches more
than the applicable monkfish incidental catch limit on a given trip. This ability to change the
vessel’s DAS declaration at sea adds to the existing DAS declaration burden estimate currently
contained under OMB Control No.: 0648-0202.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens
Act), the Secretary of Commerce (Secretary) has responsibility for the conservation and
management of marine fishery resources off the coast of the U.S. The majority of this
responsibility has been delegated to the Regional Fishery Management Councils and NMFS.
The New England and Mid-Atlantic Fishery Management Councils have joint responsibility over
the management of the monkfish fishery along the Northeast Atlantic coast. The Councils are
proposing Framework 4 to the Monkfish FMP to achieve the stock rebuilding objectives
contained in the Monkfish FMP.
A management measure in Framework 4 contains a provision that would enable a limited access
monkfish vessel fishing in the NFMA to change its DAS declaration through its VMS from a NE
multispecies Category A DAS to a monkfish DAS while at sea; i.e., before crossing the VMS
demarcation line upon the vessel’s return to port or leaving the NFMA. VMS units are now
required on all NE multispecies vessels that use multispecies DAS. This requirement was
implemented through Framework 42 to the NE Multispecies FMP and approved through a
separate PRA submission.
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.
The information requested would be used by several offices of NMFS and the U.S. Coast Guard
for the monitoring, implementation, and enforcement of the provisions outlined in the Monkfish
FMP, as revised by Framework 4.
The information gathered from a vessel’s declaration of a monkfish DAS in the NFMA would
enable NMFS to monitor the overall fishing effort being directed upon the monkfish resource
within this management area, and be used in subsequent analyses for determining if additional
management action is necessary to rebuild monkfish stocks. On an individual vessel level, this
information will be used by NMFS to monitor DAS usage by limited access monkfish vessels
fishing in the NFMA, and for determining if these vessels have exceeded their annual allocation
of monkfish DAS.

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It is anticipated that the information collected would be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraph, the
information gathered has utility. NMFS would retain control over the information and safeguard
it from improper access, modification, and destruction, consistent with National Oceanic and
Atmospheric Administration (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 would be
subjected to quality control measures and a pre-dissemination 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.
The change in DAS declaration, from a NE multispecies Category A DAS to a monkfish DAS,
would be accomplished through a vessel’s VMS unit. All limited access NE multispecies DAS
vessels intending to use a NE multispecies DAS must now have an operational VMS unit
installed as a result if the regulations implementing Framework 42 to the NE Multispecies FMP,
which became effective on November 22, 2006. The use of VMS represents the most advanced
means of reporting information relating to vessel operations in the NE multispecies and
monkfish fisheries to date.
4. Describe efforts to identify duplication.
NMFS is aware of all related fishery management activities, and these requirements do not
duplicate any in existence.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
The only vessels impacted by the proposed collection of information are those that have both
limited access monkfish and limited access NE multispecies DAS permits (Category C and D
monkfish vessels). Because all of these vessels would already be required to obtain a VMS unit
under the NE Multispecies FMP, this action does not increase the burden related to the purchase
of a VMS unit. This action merely provides these vessels with the opportunity to change their
NE multispecies Category A DAS declaration to a monkfish DAS if the vessel exceeds the
applicable monkfish incidental catch limit on a given trip. As a result, this proposed measure
would enable vessel owners to more efficiently utilize their monkfish DAS. Because only the
minimum data needed to meet the DAS declaration requirements are requested from all
participants, the burden to individual vessels is minimized. All of the respondents are considered
to be small businesses according to Small Business Association size standards.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
The consequences of not conducting the collection of information described above would
effectively prevent the provision contained in Framework 4 from being implemented. In fact,
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this provision to enable vessels to change their DAS declaration while at sea is directly tied to
the management measure requiring vessels to declare a monkfish DAS in the NFMA. Therefore,
not conducting the collection of information would eliminate this measure and effectively
eliminate the directed monkfish fishery in the NFMA since it would be equivalent to
implementing the no action alternative (no monkfish DAS in the NFMA) considered in
Framework 4. Under the no action alternative, vessels would be subject to the applicable
incidental catch limit while fishing under a NE multispecies Category A DAS in this area.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The proposed collection of information may not be consistent with OMB guidelines with regard
to the reporting frequency. While OMB does not allow that respondents be required to report
more often than quarterly, requirements for the VMS DAS declaration requested with this
submission would require more frequent reports. This information collection (i.e., declaring a
monkfish DAS) is required to be submitted by any limited access monkfish vessel fishing in the
NFMA under a NE multispecies Category A DAS that exceeds the monkfish incidental catch
limit prior to crossing the VMS demarcation line on its return to port or leaving the NFMA. This
ability for a vessel to change its DAS declaration is necessary to promote vessel safety and
reduce discards. Otherwise, vessels that encounter more monkfish while fishing under a NE
multispecies Category A DAS than intended would be required to stay at sea long enough to
account for the additional monkfish (since the incidental catch limit is based on NE multispecies
DAS usage), or discard the overage. This information would be used to by NMFS Office of Law
Enforcement to enforce the DAS usage and possession limit provisions of the Monkfish FMP.
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 Councils held many Council and Monkfish Oversight Committee meetings during the
development of Framework 4 during the period of March 2006 through December 2006, during
which there were opportunities for public discussion of proposed management strategies. The
Councils approved the measures contained in Framework 4, on November 15, 2006, and
December 13, 2006. The information collections contained in this submission are part of a
proposed rule, RIN 0648-AU34 to implement management measures outlined in Framework 4
to the Monkfish FMP. This rule announces the VMS DAS declaration provision described
above and solicits public comment on the program and the information collection requirements
necessary to implement this program. Once public comments have been considered, a final rule
outlining the measures to be implemented, as modified by public comment, will be published in
the Federal Register.

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9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
Neither payments nor gifts are given to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
All data would be handled in accordance with NOAA Administrative Order 216-100,
Confidentiality of Fisheries Statistics, and would not be released for public use except in
aggregate statistical form (and without identifying the source of data, i.e., vessel name, owner,
etc.). In addition, any information submitted according to the provisions outlined in Framework
4, or any other management action implemented by NMFS, would be considered confidential
and would not be disclosed except as provided in Section 402(b) of the Magnuson-Stevens Act.
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.
There are no questions of sensitive nature contained in the proposed collection of information.
12. Provide an estimate in hours of the burden of the collection of information.
The universe of vessels potentially affected by this action consists of all limited access monkfish
vessels that also possess a limited access NE multispecies DAS permit, and fish in the NFMA.
During the 2005 fishing year (FY), there were 756 limited access monkfish vessels (according to
the 2005 Stock Assessment and Fishery Evaluation (SAFE) Report contained Section 4.0 of
Framework 4). Of these vessels, 555 vessels also held limited access NE multispecies DAS
permits. However, not all of these permits were active in the fishery during FY 2005.
According to the economic analysis contained in Section 5.3 of Framework 4, 150 limited access
monkfish vessels fished exclusively in the NFMA and 251 limited access monkfish vessels
fished in both management areas during FY 2005. In order to account for additional vessels that
are not currently active in the monkfish fishery, but that may become active in the future as the
fishery rebuilds, this burden estimate assumes that 450 limited access monkfish vessels (150 +
251 + 49 potential additional vessels) would be affected by the proposed collection of
information. Since all vessels fishing in the NFMA would be allocated 31 monkfish DAS under
the management measures contained in Framework 4, the potential number of items per entity is
31. At a burden estimate of 5 minutes per VMS DAS declaration (0.083 of an hour), the
estimated total burden hours associated with the proposed collection of information is
approximately 1,158 hours (450 vessels x 31 declarations x 0.083). This new burden estimate is
provided in Table 1 at the end of the text.
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).
Under the proposed management measures contained in Framework 4, a vessel fishing in the
NFMA under a NE multispecies Category A DAS would have the ability to change its DAS
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declaration to a monkfish DAS prior to crossing the VMS demarcation line on its return to port,
or when leaving the NFMA, if the vessel exceeds the applicable monkfish incidental catch limit.
Each VMS declaration costs $0.50. Assuming that 13,950 such trips could be taken in the
NFMA (450 vessels at 31 DAS), the annualized cost burden of this requirement would be an
additional $6,975.
14. Provide estimates of annualized cost to the Federal government.
NMFS currently operates a VMS system for several fisheries in the NE, including the monkfish
fishery. The ongoing (recurring) costs associated with the administration of the VMS system
amount to $352,293 a year and include staff costs, internet connection, training, travel and the
annual costs for equipment and the back-up system (see Table 2). These costs are not expected
to increase substantially with the VMS declaration requirement proposed in Framework 4. These
declarations are performed through the VMS and are automatically entered into computer
databases.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The original Monkfish FMP, which became effective on November 9, 1999, met MagnusonStevens Act requirements to adopt formal rebuilding programs for overfished fisheries, and to
end overfishing. The need to reduce fishing effort on both the NFMA and SFMA stocks of
monkfish in order to maintain progress along the rebuilding program requires a number of new
measures under Framework 4. The proposed data collection would be used to implement a
measure that requires vessels to use a monkfish DAS when fishing in the NFMA if the vessel
exceeds the monkfish incidental catch limit. This measure contains a provision that enables a
limited access monkfish vessel fishing in the NFMA to change its declaration from a NE
multispecies Category A DAS to a monkfish DAS during the course of a trip if the vessel
exceeds the applicable monkfish incidental catch limit. This provision requires a new
information collection and would be considered a program change. The net public burden and
cost associated with this provision include in Framework 4 is estimated as 1,158 hours with a net
increase in costs of $6,975.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
Results from this collection may be used in scientific, management, technical or general
informational publications such as Fisheries of the United States which follows prescribed
statistical tabulations and summary table formats. Data are available to the general public on
request in summary form only; data are available to NMFS employees in detailed form on a
need-to-know basis only.
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.
This collection does not include a new form, but only updates the burden estimate associated
with VMS DAS declarations to include the universe of vessels potentially affected by this

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regulatory action. All VMS related forms display the relevant OMB control number and
expiration date along with information relevant to the Paperwork Reduction Act of 1995.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
All instances of this submission comply with 5 CFR 1320.9.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
No statistical methods are employed in the information collection procedures.

Table 1: Burden Associated with the Collection of Information Requirements Contained in
Framework 4 to the Monkfish FMP.
Annualized
Items
Total
# of
Per
# of
Entities
Entity
Items
VMS DAS Declaration (time burden and message cost)
Change in DAS
declaration for
450
31
13,950
monkfish vessels
fishing in the NFMA
Permit Requirement

Response Total
Time
Burden

0.083

1,158

Cost to:
Public Govt. (1)

$6,975

$0

(1) No additional cost associated to Government since included in annual operating costs of Northeast Region’s
VMS Program (see Table 2).

Table 2: Current Costs to the Government from VMS Monitoring.
Annual Costs

Start-up Costs

Salary and Benefits1
Internet Connection2
Equipment3
Back-up System4
Software Licensing
Supplies5
Training and Travel
Total Ongoing Costs
Software Adaptations
Annualized Start-up Costs (at 3-year amortization)

Total Annual Costs6
1.
2.
3.
4.
5.

Salary and benefits, three program support personnel
24-hour maintenance of secure internet note at Gloucester, MA
Lease and maintenance contract on CPU and monitor
Lease and maintenance contract on CPU and monitor
Optical storage discs, repairs, and supplies associated with non-lease equipment
(modem, router, thermal paper, WORM drive)
6. Estimated by adding up the start-up costs to ongoing costs

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$230,000
$7,500
$20,000
$38,960
$3,500
$11,000
$8,000
$318,960
$100,000
$33,000
$352,293