0495 ss ren 031907rev

SUPPORTING STATEMENT
ATLANTIC HIGHLY MIGRATORY SPECIES VESSEL CHARTERING PERMITS
OMB CONTROL NO.: 0648-0495

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The National Marine Fisheries Service (NMFS) issues Atlantic Highly Migratory Species (HMS)
Chartering Permits to applicable vessels to allow U.S. fishing vessels to fish for HMS within the
Exclusive Economic Zone (EEZ) of other nations in a manner consistent with another country’s
regulations. The permits collect data consistent with an International Commission for the
Conservation of Atlantic Tunas (ICCAT) recommendation (Recommendation 02-21) that states
that at the time of the chartering arrangement, the chartering and flag Contracting parties shall
provide specific information concerning the charter to the ICCAT Executive Secretariat,
including vessel details, target species, duration, and consent of the flag Contracting Party or
Cooperating non-Contracting Party, Entity, or Fishing Entity. Current regulations require U.S.
vessels, which are not bareboat charters, to submit information regarding their chartering
arrangements, that such vessels have a fishing license issued by the chartering nation, and that
the vessels are not on the ICCAT Illegal, Unreported, and Unregulated (IUU) list.
This supporting statement is submitted as part of a Paperwork Reduction Act (PRA) request for
the renewal of the collection of information from U.S. vessels regarding their chartering
arrangements that target tuna and tuna-like species. NMFS requires that vessel owners apply for
and obtain an Atlantic HMS Chartering Permit before fishing under a chartering arrangement
with a foreign entity. Under the Atlantic Tunas Conservation Act (ATCA), NMFS has the
authority to promulgate regulations as may be necessary and appropriate to implement ICCAT
recommendations. The measure that requires PRA approval is the submission of information to
NMFS to apply for a chartering permit that would exempt the vessel from some domestic
regulations as needed. All of the chartering permit holders would be reporting catch for these
trips as part of reporting requirements already approved under Office of Management and
Budget (OMB) Control No.: 0648-0371. Additionally, applicants are required to submit written
notification upon termination of the chartering agreement.
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 collected from Chartering Permit applications is used to ensure that vessels
entering into chartering agreements with other countries comply with ICCAT conservation and
management measures. Specifically, NMFS uses information submitted from vessel owners in
applications and notifications of the termination of chartering arrangements to monitor the
activities and durations of such arrangements targeting HMS in the Atlantic Ocean. NMFS
reports this information annually to the Executive Secretariat of ICCAT as a means of
demonstrating compliance with ICCAT’s conservation and management recommendations and
to improve the reporting and monitoring of HMS fishing activities. In addition, chartering
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arrangements ensure that chartered vessels have a fishing license issued by the chartering nation
and are not be on the ICCAT IUU list as established by the Recommendation by ICCAT to
Establish a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated
Fishing Activities in the ICCAT Convention Area [02-23].
The required written submission includes the following data elements, as shown in the attached
permit application form:
1.
The name (in both native and Latin alphabets) and registration of the chartered vessel;
2.
The name and address of the owner(s) of the vessel;
3.
The description of the vessel, including the length, type of vessel and the gear
description;
4.
Species of fish covered by the charter and quota allocated to the chartering Party;
5.
The duration of the chartering arrangement;
6.
Copies of fishing licenses, permits, or other authorizations issued by the chartering
Contracting Party for the vessel to fish under the arrangement, a copy of the High Seas
Fishing Compliance Act Permit pursuant to 50 C.F.R. § 300.10 et seq., as well as
documentation regarding the legal establishment of the chartering company; and
7.
The measures adopted by the chartering country to implement ICCAT provisions.
8.
Additionally, chartering permit holders are required to notify NMFS upon termination of
the chartering arrangement. A brief note is all that is required for this; no form is
specified.
During the past three years, NMFS has issued only one Chartering Permit. Because of this, the
notification frequency is anticipated to be low. Technically, the reporting requirement could
impact any vessel targeting HMS, but NMFS expects the primary focus to involve pelagic
longline vessels of which there were 110 active in 2005. NMFS estimates that there would likely
be fewer than 10 chartering arrangements applied for and reported, via logbooks, per year. If this
information was not collected, NMFS would not be able to fulfill its obligations to ICCAT
under the recommendation.
It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information and is needed for NMFS to be in compliance with
ICCAT’s conservation and management recommendations. NMFS will 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
will 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.
This collection of information involves the use of a submitted form and appropriate information.
The application is available online on the HMS Management Division’s website
(http://www.nmfs.noaa.gov/sfa/hms/) in a screen-fillable format. The application can be filled
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out electronically, printed out and mailed in to the address shown on the application or faxed to
the fax number listed on the application (see attachment). These notification options offer the
least amount of burden, as well as minimal incurred cost to users.
4. Describe efforts to identify duplication.
The HMS Management Division of NMFS is the sole collector of chartering data regarding U.S.
vessels and HMS in Federal waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
NMFS, in turn, is then responsible for reporting information regarding HMS and chartering
agreements to the ICCAT Executive Secretariat. Therefore, there is no duplication in the
collection or reporting of data that occurs as a result of this data collection.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
All HMS fishermen qualify as small businesses. No measures to minimize burden on small
businesses are necessary. A written application and subsequent notification of termination
would not have a significant impact on individuals, small businesses, organizations or
government bodies. Reporting of this information would not require any significant incremental
investment in information processing technology or infrastructure. The reporting process is
expected to include an average burden of less than 40 minutes per application and 5 minutes per
termination notice.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
The establishment of a monitoring system for chartering arrangements is necessary in order to
implement an ICCAT recommendation. If the collection is not conducted, NMFS will be unable
to provide the necessary information to ICCAT to support ongoing conservation and
management programs. Furthermore, if the United States is seen as non-compliant with ICCAT
recommendations, its position within ICCAT could be weakened and restrictions could be placed
on the United States or its vessels.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection of information would be made in a manner consistent with 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.
A Federal Register notice requesting comments on this submission was published on December
29, 2006 (71 FR 250). No comments were received.
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9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
NMFS does not provide gifts or payment to individuals upon submitting reports.
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 Title II, Section 203(b) of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006 (P.L. 109-479). All data
submitted are treated in accordance with NMFS Administrative Order 216-100, Protection of
Confidential Fisheries Statistics.
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 information of a sensitive nature is requested.
12. Provide an estimate in hours of the burden of the collection of information.
NMFS expects that there will be very few applications for chartering arrangements submitted.
During the past three years, NMFS has issued only one Chartering Permit. Because of this, the
notification frequency is anticipated to be low. In addition, the number of active pelagic longline
fishing vessels since the inception of this Chartering Permit has declined (from 199 active
vessels in 2004 to 110 vessels in 2005). Therefore, NMFS does not anticipate a high number of
chartering arrangements.
Each of the anticipated 10 vessel owners would need to complete an application that includes the
first seven items listed in response #2. Of these items, the first three items should require a
minimal amount of time to answer (~ a total of 5 minutes). The next three items are items that
should already be negotiated and discussed before the vessel determines it needs a chartering
permit. Thus, these items should also require only a minimal amount of time for response (~ a
total of 5 minutes). The seventh item on the list may take more time to answer (~ 30 minutes).
Thus, NMFS estimates that it will take a vessel owner approximately 40 minutes to fill out an
application. Additionally, chartering permit holders will be required to notify NMFS upon
termination of the chartering arrangement. NMFS estimates that it will take vessel owners 5
minutes to notify NMFS of termination of the chartering arrangement. The total annual burden
for the application and termination notice for each vessel is:
40 minutes/application/vessel + 5 minutes/termination notice/vessel = 45 minutes/vessel
Thus, the total annual burden for both the application and termination notification on an annual
basis for the anticipated 10 vessels is:
45 minutes/vessel * 10 vessels = 7.5 hours/year

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Total annual burden estimate for 10 applications and 10 notifications (upon termination of
chartering agreements), is less than 8 hours. All catch reports will be submitted with logbooks
that are approved under OMB Control No.: 0648-0371.
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).
$0.39* 2 (one application; one termination notification) * 10 vessels/year = $7.80/year. Total
annual cost burden estimate is $7.80 per year.
14. Provide estimates of annualized cost to the Federal government.
There would be no significant costs to the Federal government. The cost associated with
entering and processing the submitted reports is negligible.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The chartering arrangement application is an extension of a currently approved collection. There
are no program changes or adjustments needed at this time.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information from the submitted applications and logbook reports could be used for
emergency and standard rulemaking, environmental impact statements, regulatory impact
reviews, and other NMFS documents. The data will be presented in aggregate form, which will
not lead to the identification of individuals.
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.
N/A.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
No exceptions are requested.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection of information will not employ statistical methods.

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