0441 ss ren 091407

SUPPORTING STATEMENT
VESSEL MONITORING SYSTEM REQUIREMENT
IN THE WESTERN PACIFIC PELAGIC LONGLINE FISHERY
OMB CONTROL NO.: 0648-0441

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act) amended in
2006, established regional fishery management councils, including the Western Pacific Fishery
Management Council (Council), to develop fishery management plans for fisheries in the U.S.
exclusive economic zone (EEZ). These plans, if approved by the Secretary of Commerce, are
implemented by Federal regulations, which are enforced by the National Oceanic and
Atmospheric Administration (NOAA) and the U.S. Coast Guard (USCG), in cooperation with
State agencies to the extent possible. The fishery management plans are intended to regulate
fishing to ensure sustained productivity and achievement of optimum yield from the resources
for the benefit of the United States.
The Council prepared, and the Secretary approved and implemented, through regulations at 50
CFR Part 665, a Fishery Management Plan (FMP) for Pelagic Fisheries of the Western Pacific
Region. The regulations require all permit holders participating in the Hawaii-based pelagic
longline fisheries to maintain and operate vessel monitoring system (VMS) units on their vessels
after they have been advised by NOAA of a requirement to carry such units. NOAA provides the
units and installs them at no cost to the permit holders. Installation is arranged at times when the
vessel is in port between trips to ensure minimal disruption to the vessel’s other activities.
However, the vessel owner or representative generally takes the time to observe the installation.
In addition, the vessel owner or representative typically observes the maintenance check of the
VMS unit and any firmware or software changes.
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.
On a broad level, the VMS reports provide authorized users (primarily NOAA Enforcement and
USCG) with near real-time vessel location and activity information. These reports are used to
facilitate enforcement of the area closures in the fishery, and may also be used to check the
accuracy of vessel position information reported by the vessel operator in the daily fishing
logbooks required by regulations. This is important in determining or verifying locations of catch
by species and time, as well as locations in which there were interactions with protected species,
such as endangered and threatened sea turtles. The information provides a basis for determining
whether changes in management are needed to protect sensitive species or to address fishery
interaction problems and for evaluating the impacts of potential changes. In addition, the VMS
reports may be used to monitor compliance with regulations and fishing quotas under U.S.
regulations implementing international treaties and agreements, such as the annual bigeye tuna
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quota in the eastern tropical Pacific under the jurisdiction of the Inter-American Tropical Tuna
Commission.
The information collected will not be disseminated to the public inasmuch as it is primarily for
use internally by authorized users (including personnel from NOAA Enforcement, National
Marine Fisheries Service (NMFS), USCG, and others per NOAA Directive 06-101 VMS Data
Access and Dissemination Policy, and NOA 216-00 Protection Of Confidential Fisheries
Statistics). The information will enable the both agencies to effectively monitor any potential for
violations of the longline area closure regulation. The information may be used by NMFS
scientists to cross-check the accuracy of logbook information submitted to NMFS by the vessel
operators.
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. Any of the information that might be used to support
publicly disseminated information would first be aggregated and/or summarized to maintain the
confidentiality of the information pertaining to the individual vessels. The information will be
subject to the quality control measures and 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 VMS requirement integrates current information technology in the fishery management and
monitoring process. The collection of information is automatic and invisible to the vessel
operator. Many vessel owners have taken advantage of this technology by linking personal
computers to VMS units to improve communication with other vessels, or by using the VMS
unit’s data output to supply Global Positioning System (GPS) information to navigational
plotters. Although not related directly to location reporting, there is potential for the VMS to be
used by fishermen to transmit their catch and effort data to NMFS on a near real-time basis.
NMFS is currently developing a program for electronic reporting to take the place of paper
logbooks.
4. Describe efforts to identify duplication.
There are no similar comparable programs to collect near real-time vessel location information.
Requiring vessel operators to report vessel locations at sea would have been much more costly
and difficult, and would have imposed a direct reporting burden on the vessel operator. The
VMS unit is passive and automatic, requiring no reporting time of the vessel operator.

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5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Vessels affected by the VMS requirements in western Pacific longline fisheries generally range
in size from 50 feet to 100 feet. Those who participate in the fisheries are categorized as “small
businesses”, which are all affected in a similar manner by the VMS requirement. In all cases,
NMFS notifies the vessel owner when the requirement would take effect and arrange times when
installation of the unit could be performed to minimize interfering with vessel operations. There
is no reporting burden on vessel owners to arrange for VMS installation. The vessel owner is free
to decide whether to connect a personal computer to the VMS unit and use the capabilities of the
VMS unit in transmitting messages to a home office or other vessels.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If the VMS is not operational, NOAA Enforcement, the USCG, and cooperating states would be
tasked with monitoring longline fishing closed areas via air and surface patrols. The annual cost
of relying on traditional surveillance methods using air and surface patrols for time and area
coverage is estimated at more than $25 million. Comparatively, VMS provides between 95% 98% coverage at an estimated cost of $100,000. Monitoring compliance with international
treaties and agreements in areas under treaty jurisdiction would likewise be more difficult and
expensive without VMS.
There is no reporting frequency requirement for the vessel owner. The frequency with which a
vessel VMS is polled to determine location is set by NOAA depending on the proximity to
longline fishing closed areas and the EEZ boundary.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection is consistent with Office of Management and Budget (OMB) guidelines except
that the VMS reports more frequently than quarterly (multiple times per day). That frequency is
necessary for enforcing fishery regulations.
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, published on June 8, 2007, solicited public comments on this
submission. One comment was received that was critical about the management of the fishery,
but did not contain any comments relevant to this collection of data.
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9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payments or gifts are provided
10. Describe any assurance or confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Efforts were made in the design of the VMS program to ensure the security of all at-sea position
data on individual vessels, including data transmission, analyses, and storage. The system
includes measures to minimize the risk of direct or inadvertent disclosure of fishing location
information. These data are considered by vessel operators to be proprietary; hence, NMFS and
USCG have taken steps to secure this information as “official use only” throughout the program
design, and through policy directive that control the access to, and use, storage and dissemination
of the VMS information. Information submitted is confidential under the Magnuson Act and
NOAA regulations.
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 are asked of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
In calculating the number of position reports per year we have used hourly reports, at 1 second
per report.
164 vessels x 24 seconds per day x 365 days per year = 1,436,640 responses /3600 = 399 hours.
Total estimated burden hours = 399 hours per year.
Total estimated responses = 1,436,640.
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).
No direct or indirect costs are imposed on vessel operators by the VMS requirement. The initial
installation and maintenance costs for VMS are sustained by NOAA.
14. Provide estimates of annualized cost to the Federal government.
The initial cost to the government during the first year of the program (1994) included 120 VMS
units, software, installation, and equipment for a base station, with a total estimated cost of
approximately $600,000. For subsequent years, the estimated cost of the total program is
$100,000 per year, primarily for messaging costs.

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15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
No changes.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No formal scientific publications based on these collections are planned at this time. NMFS and
the Council will use the data (primarily in an aggregated, non-confidential format) for
management reports and fishery management plan amendments and evaluations. However,
subsequent use of the data collected over a series of years may include scientific papers and
publications.
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.
N/A

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
No Statistical Methods are employed.

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