0569 ss rev 020108

SUPPORTING STATEMENT
ALASKA INDIVIDUAL FISHING QUOTA TEMPORARY TRANSFERS
OMB CONTROL NO.: 0648-0569

INTRODUCTION
The United States (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, as amended. The Fishery Management Plan for the Groundfish Fishery
of the Bering Sea and Aleutian Islands Management Area 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 Individual Fishing Quota (IFQ) Program provides management measures for the commercial
fisheries that use fixed gear to harvest sablefish and Pacific halibut. The IFQ Program limits
access to the halibut and sablefish fisheries to those persons holding quota share in specific
management areas.
Under the IFQ Program, quota share (QS) represents a harvesting privilege for a person. On an
annual basis, QS holders are authorized to harvest specified poundage which is issued by NMFS
as IFQ. The specific amount of IFQ held by a person is determined by the number of QS units
held, the total number of QS units issued in a specific regulatory area, and the total pounds of
sablefish or halibut allocated for the IFQ fisheries in a particular year. Fishermen may harvest
the IFQ over the entire fishing season, which in 2007 was March 10 through November 15 for
halibut (72 FR 11792; March 14, 2007) and sablefish (72 FR 9676; March 5, 2007). Generally,
an IFQ permit holder must be onboard a vessel at the time his or her IFQ is fished. He or she
also must comply with IFQ landing report requirements at § 679.5(l)(2).
IFQ regulations also restrict the type of QS and IFQ transfers that may occur including
restrictions against the transfer of most types of QS, if the QS is subject to a lease or condition of
repossession or resale by the person transferring the QS. This effectively precludes temporary
transfers of QS and IFQ between parties. QS is categorized by vessel size and type. IFQ derived
from QS associated with catcher vessels may not be temporarily transferred or leased, with
limited exception.
This action adds the option to obtain a temporary military transfer of IFQ for members of the
National Guard and military reserves who are mobilized to active duty. This temporary transfer
of their annual halibut and sablefish IFQ to other eligible IFQ recipients would allow guardsmen
and reservists to accrue some economic benefit from their annual IFQ if unable to harvest it due
to military service. In addition, the name of the collection is changed from “Medical Transfer for
Pacific Halibut and Sablefish Individual Fishing Quotas to read “Alaska Individual Fishing
Quota (IFQ) Temporary Transfers.” This collection will be integrated into the IFQ Program
Collection, Office of Management and Budget (OMB) Control No.: 0648-0272.
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A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The proposed rule, identified number (RIN) 0648-AV64, would implement the Council’s
recommendation to allow halibut and sablefish QS holders to request a temporary IFQ transfer, if
the applicant meets specified requirements related to eligibility and evidence of military
mobilization or activation. This proposed regulatory change would not jeopardize the Council's
policy of having an owner operator IFQ fleet. This alternative may further promote stable,
owner-operated businesses in the halibut and sablefish IFQ fisheries.
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 Temporary Military Transfer
This action would amend IFQ Program regulations to allow military reservists and National
Guardsmen to temporarily transfer their halibut or sablefish IFQ to other eligible IFQ recipients,
should they be mobilized to active duty. This proposed change is intended to allow reservists
and guardsmen the potential to gain some economic benefit from their QS, should they be
unavailable to fish their IFQ during a given year due to active military duty or deployment. This
would decrease the likelihood that such QS holder would suffer economic hardship from being
unable to catch his or her halibut or sablefish IFQ. Furthermore, this action would minimize
adverse impacts that may be attributable to idled IFQ that could accrue to processors, fishery
dependent communities, and other fishing support businesses.
Existing QS and IFQ transfer regulations generally do not allow temporary transfers (leasing) of
IFQ. Such restrictions are intended to ensure that QS owners also fish the IFQ associated with
their quota shares, rather than leasing or otherwise assigning it to other parties to fish on their
behalf. Thus, mobilized reservists and guardsmen (who are not otherwise authorized to hire a
master to harvest their IFQ) currently may not temporarily transfer their annual IFQ so that it
may be fished by another party. The inability to temporarily transfer IFQs during a military
mobilization could constitute an economic hardship to affected service members and their
dependents.
The Council advised NMFS that it wished to address a long-term solution to situations where QS
holders in the military reserves or National Guard are mobilized without any recourse except to
leave their annual IFQ allocation unharvested or to sell their quota share. The proposed rule
would implement the Council’s recommendation to allow halibut and sablefish QS holders to
request temporary IFQ transfers, if the applicant meets specified requirements related to
eligibility and evidence of military mobilization or activation. An application and appeals
process would be added to 50 CFR part 679. This proposed regulatory change would not
jeopardize the Council's policy of having an owner-operator IFQ fleet.

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This type of transfer would be limited to guardsmen and reservists that were deemed eligible to
make such transfers, based on eligibility criteria established by NMFS. Such criteria would
include evidence of valid, pending mobilization orders that would preclude the QS holder from
fishing his/her IFQ during a given time period. A temporary military transfer (TMT) could be
restricted in duration to a given fishing year. Qualified applicants would be required to request a
TMT annually, even if the length of their deployment or mobilization exceeded one year.
The recipient of IFQ transferred via a TMT would presumably compensate the QS holder for the
transferred IFQ, thus allowing QS holders to avoid some of the economic loss associated with
their inability to fish their IFQ in a given year. This arrangement would benefit the mobilized
QS holder and the temporary recipient of the IFQ. It could also result in a small increase in the
use of the Halibut and Sablefish IFQ Program allocations compared to the status quo. The active
use of IFQ that would otherwise be idled due to a guardsman or reservist's mobilization also
would promote economic activity among fishing support industry sectors, and provide structural
stability to the Council's "owner on board" policy by allowing guardsmen and reservists to retain
their QS and resume IFQ fishing following a military deployment.
The general benefits associated with TMT include:
♦ Provide operational and economic flexibility to fishermen that are subject to military
mobilization orders
♦ Provide an income stream to such fishermen that may sustain them economically and
allow their future participation in the IFQ fisheries
♦ Provide an incremental increase in the amount of halibut and sablefish delivered to
seafood processors
♦ Sustain demand for services and supplies from fishing industry support sectors
♦ Ensure a continued supply of fisheries products derived from the IFQ fishery to
consumers; and
♦ Ensure that any associated jobs, value added production, tax revenues, and other benefits
attributable to the economic activity made possible by the temporary transfer of otherwise
inactive IFQ are sustained.
A temporary military transfer application may be obtained at www.alaskafisheries.noaa.gov or
by calling 1-800-304-4846. Completed applications must be mailed to:
NMFS, Alaska Region
Restricted Access Management Program
P.O. Box 21668
Juneau, AK 99802-1668
At present, NMFS does not have sufficient ownership and affiliation information to determine
the number of military reservists or guardsmen that hold the category of QS that may not be
legally fished by a hired master under current rules. The number of these “citizen soldiers” who
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hold such restricted QS and who may be mobilized to active duty status during their fishing
career cannot be determined; therefore for purposes of this analysis, NMFS estimates that
number to be 100 per year.
The information requested in Block A is needed to determine eligibility of the two parties for the
transfer to take place. Block B is a checklist for required attachments, which include: TMT
application; copy of IFQ permit or QS Certificate; and documentation of active military
mobilization or deployment, needed to authenticate the military transfer. Block C information is
needed to identify the person applying for the TMT and his or her eligibility. Block D
information is needed to identify the person receiving the TMT 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 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 Temporary Military Transfer
Block A
Indicate (YES or NO) whether Transferee holds a Transfer Eligibility Certificate (TEC)
Indicate (YES or NO) whether Transferor qualifies for a hired master exception under 50 CFR 679.42(i)(1)
If YES, Stop! You do not qualify for a TMT
Block B – Attachments
Completed, signed, and notarized application
Copy of IFQ permit or QS Certificate
Documentation of active military mobilization or deployment, including the following:
Copy of official documentation, such as mobilization or deployment orders, that direct the transferor to
report to active duty status or to mobilize for a military deployment.
Concise description of the length and nature of the military deployment including verification that the
applicant is unable to participate in the IFQ fishery for which he or she holds IFQ permits during the IFQ
season because of his/her active duty military status.
Block C – Transferor information
Full name, NMFS person ID, and date of birth of transferor
Permanent business mailing address. Temporary mailing address may be provided, if appropriate
Business telephone number, fax number, and e-mail address (if any)
Block D -- Transferee information
Full name, NMFS person ID, and date of birth of transferee
Permanent business mailing address. Temporary mailing address may be provided, if appropriate
Business telephone number, fax number, and email address (if any)
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 IFQ permit number
Fishing year
Block F –Certification of transferor (seller)
Signature, printed name, and date signed of transferor

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Signature, seal or attest, and commission expiration date of a notary public
If authorized agent, attach authorization.
Block G – 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
Temporary Military 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 (0.41 x 100 = 41)
Photocopy (0.05 x 2 x 100 = 10)
Notary ($5 x 100 = 500)
Temporary Military 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

100
100
200 hr
$5,000
$551

100
50 hr
$1,250
0

b. Letter of Appeal
The Regional Administrator will evaluate an application for a temporary military transfer
submitted in accordance with § 679.41(c)(1) through (c)(9). An applicant who fails to submit the
information specified in the application for a temporary military transfer 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 the Regional Administrator determines that the application provided by the
applicant is deficient or if the applicant fails to submit the specified information or a revised
application. The IAD will indicate the deficiencies in the application, including any deficiencies
with the information on 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 a TMT are estimated to file a letter of appeal.
TMT 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 (2.55)
Postage (0.41 x 5= 2.05)
Photocopy (0.05 x 2 x 5 = 0.50)

5

5
5
20 hr
$100
$3

TMT 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

5
20
$2,000
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. 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.
A “fillable” application is available at the NMFS Alaska Region Home Page at
www.alaskafisheries.noaa.gov, for the participant to download, print, and mail or deliver to
NMFS. NMFS is pursuing an Internet method in the future whereby all of the information will
be entered online and submitted directly and automatically into a database.
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. The Initial
Regulatory Flexibility Analysis prepared for this action assumes that all halibut and sablefish QS
holders are small entities, for Regulatory Flexibility Act purposes.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Existing QS and IFQ transfer regulations generally do not allow temporary transfers (leasing) of
IFQ. Such restrictions are intended to ensure that QS owners also fish the IFQ associated with
their quota shares, rather than leasing or otherwise assigning it to other parties to fish on their
behalf. Thus, mobilized reservists and guardsmen (who are not otherwise authorized to hire a
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master to harvest their IFQ) may not temporarily transfer their annual IFQ so that it may be
fished by another party. The inability to temporarily transfer IFQs during a military mobilization
could constitute an economic hardship to affected service members and their dependents.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No special circumstances exist.
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-AV64, 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 section 402(b) of the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.); and also under NOAA Administrative Order (AO) 216-100, which sets
forth procedures to protect confidentiality of fishery 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.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total unique respondents: 2,977, up from 2,877. Estimated total responses: 3,203, up
from 3,098. Estimated total burden hours: 3,559, up from 3,339. Estimated total personnel
costs: $88,975, up from $83,475. Personnel labor costs are estimated to the average wage
equivalent to a GS-9 employee in Alaska, including COLA, at $25 per hour.

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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).
Estimated total miscellaneous costs: $3,764, up from $3,210.
14. Provide estimates of annualized cost to the Federal government.
Estimated total burden hours: 3,092, up from 3,022. Estimated total personnel costs: $78,800,
up from $75,550.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The temporary military transfer and associated appeal are results of a program change that will
be integrated into OMB Control No.: 0648-0272. This program change adds 100 unique
respondents, 105 responses (100 requests and 5 appeals), and 220 hours, as well as $554 in
mailing, photocopying and notary 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 TMT 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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