0216 ss ren 022008rev

SUPPORTING STATEMENT
BILLFISH CERTIFICATE OF ELIGIBILITY
OMB CONTROL NO.: 0648-0216

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
This Supporting Statement is submitted as part of a PRA request to renew the information
collection approval for the Certificate of Eligibility for Billfishes (COE). Under this request, the
information collection approval for the COE would be extended. A COE is required for all first
receivers of billfish – except for billfish landed in a Pacific state and remaining in the state of
landing – as a condition for the domestic trade of fresh or frozen billfish shipments. Dealers or
processors who subsequently receive or possess billfish must also retain a copy of the COE while
processing the billfish. The document certifies that the accompanying billfish was not harvested
from the Atlantic Ocean management unit (described on the form). This requirement has been
implemented under the Magnuson-Stevens Fishery Conservation and Management Act (MSA),
as amended in 2006. The authority to issue these regulations has been delegated from the
Secretary of Commerce to the Assistant Administrator for Fisheries, National Oceanic and
Atmospheric Administration (NOAA).
The purpose of the collection of this information is to maintain the recreational nature of the
Atlantic billfish fishery with no commercial trade, as designated in the Consolidated Highly
Migratory Species Fishery Management Plan (FMP). The 2000 Standing Committee for
Research and Statistics (SCRS) of the International Commission for the Conservation of Atlantic
Tunas (ICCAT) identified Atlantic blue marlin as overfished and the 2002 SCRS identified
Atlantic white marlin as overfished. In the 2007 National Marine Fisheries Service (NMFS)
report to Congress on the status of U.S. fisheries Atlantic blue marlin, Atlantic white marlin, and
western Atlantic sailfish were listed as overfished, with overfishing still occurring.
NMFS regulations at 50CFR635.1 require a COE as a condition for the domestic commercial
trade of fresh or frozen billfish shipments. These requirements augment NMFS's ability to
quantify all billfish that enter into commerce of the United States, and to guarantee that these fish
were not harvested in or from the Atlantic billfish management unit.
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 COE is considered complete and approved for trade if all of the required information is
recorded. A COE is required for all first receivers of billfish, except for billfish landed in a
Pacific state and remaining in the state of landing. Dealers or processors who subsequently
receive or possess billfish must also retain a copy of the COE while processing or handling the
billfish. A COE is also required to accompany billfish landed in a Pacific state and shipped to
any dealers or processors located outside of that state, who subsequently receive or possess the

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billfish. The COE documentation certifies that the accompanying billfish was not harvested
from the Atlantic Ocean management unit. The following information is required on all COE:
(A) Information on the Fishing Vessel that Caught the Billfishes
(1) Name of the fishing vessel
(2) Homeport of the fishing vessel
(3) Port of offloading
(4) Date of offloading
(B) Dealer’s/Processor’s Declaration
(1) Name (printed or typed)
(2) Signature
(3) Date
The person who first receives billfish by way of purchase, barter, or trade must provide
information on the fishing vessel that caught the billfishes (the items listed under (A) above), and
must also sign and date the Dealer’s/Processor’s Declaration certifying that the billfish were not
harvested from the management unit described below:
Blue Marlin and White Marlin: Waters of the entire North and South Atlantic Oceans (including
the Gulf of Mexico and Caribbean Sea).
Sailfish: Waters of the North and South Atlantic Oceans (including the Gulf of Mexico and
Caribbean Sea) west of 30o W. longitude.
Longbill Spearfish: Waters of the entire North and South Atlantic Oceans (including the Gulf of
Mexico and Caribbean Sea).
Black Marlin, Striped Marlin, and Shortbill Spearfish: Waters of the entire North and South
Atlantic Oceans (including the Gulf of Mexico and Caribbean Sea).
The COE must accompany each billfish throughout its chain of custody. A dealer or processor
who subsequently receives or possesses billfish covered by an original COE is required only to
complete the Dealer’s/Processor’s Declaration, and retain a copy of the COE while processing or
handling the billfish. The Billfish Certificate of Eligibility information is not required on a
specific form – the same information can be provided in another format. NMFS provides a
standard form on the Internet at
http://www.nmfs.noaa.gov/sfa/hms/GPEA/0216%20Billfish%20COEform.pdf
and upon request to help facilitate the data collection.
The information collected on the COE is not disseminated to the public, nor is it used to support
information that is disseminated to the public. It is used solely to declare that the accompanying
billfish was not harvested from the aforementioned Atlantic billfish management units to
document compliance, and for enforcement purposes.

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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 does not involve the use of automated, electronic, mechanical, or
other technological techniques. The paper certificate must be retained by all purchasers and
processors of the fish throughout its chain of custody, and electronic forms would make this
process more complex.
4. Describe efforts to identify duplication.
Coordination with existing programs is always explored to avoid unnecessary duplication of
effort. Duplication of certain elements of dealer reports (e.g., date of landing, vessel name, etc)
is unavoidable. In response to a related international recommendation regarding trade tracking,
NMFS evaluated whether this information collection could be combined with trade tracking
forms for other marine species. NMFS decided that, due to differing objectives, trade tracking
programs should not be consolidated at this time. However, the additional burden from this
program is minimal, because the information is assembled for other reports and is readily
available to dealers and processors.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Small businesses will be the respondents of this data collection. The information requested is
presented in a format that is compatible with the dealer operation of landing, purchasing, and
processing of billfishes. This consistency will minimize the compliance burden. Thus, there is
no significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
The limitations on where billfish can legally be landed for purchase, barter or trade, relative to
the wide area of occurrence of billfishes in the Atlantic and Pacific Oceans, necessitate the
current level of reporting to ensure compliance with regulatory requirements. If the information
were not collected, or collected less frequently, it would be difficult, if not impossible, to ensure
that billfish in commercial trade were not harvested from the management units described in
Question 2. The billfish COE helps to ensure that Atlantic billfish remain a recreational
resource.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection of information will be made in a manner consistent with Office of Management
and Budget (OMB) guidelines.

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8. Provide information on 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 October 31, 2007 solicited public comment on this
proposed renewal. No comments were received.
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 for completion of the billfish Certificate of Eligibility.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
It is NMFS policy not to release confidential data, other than in aggregate form, as the
Magnuson-Stevens Fisheries Conservation and Management Act protects (in perpetuity) the
confidentiality of those submitting data. Whenever data are requested, the Agency ensures that
information identifying the pecuniary business activity of a particular dealer is not identified.
These assurances are included in the Paperwork Reduction Act Statement on the COE form.
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.
It is estimated that approximately 100 initial shipments of billfish are annually completed by
approximately 50 dealers. The average response time for COE completion for the first purchaser
is estimated to be 20 minutes. Approximately three additional dealers/processors are involved
from billfish purchase to its final destination. Therefore, approximately 300 subsequent
responses occur (100 shipments x 3 subsequent responses). Each subsequent dealer/processor is
estimated to complete 2 of those 300 responses (300 responses ÷ 2 responses per
dealer/processor = 150 dealer/processors). The COE response time for subsequent billfish
purchases is estimated to be 2 minutes. Therefore, the total burden estimate for the collection of
information associated with the billfish COE is estimated as follows:
50 initial dealers x 2 COE per dealer x 20 minutes per COE = 2,000 miinutes/60 minutes
= 33.3 (33) hours (100 COE)
+
150 subsequent dealers/processors x 2 COE per dealer/processor x 2 minutes per COE =
600 minutes/60 minutes = 10 hours. (300 COE)
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Thus, the total estimates would be 200 respondents, 400 responses, and 43.3 (43) hours.
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 are no direct costs associated with completing the billfish COE.
14. Provide estimates of annualized cost to the Federal government.
The annual cost is estimated at less than $100 for printing and distributing the COE.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
No changes in total burden hours or responses are requested. The total number of respondents is
adjusted from 350 to 200 respondents because most subsequent dealer/processors are estimated
to handle more than one billfish shipment. It was previously assumed no dealer was responsible
for more than one response per shipment.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No publication is planned.
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 will be displayed.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
There are no exceptions.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This information collection does not employ statistical methods such as sampling.

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