0316 ss ren 040308

SUPPORTING STATEMENT
PROHIBITED SPECIES DONATION PROGRAM
OMB CONTROL NO.: 0648-0316

INTRODUCTION
The 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 off the coast of Alaska are
managed by National Marine Fisheries Service (NMFS) under the authority of the MagnusonStevens 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 and are
implemented by regulations at 50 CFR part 679.26.
This action requests renewal of the Prohibited Species Donation (PSD) Program collection-ofinformation.

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Prohibited species are defined at 50 CFR 679.2 to include all species of Pacific salmon, steelhead
trout, Pacific halibut, Pacific herring, king crab and Tanner crab caught by a vessel regulated
under part 679 while fishing for groundfish in the BSAI or GOA. All prohibited species catch
(PSC) is to be avoided, but if caught while fishing for groundfish, prohibited species must be
returned to the sea with a minimum of injury, under regulations at 50 CFR part 679.21.
Some groundfish fishing vessels are incapable of sorting their catch at sea, and deliver their
entire catch to an onshore processor or a processor vessel. Sorting and discarding of prohibited
species occurs at delivery. To reduce the amount of edible protein discarded in that process,
NMFS implemented the PSD Program initially for salmon in 1996, and expanded it to include
Pacific halibut in 1997.
The PSD Program allows PSC salmon and halibut to be processed and distributed through tax–
exempt hunger relief organizations. The regulations prohibit authorized distributors and persons
conducting activities supervised by authorized distributers from consuming or retaining
prohibited species for personal use. They may not sell, trade or barter any prohibited species that
are retained under the PSD Program.
However, processors may convert offal from salmon or halibut that has been prepared for the
PSD Program into fish meal, fish oil, or bone meal, and retain the proceeds from the sale of these
products.

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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 Regional Administrator may select one or more tax-exempt organizations to be authorized
distributors under the PSD Program based on the information submitted by applicants under
§ 679.26(b)(1). The number of authorized distributors selected by the Regional Administrator
will be based on the following criteria:
•

The number and qualifications of applicants for PSD permits.

•

The number of harvesters and the quantity of fish that applicants can effectively
administer.

•

The anticipated level of bycatch of prohibited species listed under paragraph (a) of this
section.

•

The potential number of vessels and processors participating in the groundfish trawl
fisheries.

NMFS monitors the PSD Program through documentation that tracks retained salmon and
halibut.
a. Application to become a NMFS Authorized Distributor
An organization seeking to distribute salmon and halibut under the PSD Program must submit an
application to become a PSD distributor. Applicants must be tax-exempt organizations that have
received a letter from the Internal Revenue Service recognizing tax exemption under 26 CFR
part 1 (§§ 1.402 to 1.58). A PSD permit is valid for a 3-year period after the selection notice is
published in the Federal Register.
NMFS uses the information on the PSD distributor application to determine an organization's
nonprofit status. In addition the application provides information about the ability of the
organization to arrange for and distribute donated salmon and halibut as a high quality food
product. If the application requests to distribute more than one type of prohibited species,
complete information must be supplied for each species, noting any differences in procedure.
A separate application must be submitted for each species that the applicant seeks to distribute.
No application form is provided.
a. Application to be a NMFS Authorized Distributor
Proof of the applicant's tax-exempt status.
A description of the arrangements for processing, shipping, storing, and transporting donated fish and an
estimate of the associated costs.

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A statement describing the applicant's expertise in providing for the distribution of food product from remote
Alaskan locations to hunger relief agencies, food bank networks, or food bank distributors, including
arrangements for transportation, distribution costs, and product quality control.
Documentation of support from cold storage and transportation facilities.
A proposed operating budget that is adequate to ensure that fish donated under the PSD Program will be
distributed to hunger relief agencies, food bank networks, or food bank distributors and that the fish will be
maintained in a manner fit for human consumption.
Proof of the applicant's ability to obtain and maintain adequate funding for the distribution of fish under the
PSD Program.
A copy of the applicant's articles of incorporation and bylaws showing that the purpose of the applicant includes
providing food resources to hunger relief agencies, food bank networks, or food bank distributors.
Proof of the applicant's ability to take full responsibility for the documentation and disposition of fish received
under the PSD Program, including sufficient liability insurance to cover public interests relating to the quality
of fish distributed for human consumption.
Quality control criteria to be followed by vessels, processors, hunger relief agencies, food bank networks, and
food bank distributors.
The number of vessels and processors that the applicant is capable of administering effectively.
A list of all vessels and processors, food bank networks, and food bank distributors participating in the PSD
Program. For the halibut donation component of the PSD program, vessels are not active participants and do
not need to be submitted on the list of program participants. The list of vessels and processors must include:
The vessel’s Federal fisheries permit number or the processor's Federal processor permit number.
The name of the vessel owner or responsible operator or the name of the processor owner or plant manager.
The vessel’s or processor's telephone number and fax number.
The signature of the vessel owner or responsible operator, or owner or plant manager of the processor.
A signed statement from the applicant and all persons listed, who would conduct activities pursuant to the
PSD permit waiving any and all claims against the United States and its agents and employees for any
liability for personal injury, death, sickness, damage to property directly or indirectly due to activities
conducted under the PSD.
A list of locations where fish must be delivered by participating vessels and processors.

Only one participant has applied over the years. This participant is still the only distributor in the
Program.
Application to become a NMFS Authorized Distributor, Respondent
Number of respondents
Total annual responses (0.33)
Responses per respondent (1 every 3 yr)
Total burden hours (13.33)
Hours per response = 40; 40/3 = 13.33
Total personnel cost ($25 x 13)
Total miscellaneous cost (7/3 = 2.33)
Mailing cost ($5 x1= 5)
Photocopy cost ($0.10 x 1 x 20 pages = 2)

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1
1
13 hr
$325
$2

Application to become a NMFS Authorized Distributor, Federal Government
Total annual responses
1
Total burden hours (13.2)
13 hr
Hours per response = 40
Total personnel cost ($25 x 13)
$325
Total miscellaneous cost
0

b. Distributor’s List of PSD Program Participants
A PSD Program distributor annually must maintain a list of all vessels and processors, food bank
networks, and food bank distributors participating in the PSD Program. If the distributor
modifies any information on the PSD permit application, the authorized distributor must submit a
modified list of participants or a modified list of delivery locations to the Regional
Administrator.
The following information must be retained for each processor and vessel on a list of vessels and
processors:
Federal fisheries permit number or Federal processor permit number.
Name of the vessel owner or operator or the name of the owner or plant manager of the processor.
Vessel's or processor's telephone number and fax number.
Signature of the vessel owner or operator or the processor owner or plant manager.

Distributor’s List of PSD Program Participants, Respondent
Number of respondents
Total annual responses
Responses per respondent = 90
Total burden hours (1 x 0.2 x 90)
Hours per response = 0.2
Total personnel cost ($25 x 18)
Total miscellaneous cost
Distributor’s List of PSD Program Participants, Federal Government
Total annual responses
Total burden hours
Total miscellaneous cost

1
90
18 hr
$450
0

0
0
0

c. Distributor’s tracking product and retention of records.
Distributors annually must keep on file and make available for inspection, receipts and cargo
manifests that describe the origin, weight, and destination of all prohibited species bycatch.
Receipts and cargo manifests are necessary to aid NMFS and United States Coast Guard (USCG)
enforcement personnel, as well as the NMFS authorized distributor, to track salmon and halibut
and to help ensure that the distribution of salmon and halibut is as intended and authorized by the
PSD Program.

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Distributor’s Tracking of products & Retention of Records,
Respondent
Number of respondents
Total annual responses
Responses per respondent = 90
Total burden hours (1 x 0.2 x 90 days)
Hours per response = 0.2
Total personnel cost ($25 x 18 x 1)
Total miscellaneous cost
Distributor’s Tracking of products & Retention of Records,
Federal Government
Total annual responses
Total burden hours
Total miscellaneous cost

1
90
18 hr
$450
0

0
0
0

d. Processor product tracking & retention of records
Processors in the PSD Program annually must keep on file and make available for inspection,
receipts and cargo manifests describing the origin, weight, and destination of all prohibited
species bycatch shipped from the processing facility. Receipts and cargo manifests are necessary
to aid NMFS and USCG enforcement personnel, as well as the NMFS authorized distributor, to
track the distribution of salmon and halibut and to help ensure that the distribution of salmon and
halibut is as intended and authorized by the PSD Program.
Processor product tracking requirements, Respondent
Number of respondents
Total annual responses
Responses per respondent = 90
Total burden hours
Hours per response = 0.1
Total personnel cost ($25 x 180)
Total miscellaneous cost
Processor product tracking requirements, Federal Government
Total annual responses
Total burden hours
Total miscellaneous cost

20
1,800
180 hr
$4,500
0

0
0
0

e. Packaging and labeling of PSD prohibited species
Prohibited species retained under the PSD Program must be packaged, and all packages must be
labeled to describe the fish contained in the package with:
Date of processing,
Name of the processing facility,
Contents
Weight of the fish contained in the package, and the words
NMFS PROHIBITED SPECIES DONATION PROGRAM –
NOT FOR SALE 5

PERISHABLE PRODUCT –
KEEP FROZEN
This description is new to the support statement but has been in the regulations since the start of
the PSD Program. The addition here is a correction to an inadvertent error of previous support
statements.
PSD fish package labeling, Respondent
Number of respondents
Total annual responses
Responses per respondent = 90
Total burden hours
Hours per response = 0.17
Total personnel cost ($25 x 306)
Total miscellaneous cost
PSD fish package labeling, Federal Government
Total annual responses
Total burden hours
Total miscellaneous cost

20
1,800
306 hr
$7,650
0

0
0
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 following 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.
The application to become a PSD distributor is submitted to NMFS as a letter. The letter
includes responses to the items detailed in 50 CFR part 679.26 and is not amenable to electronic
submission of information, although this application could be submitted to NMFS as an
attachment to an email. In addition, the changes or updates could be submitted to NMFS by email.
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.

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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.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Without the specified permitting scheme described in this Supporting Statement, the PSD
Program would be unable to proceed.
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.
A Federal Register notice published November 14, 2007 (72 FR 64046) solicited public
comment. No comments were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift to respondents is provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Information collected on the application for a PSD distributor is not considered confidential and
will be released to the public upon request. Other information that may be collected from
commercial operations may be considered confidential under section 402(b) of the MagnusonStevens Act (16 U.S.C. 1801 et seq.) and also under NOAA Administrative Order 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.

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12. Provide an estimate in hours of the burden of the collection of information.
Estimated total respondents: 21. Estimated total responses: 3,781, up from 1,981. Estimated
total burden hours: 535, up from 229. Estimated total personnel costs: $13,375, up from
$5,725.
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: $2, down from $7.
14. Provide estimates of annualized cost to the Federal government.
Estimated total responses: 0.33. Estimated total burden hours: 13 hr. Estimated total personnel
costs: $325.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
Adjustments are made to include the packaging and labeling of PSD product, described in item
2.e. This description is new to the support statement but has been in the regulations since the
start of the PSD Program. The addition here is a correction to an inadvertent error of previous
support statements.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No plans exist for publishing the results of this information collection.
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.
No forms are used in this collection-of-information.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
No forms are used in this collection-of-information

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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