NCPR ss 040808rev

SUPPORTING STATEMENT
NON-COMMERCIAL PERMIT AND REPORTING REQUIREMENTS
IN THE MAIN HAWAIIAN ISLANDS BOTTOMFISH FISHERY
OMB CONTROL NO.: 0648-0xxx

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act) 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, an amendment to the Fishery Management
Plan (FMP) for Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region,
to be implemented through regulations at 50 CFR Part 665. The regulations will require all noncommercial participants (including vessel owners, operators, and crew) in the boat-based
bottomfish fishery in the main Hawaiian Islands (MHI) to obtain a federal bottomfish permit.
This collection of information is needed for permit issuance, to identify actual or potential
participants in the fishery, determine qualifications for permits, and to help measure the impacts
of management controls on the participants in the fishery. The permit program is also an
effective tool in the enforcement of fishery regulations and serves as a link between the National
Marine Fisheries Service (NMFS) and fishermen.
All vessel owners or operators in this fishery will also be required to submit a completed logbook
form at the completion of each fishing trip. These logbook reporting sheets will document the
species and amount of species caught during the trip. The reporting requirements are crucial to
ensure that NMFS and the Council will be able to monitor the fishery and have fisherydependent information to develop an estimate of an Annual Catch Limit (annual Total Allowable
Catch) for the fishery, evaluate the effectiveness of management measures, determine whether
changes in fishery management programs are necessary, and estimate the impacts and
implications of alternative management measures.
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.
Permits
Information is collected via a permit application process. Permits are valid for one calendar year
and may be renewed annually. Information from the permit application form will allow the
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NMFS, Pacific Islands Region, to confirm the identity of the permit holder and applicant, and to
determine whether the applicant qualifies for the permit. Vessel-related information such as
vessel documentation or registration, ownership, managing ownership, etc., are used by the
NMFS to determine whether the applicant is an owner of a U.S. documented/registered vessel.
The information may also be used by NOAA Enforcement, the USCG and the Council. Private
information will not be disseminated to the public, and will be reported only in non-confidential
or aggregate form.
Logbook Forms
The completed logbook forms are required to be submitted to the NMFS by vessel owners or
operators within 48 hours of the end of each fishing trip. The reporting requirements provide the
information needed by NMFS and the Council to regulate and monitor the fisheries managed
under the FMP and to evaluate the effectiveness of management by assessing the status of stocks
and the status of the fisheries. The information provides a basis for determining whether changes
in management are needed to sustain the productivity of the stocks or to address economic
problems in the fishery. The information is also used to provide the basis for evaluating the
magnitude and distribution of impacts resulting from changes to the regulations. Specifically,
the information collected through the logbooks will enable the NMFS to develop a total
allowable catch (TAC) for the fishery annually, and to effectively monitor the TAC for the
bottomfish fishery (beginning in 2009 for the non-commercial sector). Without the information,
the NMFS and the Council would be unable to determine whether management is achieving the
objectives of the FMP and preventing overfishing, the principal requirement of the MagnusonStevens Act. Information from the logbooks is used by enforcement agents of the NMFS, State
of Hawaii, and USCG to monitor compliance with fishing regulations and reporting
requirements.
The information will not be disseminated to the public except in non-confidential or aggregate
form in summary and analytical reports. 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.
NMFS will retain control over the information and safeguard it from improper access,
modification, and destruction, consistent with Federal law and regulations, and NOAA policies
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 predissemination 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.
Permits
At this time, the information will be collected on paper forms and does not require any
knowledge of automated, electronic, mechanical or other forms of information technology. There
is the possibility of allowing participants to submit their permit applications online but this
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would only be an option. A web-based national fisheries permit system is currently under
development.
Logbook Forms
At this time, the information will be collected on paper forms and does not require any
knowledge of automated, electronic, mechanical or other forms of information technology. An
option for allowing participants to submit their logbook applications online is under
development.
4. Describe efforts to identify duplication.
Permits
There is no similar State of Hawaii permit requirement for the non-commercial MHI bottomfish
fishery.
Logbook Forms
There is no similar State of Hawaii catch and effort reporting program for the non-commercial
MHI bottomfish fishery. The State of Hawaii has a voluntary creel survey program that covers
shore-based and boat-based fisheries in the MHI that is general in scope and does not provide
full coverage of the non-commercial bottomfish fishery.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Permits
This would not require collection of information from small businesses or other small
commercial entities.
Logbook Forms
This would not require collection of information from small businesses or other small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Permits
Without this collection or if it is collected less frequently, the NMFS will be unable to properly
evaluate activity, participation, and reporting compliance in the non-commercial MHI bottomfish
fishery. It will be difficult to monitor the fisheries and their participants, determine entry and exit
patterns, and provide information needed to ensure full impact analysis for fisheries management
programs. Without this information enforcement agents will not be able to identify current
fishery participants for compliance monitoring purposes and the NMFS would be unable to
consult with permit holders on regulatory changes. For example, when the TAC for the fishery is
reached, the NMFS would need to contact participants to inform them the fishery will be closed.
Logbook Forms
Logbook reporting is needed in the non-commercial MHI bottomfish fishery to get an accurate
count of the effort level and amount of harvest in this fishery. Currently, the only estimates of
harvest in the fishery come from the commercial bottomfish fishery and for effective fishery
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management, it is essential to have the complete picture of effort and harvest from all
participants.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
None.
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 proposed rule, RIN 0648-AU22, was published for comment in the Federal Register on
February 1, 2008 (73 FR 6101). No comments were received that affected the information
collection requirements. A final rule was published in the Federal Register on April 4, 2008 (73
FR 18450).
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.
Under Section 402(b) of the Magnuson-Stevens Act, amended in 2006, and NOAA
Administrative Order 216-100, information submitted in accordance with regulatory
requirements under the Act is confidential. This includes personal and proprietary information
contained in the permits and logbooks.
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.
The NMFS expects to receive an estimated 800 – 5,000 non-commercial MHI bottomfish permit
applications each year. It would take an estimated 20 minutes for an applicant to complete a
permit application for a maximum burden of 1,667 hours per year for permit applications.
Preparation of a permit appeal would take an estimated two hours and no more than ten per year
would be expected, for an estimate burden of 20 hours.
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The NMFS expects that 800 - 1800 vessels may make between 10 – 50 trips per year, averaging
1 day per trip, and generating a maximum of 90,000 (1800 x 50) daily trip logsheets per year. A
trip report would take about 20 minutes per logsheet, resulting in a maximum burden of 30,000
hours per year for reporting.
Total responses: 5,000 + 10 + 90,000 = 95,010.
Total hours: 1,667 + 20 + 30,000 = 31,687.
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 is no Astart up@ capital cost for complying with this requirement. Paper forms provided by
the NMFS will be used by the respondents for providing information. Use of electronic forms is
an option that will be provided later, but would be voluntary on the respondent’s part and
presumably would be used only if the respondent already possessed the requisite equipment. The
maximum estimated cost to respondents for postage, faxes, copies, etc., related to this collection
is $7.80 x 5,000 = $39,000 per year.
14. Provide estimates of annualized cost to the Federal government.
The estimated annual cost to the Federal government to administer this collection of information
is up to $510,800 per year. This includes the cost to process permit applications and issue
permits at $50,000 per year (5,000 permits x 30 min/permit x $20/hr), printing daily catch and
effort logsheet forms at $10,800 per year (90,000 logsheets x $0.12 per sheet), and processing of
log forms at $450,000 per year, which is calculated by the cost of staff time for receiving and
entering logsheet form data (90,000 logsheets x 15 min/logsheet x $20/hr).
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
This is a new program.
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
developing allowable catch limits for the MHI bottomfish fishery, 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.
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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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