0490 ss ren 041308 rev

0490 ss ren 041308 rev.pdf

Pacific Islands Region Permit Family of Forms

OMB: 0648-0490

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SUPPORTING STATEMENT
PACIFIC ISLANDS REGION PERMIT FAMILY OF FORMS
OMB CONTROL NO.: 0648-0490

INTRODUCTION
This Supporting Statement describes a renewal of the existing information collection under
OMB Control No.: 0648-0490.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
established regional fishery management councils, such as the Western Pacific Fishery
Management Council (WPFMC), to develop fishery management plans (FMP) for fisheries in the
United States (U.S.) exclusive economic zone (EEZ). These plans, if approved by the Secretary
of Commerce (Secretary), are implemented by Federal regulations and enforced by the National
Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS)
and U.S. Coast Guard (USCG), in cooperation with State agencies to the extent possible. FMP
regulate fishing to prevent overfishing and to ensure the long-term productivity and optimum
yield of the resources for the benefit of the U.S. Regulations implementing these plans are at 50
C.F.R. 665.
The WPFMC and NMFS have jurisdiction over fisheries in Federal waters of the Pacific Ocean
seaward of American Samoa, Guam, Hawaii, the Commonwealth of the Northern Mariana
Islands (NMI), and the Pacific Remote Island Areas (PRIA) 1 . WPFMC has prepared, and the
Secretary has approved and implemented through regulations, FMP for crustacean, precious
coral, pelagic, bottomfish/seamount groundfish, and coral reef ecosystem fisheries in the western
Pacific. Each of these FMP contains a requirement that commercial fishery participants obtain
Federal permits for the fishery. There are three types of permits: open access fishery permits
(e.g., western Pacific general longline fishing and receiving permits, pelagic troll & handline
permits, lobster permits, precious coral permits), limited access permits for selected fisheries
(e.g., HawaiiBbased pelagic longline fishery, American Samoa pelagic longline fishery), and
experimental fishing permits.
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 NMFS and
fishermen.

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Howland, Baker, Jarvis, Wake and Palmyra Islands, Johnston Atoll, Midway Atoll, and Kingman Reef.

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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.
Information is collected via a permit application process. Permits are valid for one calendar year
and may be renewed annually, except for the American Samoa longline limited entry permit,
which is effective for three years. Information from the permit application form will allow
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 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 WPFMC.
The collection includes annual requests by eligible Hawaii longline limited entry permit holders
for shallow-set certificates. The certificates are required to conduct shallow-set (swordfish)
longline fishing. A limited number of certificates are issued annually to those who request
certificates.
This collection also includes information involving appeals of permit denials. The appellant must
provide documentation to show why a permit should have been granted. The information is used
by the NMFS Pacific Islands Regional Administrator in making a final determination on permit
issuance under the FMP. The frequency of appeals for permit denials is expected to be 4 per
year, if any.
It is anticipated that business 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 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 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.
None of the federal permit application forms for western Pacific fisheries, including this
collection, are currently submitted in electronic form. However, applicants for western Pacific
fishing permits will be able to obtain and print an application form via the Pacific Islands
Region=s website at http://www.fpir.noaa.gov/. NMFS is developing a web-based permits
program that would allow applicants to apply for permits online. It is expected that such a
program can be implemented in the near future.

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4. Describe efforts to identify duplication.
NMFS carefully considered whether there were collections by other Federal agencies or state or
territorial agencies that might meet the information needs presented above. It was concluded that
no other collections, besides the requested information, would meet these reporting
requirements.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
All of the vessels in the Federally-managed fisheries in the western Pacific region are small
business entities of similar size and are affected comparably. No special measures are needed to
accommodate different sized businesses. The minimum amount of data needed for permit
issuance and consistent with this collection is sought in the permit application process.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Without this collection or if it is collected less frequently, NMFS will be unable to properly
evaluate permit applications issued under the western Pacific FMP. Also, 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 NMFS would be unable to consult with permit holders on
regulatory changes.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
This collection is considered to be consistent with Office of Management and Budget (OMB)
Guidelines.
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 describing this renewal was published on November 21, 2007 (72 FR
65564). No comments were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payments or gifts are involved in this collection.
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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, as
amended in 2006. It is also confidential under NOAA Administrative Order 216.100, which sets
forth procedures to protect confidentiality of fishery statistics. Assurance of this confidentiality
is provided on all forms.
Additional protections: Records are stored in computerized databases or CDs in locked rooms;
paper records are stored in file folders in locked metal cabinets and/or locked rooms. Records are
stored in buildings with doors that are locked during and after business hours. Visitors must
register with security guards and must be accompanied by Federal personnel at all times.
Records are organized and retrieved by NMFS internal identification number, name of entity,
permit number, vessel name or vessel identification number, or plant name. Electronic records
are protected by a user identification/password. The user identification/password is issued to
individuals as authorized by authorized personnel.
All electronic information disseminated by NOAA adheres to the standards set out in Appendix
III, Security of Automated Information Resources, OMB Circular A-130; the Computer Security
Act; an the Government Information Security Reform Act and follows NIST SP 800-18, Guide
for Developing Security Plans for Federal Information Systems; NIST SP 800-26, Security SelfAssessment Guide for Information Technology Systems; NIST SP 800-53, Recommended
Security Controls for Federal Information Systems.
A Privacy Act System of Records Notice for all NMFS Sustainable Fisheries Permits was
published on April 17, 2008 (73 FR 20914). If there are no comments to be addressed, it is
expected that this system of records will become effective by the end of May 2008.
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 of a sensitive nature are asked.
12. Provide an estimate in hours of the burden of the collection of information.
There are an estimated 276 unduplicated respondents (vessels) in this collection: 164 Hawaii
longline, 60 American Samoa longline, 12 Western Pacific general longline, 8 NW Hawaiian
Islands bottomfish, 10 Pacific Remote Island Areas troll and handline, 10 Western Pacific
lobster, 10 Western Pacific bottomfish, and 2 Western Pacific precious coral. The increase in
responses (from 384 to 438) and hours (from 157 to 192) is due to an increase in vessels,
adjustments to some permit numbers and to expected renewals of American Samoa longline
limited entry permits (Table 1).

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Table 1. Permit Application-Related Burden
Minutes per
Application

Burden

174 (174)

30

5,220 min (87 hours)

0

120

0

150 (150)

10

1,500 min (25 hours)

12 (14)

30

360 min (6 hours)

10 (2)

30

300 min (5 hours)

10 (0)
10 (2)
8 (8)

30
30
60

300 min (5 hours)
300 min (5 hours)
480 min (8 hours)

10 (10)

30

300 min (5 hours)

50 (20)

45

2,250 min (37.5 hours)

4 (4)
0

120
120

480 min (8 hours)
0

Number of Responses
(Previous responses in
parentheses)

WP Federal Fisheries
Permit Application:
Hawaii Longline Limited
Entry Permit
Hawaii Longline Closed
Area Exemption
Shallow-set Certificate
Request
WP Longline General
Permit
WP Receiving Vessel
Permit
PRIA Troll & Handline
Lobster (all WP areas)
NWHI Bottomfish (Mau &
Hoomalu zones)
WP Bottomfish (Guam,
NMI, PRIA)
American Samoa Longline
Limited Entry Permit
Permit Appeals
Experimental Fishing
Permits
Total

438

11,490 min (192 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 is no start-up costs associated with the permits. No special equipment or materials are
required to apply for permits. Non-refundable application processing fees are charged for
renewals and transfers of Hawaii longline limited entry permits; additional permits, renewals,
transfers, and upgrades of American Samoa longline limited entry permits; and renewals of
Northwestern Hawaiian Islands (NWHI) Mau Zone bottomfish permits.
Hawaii longline limited entry permit = $41 (x 174 = $7,134)
American Samoa longline limited entry permit = $32 (x 50 = $1,600)
NWHI Mau Zone limited entry permit = $33 (x 8 = $264)
Total application processing fees = $8,998.
The estimated cost to respondents for postage, faxes, copies, etc., related to this collection is
estimated at $450 per year. The total cost burden is estimated at $9,448.

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14. Provide estimates of annualized cost to the Federal government.
The estimated cost to the Federal government to administer this collection, which includes
database management, is $10,805 = $9,855 (438 x 45 min/permit x $30/hr) + $850 (postage) +
$100 (supplies).
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
There are changes to respondents (an additional 44 vessels), and to burden and cost, primarily
relating to the renewal of three-year American Samoa longline limited entry permits that expire
in 2008 (an additional 30 renewals expected). Additional burden and cost estimates are based on
updated estimates for all permit applications (as shown in Table 1, increases are expected for
three other types of permits, and a decrease for one), with a net increase of 54 responses.
Processing fee amounts were also revised (decreased), so that while there will be additional
responses, each with its associated cost as described in #13, there is an overall net decrease of
$1,364.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No publication based solely on this collection of information is planned at this time. However,
the information contained in the permit application will be analyzed by NMFS to determine
eligibility for permit issuance and the need for management changes to conserve fish stocks and
protect endangered or threatened marine animals and their habitats. These analyses will be
included in annual stock assessment and fishery evaluation reports as required under these FMP.
The information from this collection may ultimately be published in scientific journals.
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.
No exceptions are proposed.

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

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File TitleSUPPORTING STATEMENT
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File Created2008-04-17

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