Disaster ss burden rev 092508

SUPPORTING STATEMENT
NATIONAL MARINE FISHERIES SERVICE DISASTER ASSISTANCE
OMB CONTROL NO. 0648-xxxx

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Secretary of Commerce can provide disaster assistance under sections 312(a) or 315 of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 U.S.C. 1861), as
amended, and under sections 308(b) or 308(d) of the Interjurisdictional Fisheries Act (IFA) (16
U.S.C. 4107), after Congress appropriates funds for such a purpose. This information collection
is needed so that state, local or tribal government representatives may apply for consideration of
a determination of commercial fishery failure due to a fishery resource disaster as a basis for
acquiring potential disaster assistance.
For assistance to be provided, a commercial fishery failure must be shown to have occurred due
to a fishery resource disaster of natural or undetermined causes or man-made causes. The
disaster must be demonstrated to be beyond the capacity of fishery managers to mitigate through
conservation and management measures, including regulatory restrictions imposed to protect
human health or the marine environment (including those regulations imposed as a result of
judicial action).
Those interested in obtaining a disaster determination must submit a request with supporting
data. The required information is necessary for evaluating individual requests in order to make a
determination.
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 submitted with a request for consideration of a Fishery Resource Disaster
Determination will be used by National Oceanic and Atmospheric Administration (NOAA)’s
National Marine Fisheries Service (NMFS) to evaluate whether a fishery meets the following
“three pronged test”: (1) there must have been a fishery resource disaster as defined by the MSA
or IFA; (2) the cause for the commercial fishery failure due to a fishery resource disaster must
have been within the scope of the MSA or IFA and applicable regulations; and (3) there must be
economic impact stemming from the fishery resource disaster which supports a determination of
a commercial fishery failure under the MSA or IFA. To initiate a request for fisheries disaster
assistance from NMFS, the Governor of an affected state or a publicly-elected or politicallyappointed representative of the affected fishing community (i.e., mayor, city manager, or county
executive) must submit a request to NMFS by letter that includes:
(1) A clear definition of the fishery, including identification of all fish stocks and whether it
includes non-Federal fisheries as well as Federal fisheries, and the geographical limits of the
fishery for which the request is being made.
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(2) The rationale and supporting documentation as required by this proposed rule, including:
(i) Characteristics of the fishery which is the subject of the request and other related fisheries
that participants also fish in (size and value; number of participants; environmental, economic
and socio-cultural behaviors; and landings data);
(ii) Percent and dollar decline in landings, economic impact, revenues, or net revenues by
vessel category, port, etc. (this should represent the proportion of the affected fishery resource
compared to the commercial fishery as a whole (not just for the affected fishery resource);
(iii) Number of participants involved by vessel category, port, etc.;
(iv) Length of time the resource (or access to it) has been or will be restricted (this is important
for determining the type of assistance, e.g., longer-lasting failures may justify retraining or loans
to provide assistance until recovery can take place, etc.);
(v)

Documented decline in the resource;

(vi) Documented spending plan which describes the activities that could be used to mitigate if a
commercial fishery failure due to a fishery resource disaster were determined;
(vii) A comprehensive economic and socio-economic evaluation of the affected region=s
fisheries if the request is for a catastrophic regional fishery disaster; and
(viii) Other information that may be required by NMFS.
This information will be submitted once with the initial request.
As explained in the preceding paragraphs, the information gathered has utility. NOAA’s
National Marine Fisheries Service will retain control over the information and safeguard it from
improper access, modification, and destruction, consistent with 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. Although the
information collected is not expected to be disseminated directly to the public, results may be
used in scientific, management, technical or general informational publications. Should NOAA’s
National Marine Fisheries Service decide to disseminate the information, it will be subject to the
quality control measures and 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.
This information collection may be developed on a personal computer through either a word
processing or financial spreadsheet application. Requests and supporting documents must be
mailed with the request letter because of official signature requirements. Electronic signature is
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not feasible for this submission, since the formal request will be submitted via letter addressed to
the Secretary of Commerce (i.e., controlled correspondence).
4. Describe efforts to identify duplication.
There are no other collections which gather similar information. The information requested is
unique to each fishery resource disaster determination request. No duplication of effort exists
with other Federal Government information collection efforts.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Small businesses or small entities may not submit a request. Only the Governor of an affected
state or a publicly-elected or politically-appointed representative of the affected fishing
community (i.e., mayor, city manager, or county executive) may submit a request for Fishery
Disaster Assistance
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Supporting data for a Fishery Disaster Assistance request is needed to evaluate whether
conditions exist to support a determination of a Commercial Fishery Failure due to a Fishery
Resource Disaster and is submitted on a one-time basis.
No less frequent collection is feasible.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
There are no special circumstances which require this collection to be conducted in a manner
inconsistent with 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 record keeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
A proposed rule (RIN 0648-AW38) will be published for public comment.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No gifts or payments are made to anyone who submits an application to participate in this
program.
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10. Describe any assurance or confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collection does not request any proprietary or confidential information. No
confidentiality is provided.
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 collected.
12. Provide an estimate in hours of the burden of the collection of information.
The agency expects to receive 4 requests per year. Preparation time for the NOAA/NMFS
requirements is estimated to be 40 hours for each request. Thus, the total burden will be 160
hours per year.
13. Provide an estimate of the total annual recordkeeping/reporting cost burden to the
respondents resulting from the collection (excluding the value of the burden hours in #12
above).
Annualized costs per respondent are estimated at $15 (for special postage handling). Based on
an estimate of four annual requests, this equates to $60 per year.
14. Provide estimates of annualized cost to the Federal government.
This program does not add costs to the Federal government beyond the normal labor costs for
program staff, scientists, economists, and management. NMFS offices in six regions and
headquarters in Silver Spring, Maryland carry out the work.
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.
The results of this collection 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.
There are no forms, but the expiration date will be included, with the OMB Control No., on all
correspondence from the FFP.

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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 collection does not employ statistical methods.

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

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