0346 ss ren 111108rev

SUPPORTING STATEMENT
LIST OF GEAR BY FISHERIES AND FISHERY MANAGEMENT COUNCIL
OMB CONTROL NO. 0648-0346

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Under provisions of Section 305(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. et seq) as amended by the Sustainable Fisheries Act (P.L. 104-297),
the Secretary of Commerce is required to publish a list of all fisheries and gear under the
authority of each Fishery Management Council and of all fishing gear to be used in such
fisheries. Any person wishing to use gear not on the list, or engage in a fishery not on the list,
must provide the appropriate Fishery Management Council (or in some cases the Secretary) with
90 days advance written notice. If the Secretary takes no action to prohibit such a fishery or use
of such gear, the person may proceed.
This request is for a renewal of this information collection.
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.
An individual may provide notification to the appropriate council of any unlisted gear that the
individual wishes to employ or unlisted fishery in which the individual wishes to engage. The
individual must wait 90 days after the respective council signs a return receipt, before using such
gear or participating in such fishery. The individual must provide the following information as
described in 50 CFR 600.747(c):
• The name, address, and telephone number of the person submitting the notification;
• Written description of gear to be used;
• A diagram, and/or photograph of the gear, as well as any specifications and dimensions
necessary to define the gear;
• Identification of the fishery or fisheries in which the gear will be used;
• Identification of the likely bycatch species to be caught by the gear, including protected
species, such as marine mammals, sea turtles, sea birds, or species listed as endangered or
threatened under the Endangered Species Act;
• Season in which the gear will be fished;
• Description of how the gear will be deployed and fished including portions of the aquatic
environment in which the gear will be deployed (near surface, midwater, bottom); and,
• Area to be fished with such gear (location(s) (outer boundaries) by latitude and
longitude).
If the appropriate council has no initial objection to the use of an unlisted gear or participation in a
new fishery, the council will recommend that the authorized list of fisheries and gear be amended
and request National Marine Fisheries Service (NMFS) publish a notice of intent to amend the
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regulations and invite a 30-day public comment period. The appropriate council and NMFS will
use the information provided in the notification process to decide after public comment is
received whether a new gear should be allowed in a given fishery or an unlisted fishery should
be added to the listing.
The appropriate council will notify the individual of its disapproval of the request if, based on its
review of the information, the appropriate council determines that use of the gear or participation
in a fishery would compromise conservation and management efforts.
It is anticipated that 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 NOAA standards for
confidentiality, privacy and electronic information. See response to Question 10 of this
Supporting Statement for more information on confidentiality and privacy. The information
collection is designed to yield data that meet 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.
This collection does not use automated or electronic technology. As described in 50 CFR
600.747(c)(3), a return-receipt method by certified mail is used because the submission of the
notification gives the submitter certain rights to continue to use a gear type until action is taken.
Given the small number of respondents, establishing a similar electronic system would not be
cost effective.
4. Describe efforts to identify duplication.
There is no other requirement that fishermen provide these data to NMFS for new gear in an
authorized fishery or a new fishery in a given area. Unless a gear already is specifically
regulated, fishermen can employ new gear at will until NMFS implements specific regulations
concerning such gear.
5. If the collection of information involves small businesses or other small entities,
describe the methods used to minimize burden.
This collection will not have 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.
This is a statutorily required collection under the Sustainable Fisheries Act. Without the
collection of this information, the agency would not be in compliance with the law, and would
not have the data necessary to properly decide whether a given gear is beneficial to a fishery, its
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effects on the environment, and whether or not the gear is beneficial or harmful to the
conservation of given fish stocks.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
None.
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 July 31, 2008 (73 FR 44703) solicited public comment
on this renewal. No substantive comments were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
There is no payment or gift to respondents.
10. Describe any assurance or confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
NOAA is authorized under the Magnuson-Stevens Act and other statutes to collect and protect
proprietary or confidential commercial or financial information. Confidentiality of statistics
provisions of 50 CFR 600, subpart E, applies to data collected with respect to any fishery
management plan. This information is available to respondents when they consult the regulations
in order to complete the information required.
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 sensitive questions are asked.
12.

Provide an estimate in hours of the burden of the collection of information.

The total estimated reporting burden is 30 hours.
It is estimated that 20 submissions for new gear in an authorized fishery or a new fishery per year
(an average of a little less than three submissions per fishery management council (8 councils)
will occur to which this collection of information would apply. Each new submission is expected
to take one and a half hours to complete. Therefore, the total annual reporting burden for
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submitting reports, per vessel, is estimated to be: 20 submissions x 1 hour and 30
minutes/submission = 30 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 Question
12 above).
No capital or start-up costs are anticipated. Most, if not all, of the information collected is
expected to be available and recorded by the fishing vessel as a normal part of conducting
business. The only costs associated with this collection would be for contacting the Regional
Administrator (telephone, fax, or mail) and copying and sending the submission for new gear. It
is estimated that these costs would be approximately $10/vessel/contact or $200. NOTE:
Apparent cost increase of $200 in ROCIS is due to the cost having been rounded down from
$200 to $0 when migrating the ICR to ROCIS. There is no change to cost.
14. Provide estimates of annualized cost to the Federal government.
The costs to the Federal Government associated with this collection are expected to be
negligible. Other than providing copies of specific reporting requirements upon request, and
copying and processing the data received, there are no expenditures required. No capital
equipment would be required; systems already exist for data processing and record storage.
15. Explain the reasons for any program changes or adjustments.
There were no changes.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
There is no publication of the submissions per se, but accepted gear will be listed in regulations
and notices.
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.
Not applicable.
18. Explain each exception to the certification statement identified in Item 19 of the OMB
83-I.
No exceptions are requested.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection does not employ statistical methods.

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