0365 ss ren 012209rev

SUPPORTING STATEMENT
DOCUMENTATION OF FISH HARVEST
OMB CONTROL NO. 0648-0365

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)
authorizes the development of regional Fishery Management Plans (FMP). The National Marine
Fishery Service’s (NMFS) FMP for the Snapper-Grouper Fishery of the South Atlantic Region
requires that dealers possessing red porgy, gag, black grouper, or greater amberjack during
seasonal closures must maintain documentation that such fish were harvested from areas other
than the South Atlantic. This requirement is codified in 50 CFR 622.45.
During March and April, no person may sell or purchase a red porgy, gag, black grouper, or
greater amberjack harvested from the South Atlantic exclusive economic zone (EEZ). In
addition, if any of these species is harvested by a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, this
prohibition would be extended to all of the South Atlantic. In order for a dealer to purchase or
sell red porgy, gag, black grouper, or greater amberjack harvested from an area other than the
South Atlantic, such fish must be accompanied by documentation of harvest outside the South
Atlantic.
No procedural changes are proposed in this renewal.
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.
A dealer's purchase or sale of red porgy, gag, black grouper, or greater amberjack harvested from
an area other than the South Atlantic must be accompanied by documentation of harvest outside
the South Atlantic. Such documentation must contain the information specified in part 300
subpart K for marking containers or packages of fish or wildlife that are imported, exported, or
transported in interstate commerce. The required documentation will allow dealers to sell fish
which were caught from areas outside the South Atlantic during closed seasons. The following
information is required to be maintained on each container and/or catch of harvested red porgy,
gag, black grouper, or greater amberjack during closed seasons:
(a) The official number of the harvesting vessel.
.
(b) The registered name of the harvesting vessel.
(c) The home port of the harvesting vessel.

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(d) The port of offloading.
(e) The date of offloading.
(f) A statement signed by the dealer attesting that the red porgy, gag, black grouper, or
greater amberjack was harvested from an area other than the South Atlantic.
NMFS Law Enforcement Officers will use the data when investigating the sale of fish during
those periods when fishing is restricted. Record keeping is required to document the origin of
fish being sold out of season.
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 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 NMFS 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.
The records required at the time of inspection are to be maintained by the fish dealer and must
remain and be retained with the fish product, container, and/or catch being sold during those
periods when fishing is restricted. Thus, these are documents that cannot be captured or
transferred electronically or automated in any format available through information technology.
4. Describe efforts to identify duplication.
There are no similar or comparable programs, as only federal regulations have been developed
for this specific situation.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Most of the dealers in these fisheries can be categorized as small businesses. The collection will
not have a significant impact on small businesses, and no special modifications of the
requirements were considered necessary to accommodate the needs of small businesses.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
There is no reporting frequency requirement for the dealers. Records are maintained and made
available upon request by NMFS Law Enforcement Officers. If records are not kept either
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proper enforcement could not take place or dealers would be prohibited from possessing
otherwise legal fish.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No special circumstances require the collection to be conducted in a manner inconsistent with the
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 published on October 9, 2008 (73 FR 59606) solicited public
comment on this renewal. 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 provided.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
There is no assurance of confidentiality 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 sensitive information is required.
12. Provide an estimate in hours of the burden of the collection of information.
The record keeping requirement is expected to be utilized 100 times each year and consume 30
minutes for each response. The total burden for this request is 50 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).
The record keeping requirement is consistent with normal business practices and should not
involve any additional cost.
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14. Provide estimates of annualized cost to the Federal government.
There is no cost to the government.
15. Explain the reasons for any program changes or adjustments.
There are no program changes or adjustments.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No formal publications based on these collections are planned.
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.
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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