0470 ss ren 031309

SUPPORTING STATEMENT
REPORTING OF SEA TURTLE INCIDENTAL TAKE
IN VIRGINIA CHESAPEAKE BAY POUND NET OPERATIONS
OMB CONTROL NO. 0648-0470

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
This request is for a renewal of this information collection.
Since 2002, the National Oceanic and Atmospheric Administration’s (NOAA) National Marine
Fisheries Service (NMFS) has promulgated several rules restricting the use of large mesh and
stringer pound net leaders in certain Virginia Chesapeake Bay waters during the late spring/early
summer each year. On June 17, 2002, an interim final rule on this was published (67 FR 41196)
restricting leader use, which also required year round reporting of sea turtle takes. In 2004, a
NMFS issued a final rule further restricting pound net leader use in Virginia (69 FR 24997). The
2004 rule retained the reporting requirement from the 2002 rule. Requirements are codified in
50 CFR 222.102, 223.205(b)(15) and 223.206(d)(10). These regulations were implemented as a
result of high sea turtle strandings each spring in Virginia and the documented take of sea turtles
in pound net leaders. In 2002 and 2004, Biological Opinions on the issuance of these NMFS sea
turtle conservation measures were completed pursuant to section 7 of the Endangered Species
Act of 1973 (ESA) as amended – the most recent on April 16, 2004. In each of these Biological
Opinions, an Incidental Take Statement was also completed, exempting the incidental take of a
certain number of loggerhead, Kemp’s ridley, green and leatherback sea turtles in pound net
operations.
A non-discretionary term and condition of these Incidental Take Statements involved the
reporting to NMFS of live or dead sea turtles taken in pound net operations. The collection of
this information on the incidental take of sea turtles in the Virginia pound net fishery is necessary
to ensure sea turtles are being conserved and protected, as mandated by the ESA. Documenting
the accurate occurrence of sea turtle incidental take in pound net operations will help to
determine if additional regulatory actions or management measures are necessary to protect sea
turtles caught in pound net operations. This information will help NMFS better assess the
Virginia pound net fishery and its impacts (or lack thereof) on sea turtle populations in the
Virginia Chesapeake Bay. The collection of this information is also imperative to ensure that the
April 2004 Incidental Take Statement is not being exceeded, the anticipated take levels are
appropriate, and the effects analysis in the Biological Opinion is accurate. Further, reporting the
take of live, injured sea turtles caught in pound net gear will ensure these turtles are transferred
immediately to a stranding and rehabilitation center for appropriate medical treatment.

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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.
Virginia pound net fishermen will call and inform NMFS of any incidental takes of sea turtles in
their annual pound net operations. Information provided in these phone calls will include the
date and time when the specimen was found, location of pound, location where the animal was
found, type and/or mesh size of leader, approximate depth of pound, environmental conditions,
fate of the animal, and species information (alive or dead, condition of animal, approximate size,
species description). The name and phone number of the respondent will also be noted. The
information will be collected by the NMFS Northeast Region Protected Resources Division and
then distributed to the NMFS Northeast Fisheries Science Center and the Office of Protected
Resources. Information will be collected by NMFS only when a sea turtle is taken in pound net
gear, estimated to occur 608 times annually. If an animal is found injured or dead, the fishermen
will first report the incident to NMFS, and then to the appropriate stranding and rehabilitation
facility (member of the state sea turtle stranding and salvage networks (STSSN)). The additional
reports to the stranding and rehabilitation facility are necessary to ensure the animals are
immediately retrieved and either treated for their injury (to attempt to prevent subsequent
mortality) or necropsied (to help determine cause of death).
Sea turtles are typically present in Virginia waters from May to November, so reporting is
expected to occur only during those warmer months. The collected information will be used to
monitor the incidental take of sea turtles in pound net operations, as authorized by the Incidental
Take Statement. The reporting of information will also be used to help evaluate the capture and
mortality of sea turtles in Virginia waters, which is a high priority for NMFS headquarters and
Northeast Region, especially during the spring months. Further, the take reports may be used to
implement additional appropriate management measures, such as reducing the allowable leader
mesh size or modifying the time period of the restrictions. The general intent of collecting this
information is to fulfill the general actions stated in the sea turtle recovery plans (i.e., minimize
mortality from commercial fisheries).
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 collection of information in question involves reporting the take of sea turtles via a
telephone call or fax. This method of reporting is effective means to collect this information.
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While information could be collected via electronic mail, it is believed that Virginia pound net
fishermen will have an easier time reporting via a telephone call or fax. Furthermore, it is
unknown how many Virginia fishermen have computer access, whereas almost everyone has
access to a telephone.
4. Describe efforts to identify duplication.
NMFS does not collect similar information directly from the public, but incidental take
information is occasionally reported to the states. The STSSN members collect information on
sea turtle strandings and, when reported, incidental take. However, based upon anecdotal
information, fishermen have not typically reported incidental takes of sea turtles caught in their
gear, and Virginia pound net fishermen would not likely report interactions unless the condition
is mandatory. Even in response to NMFS’ mandatory requirement, there are not many reports
from pound net fishermen (but we suspect that there are turtles being caught in pounds). This
reporting requirement enables NMFS to better obtain information on pound net takes, and
respond to and collect data on such takes on a real time basis. Besides the previous reporting for
which this request is a renewal, this specific type of reporting has not been previously required or
requested in Virginia waters.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This information collection will not have a significant impact on small entities. This collection
of information does involve small entities but the impacts are minimized by the relatively
infrequent nature of the reporting (i.e., only from May to November, with a maximum of 609
reports: 608 entanglement reports and one stranding report) and the reporting by telephone or
fax.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If this information is not collected, the evaluation and effectiveness of the Biological Opinion
and Incidental Take Statement will be compromised. Further, the regulations previously
developed will not be able to be evaluated to determine if they are effective in reducing sea turtle
mortality. The NMFS, Northeast Region (NER) and Northeast Fisheries Science Center
(NEFSC) have dedicated a significant amount of funding and staff time to evaluate and reduce
spring sea turtle mortality in Virginia, and this reporting information is essential to both further
those efforts and determine if the previous restrictions are appropriate. Additionally, if injured
animals are taken and not reported to NMFS, those sea turtles would not receive the necessary
medical care that is critical to their survival. Similarly, dead turtles found in the nets would also
not be transported to a stranding and rehabilitation facility for a necropsy (if the condition of the
animal enables this), and as such, important information on the health of the animal, and
potentially the determination on the cause of death, would be lost. Acquiring this information to
fulfill the aforementioned objectives is an important aspect of the NMFS Northeast sea turtle
program.

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7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection of this information may be inconsistent with the Office of Management and
Budget (OMB) guidelines (Item #1). If sea turtles are incidentally taken in pound net fishing
operations, fishermen are required to report that information as a result of this information
collection. Sea turtles are only in Virginia waters from approximately May to November, but
there is no schedule for when a sea turtle may be taken during that time. For example, three sea
turtles may be taken in one week, or a sea turtle may be taken every third month. Either way, the
fishermen are required to report those interactions. Therefore, there is the potential for fishermen
to report sea turtle takes more often than quarterly. While the reporting of sea turtle take may
occur more often than quarterly, it will not occur all year round. Further, the estimated number
of sea turtles anticipated to be taken in Virginia pound net operations is only 608 turtles
annually.
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 December 17, 2008 (73 FR 76617) solicited public
comment. 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 will be provided to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Personal identifiers and any commercial information will be kept confidential to the extent
permitted under the Freedom of Information Act (FOIA) (5 U.S.C. 552), the Department of
Commerce FOIA regulations (15 CFR Part 4, Subpart A), the Trade Secrets Act (18 U.S.C.
1905), and NOAA Administrative Order 216-100. No specific assurance of confidentiality is
given to the respondents.
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.
This collection of information does not involve any questions of a sensitive nature.

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12. Provide an estimate in hours of the burden of the collection of information.
The total hour estimate for the reporting requirement was determined from the following
information:
The number of responses was determined by considering the number of sea turtles anticipated to
be caught annually in Virginia pound nets. The number of loggerheads and Kemp’s ridleys
taken in Virginia pounds was estimated from those animals previously taken in the Potomac
River pound nets, the only pounds for which sea turtle takes have been consistently reported
from over the years. The number of nets set in the Potomac River has varied slightly among
years (between 5 to 7), so for the purposes of this analysis, NMFS assumes that an average of 6
nets was fished per year. From 1980 to 1999, the average number of loggerheads taken in the
Potomac River pound nets was 31.07 turtles per year (n=435; Mansfield and Musick 2004), with
an approximate 5 loggerhead turtles taken per net. Based on the best available (most complete)
information previously obtained from Virginia Marine Resources Commission (VMRC), an
estimated 101 pound nets are in the area. Given the available information, the anticipated level
of annual take in all pounds in the action area is 505 loggerhead sea turtles (=101 pounds * 5
turtles/net). The average number of Kemp’s ridleys taken in the Potomac River pound nets was
2.2 turtles per year (=44 turtles/20 years), with an approximate 0.37 turtles taken per net, or 1
turtle per net. This would result in an anticipated level of annual take of 101 Kemp’s ridley sea
turtles (=101 pounds * 1 turtles/net) for all pounds in the action area. NMFS further anticipates
that one green turtle could be captured in all of the pounds of pound net gear annually.
Additionally, based upon previous level of entanglement in the spring and scientific studies,
NMFS anticipates that one loggerhead, Kemp’s ridley, green, or leatherback sea turtle will be
entangled in leaders each year in the Virginia waters of the Chesapeake Bay, even with the
current regulations in effect. This entanglement is expected to result in mortality.
Over the past three years, there have not been any reports of sea turtle interactions in Virginia
pound net gear. However, sea turtles occur in Virginia Chesapeake Bay waters, and may
continue to be subject to interactions with pound net gear, which would make this reporting
requirement applicable. It is possible that fishermen are not complying with the mandatory
reporting requirements. The estimates for reporting were based on the best available information
from previous studies with sea turtles and pound net gear.
The anticipated number of sea turtles taken annually in pound net operations is 505 loggerheads,
101 Kemp's ridleys, and 1 green taken in pounds (all live and uninjured), plus 1 loggerhead,
Kemp's ridley, green, or leatherback in leaders (assumed to be dead). Therefore, a total of 608
turtles are anticipated to be taken by this action per year. If an animal is found injured or dead,
the fishermen are first required to report the incident to NMFS, and then to the appropriate
stranding and rehabilitation facility. As such, for the 1 animal that may be found dead, 2 reports
for that turtle will be made. As a result, 609 reporting calls (608 to NMFS plus 1 to stranding
network) should be completed each year.
The number of respondents was calculated by determining the number of licensed pound net
fishermen in the Virginia Chesapeake Bay. While there are an estimated 101 pound nets in the
area, the best available data from VMRC indicates that there were 41 licensed pound net
fishermen in 2008.
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The hourly burden was calculated by assuming a phone call to NMFS or the
stranding/rehabilitation facility will last for a maximum of 10 minutes. Therefore, with 609
reports lasting 10 minutes per report, the hourly burden would be 6,090 minutes, or 101.5 (102)
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 cost burden was obtained by using the information on anticipated numbers of reports as
presented in Question 12 and the following information:
An estimated 609 reports (calls) are anticipated to be conducted annually. The cost of a 10
minute call was estimated to be $3 per call. Therefore, a total cost estimate was determined to be
$1,827 for all Virginia pound net fishermen annually.
14. Provide estimates of annualized cost to the Federal government.
The estimated cost to the Federal government will be only in terms of staff hours. An anticipated
608 reports will be called in to NMFS, and each call is expected to last a maximum of 10
minutes. NMFS staff will be able to compile any written report/notes during this phone call. As
such, the total hourly burden on NMFS would be 101.3 hours. The financial burden would
depend upon the pay band level of the party answering the phone call. As the staff fielding these
calls likely will be pay band level III, approximately 101.3 hours of work (about 2.5 weeks)
would cost the Federal government approximately $3,000. However, this task would be included
in the respective staff’s performance plan and would not be an additional monetary requirement
(as it is included in the staff’s current salary).
15. Explain the reasons for any program changes or adjustments.
The number of respondents has decreased from 53 to 41, based on new information on the
number of Virginia pound net licensees. NOTE: the cost did not change, only appeared to
decrease by $173 based on rounding off of cost when migrating last version into ROCIS.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results of this information collection are not anticipated to 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.
This item is not applicable to this information collection request.

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18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
This item is not applicable to this information collection request.
B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This information collection request does not employ statistical methods.

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