0262 ss ren 120209rev

SUPPORTING STATEMENT
INFORMATION FOR SHARE TRANSFER IN THE WRECKFISH FISHERY
OMB CONTROL NO. 0648-0262

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The legislative authority to collect data from the various sectors of the economy that harvest
marine resources in the exclusive economic zone is the Magnuson-Stevens Fishery Conservation
and Management Act (Act). The individual transferable quota (ITQ) system as defined at 50
CFR 622.15 for the wreckfish fishery is based on percentage shares. The size of a person's
percentage share and the available total allowable catch (TAC) determine how many pounds of
wreckfish a shareholder may harvest each year. Percentage shares in the wreckfish fishery are
issued for an indefinite duration and can be sold. Sales of percentage shares are not final until
they have been recorded by the Regional Administrator, Southeast Region, National Marine
Fisheries Service (NMFS).
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.
This submission is to request the extension of the wreckfish share transfer data collection
program. The purpose of this data collection is to provide the information necessary to transfer
ownership of percentage shares. The transfer form is printed on the back of the percentage
shares certificate. With each transfer of ownership, the certificate will be reissued. The
certificate identifies the seller, but the buyer’s name, address, corporate (employer’s) Federal tax
identification number, and telephone number must be provided. The sale price is necessary for
economic analysis. The signatures of buyer, seller, and witness will secure the transaction. If
the party purchasing shares is a shareholder, the share certificate must be surrendered so that it
can be reissued.
It is anticipated that the information collected will be disseminated to the public or used to
support publicly-disseminated information. NMFS will retain control over the information and
safeguard it from improper access, modification, and destruction, consistent with National
Oceanic and Atmospheric Administration (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. 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.

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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 transfer process requires the signatures of buyer, seller and two witnesses. With only four
transfers, it is not cost effective to set up an information technology system to handle this.
4. Describe efforts to identify duplication.
NMFS is confident that it would be aware of similar collections if they existed. The information
proposed to be collected is not being collected elsewhere; therefore, this data collection would
not cause duplication. This is the only program designed to provide the data necessary to
transfer percentage shares.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Because all respondents are considered small businesses, separate requirements based on size of
business have not been developed. Only the minimum data to meet the current and future needs
of NMFS' fisheries management are requested under this collection.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If the collection is not conducted or is conducted less frequently, the Secretary cannot properly
implement the limited access system. This would, in turn, prevent proper management of the
wreckfish fishery as intended by the Council.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
There are no special circumstances that require the collection to be conducted in a manner
inconsistent with Office of Management of the 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 August 5, 2009 (74 FR 39041) solicited public comment
on this data collection. No comments were received.

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9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
There are no payments or other remunerations to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
50 CFR 622.15 requires that the shareholder’s name, address, and number of shares be reported
to the industry. Based on recent court decisions, the Freedom of Information Act serves as the
basis for release of confidential name and address information via a NOAA Internet website for
informational purposes. All other data submitted will be handled as confidential material in
accordance with NOAA Administrative Order 216-100, Protection of Confidential Fishery
Statistics, as stated on the transfer form.
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.
The only question that could be deemed sensitive is the value paid for the shares. Values are
confidential and only released in aggregate form. This information is necessary for economic
analysis for the purpose of managing the ITQ.
12. Provide an estimate in hours of the burden of the collection of information.
The total estimated burden time for this submission is 1 hour. This estimate is based on each of
the four applicants needing an average of 15 minutes to provide the information.
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 only cost associated with completing a transfer is the public mailing cost of $0.44 for a
standard letter. Therefore, the estimated total annual cost to the public is $1.76.
14. Provide estimates of annualized cost to the Federal government.
There will be no cost to the Federal government from this collection.
15. Explain the reasons for any program changes or adjustments.
There are no program changes or adjustments, and therefore no changes in burden hours and
costs. This request represents the continuation of an ongoing program.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results from this collection are not planned for statistical publication.
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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 OMB number will be displayed.
18. Explain each exception to the certification.
There are no exemptions to the certification statement identified in Item 19 of OMB 83-I.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

The collection does not employ statistical methods at present.

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