0566 SS_070910rev

SUPPORTING STATEMENT
REPORTING REQUIREMENTS FOR SEA OTTER INTERACTIONS
WITH THE PACIFIC SARDINE FISHERY; COASTAL PELAGIC SPECIES
FISHERY MANAGEMENT PLAN
OMB CONTROL NO. 0648-0566

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
In accordance with the regulations implementing the Endangered Species Act (ESA), the
National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service
(NMFS) initiated an ESA section 7 consultation with the Department of the Interior’s United
States Fish and Wildlife Service (USFWS) regarding the possible effects of implementing Final
Rule 0648-ATll, published June 29, 2006 (71 FR 36999). This rule codified Amendment 11 to
the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP), developed under the
authority of the Magnuson-Stevens Fishery Conservation and Management Act. USFWS
determined that formal consultation was necessary on the possible effects to the threatened
southern sea otter. USFWS completed a biological opinion (BO) (attached to this request) for
this action and although it was concluded that fishing activities were not likely to jeopardize the
continued existence of the southern sea otter there remained the potential to incidentally take
southern sea otters. USFWS determined that certain measures should be put in place to ensure
the continued protection of the species. The reporting requirements and conservation measures
put forth in Final Rule 0648-AU72, published May 30, 2007 (72 FR 29891), with the
announcement of Office of Management and Budget (OMB) approval of the information
collection requirements in Final Rule 0648-AX31, published October 10, 2008 (73 FR 60191),
stemmed from this BO and are an attempt to provide further conservation efforts for southern sea
otters. The reporting requirements include:
1.

If a southern sea otter is entangled in a net, regardless of whether the animal is injured or
killed, such an occurrence must be reported within 24 hours to the Regional
Administrator, NMFS Southwest Region.

2.

While fishing for CPS, vessel operators must record all observations of otter interactions
(defined as otters within encircled nets or coming into contact with nets or vessels,
including but not limited to entanglement) with their purse seine net(s) or vessel(s). With
the exception of an entanglement, which will be initially reported as described in #1
above, all other observations must be reported within 20 days to the Regional
Administrator.

When contacting NMFS after an interaction, fishermen would be required to provide information
regarding the location (latitude and longitude) of the interaction and a description of the
interaction.
Due to the low number of documented interactions (two) and the small overlap between the
fishery and the distribution of southern sea otters, it is believed that cases as described above are
extremely rare. However, before 2008 no legal requirement for fishermen to report such
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interactions under then current regulations, and with low observer coverage within this fishery,
the true frequency and type of interactions occurring is unknown. The data gathered from this
collection-of-information is valuable in determining whether interactions are as rare as believed
or whether stronger mitigation is necessary to ensure protection for the threatened southern sea
otter. This information will prove valuable to both fishermen and/or the conservation of sea
otters as it will continue to establish a record of the presence or absence of sea otter interactions.
Although no responses have been received over the last three years, the fishing seasons were
extremely truncated due to reduced sardine biomass levels in 2008 and 2009, compared to
previous years when interactions were witnessed, potentially reducing the chance for an
interaction to occur. As it is unknown what effect these reduced fishing seasons have or what the
annual variability in interactions is, the continuance of this collection is important to begin to
answer these questions.
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.
The information gathered from this collection will be used by NMFS and the USFWS to
determine whether further mitigation measures will need to be implemented to ensure the
continued protection of the threatened southern sea otter. Sea otter entanglement interactions
that are reported to NMFS within 24 hours of the occurrence will be examined at that time by
NMFS and USFWS; all other observations will be reviewed on an annual basis.
As explained in the preceding paragraphs, the information gathered has utility. NOAA Fisheries
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 NOAA 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.
Information may be submitted via mail (in instances not involving capture of an otter in a net,
which requires reporting within 24 hours), telephone, fax or e-mail.
4. Describe efforts to identify duplication.
No reporting requirements or other collections are currently gathering the same or similar
information.

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5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
All respondents to this information collection are expected to be small businesses and/or other
small entities. As few responses are expected, the burden is expected to be minimal. In order to
minimize the burden, acceptable methods of submission will be mail, phone, fax, or email.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
This collection is required to meet the terms and conditions put forth by the USFWS, and is
necessary for the fishery to continue in its current state. If this collection is not conducted or is
conducted less frequently there may be risk to the threatened southern sea otter.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
Not Applicable.
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 March 10. 2010 (75 FR 11115) solicited public
comments on this information collection renewal. No comments were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
Neither payments or gifts have been offered.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
No assurance of 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 sensitive questions will be asked.

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12. Provide an estimate in hours of the burden of the collection of information.
The total number of respondents expected annually is 2.
The frequency of response will be once per year.
The average response time per respondent is expected to be 15 minutes or less.
The total hourly burden will be 30 minutes or less, rounded up to 1 hour.
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 #12
above).
The only expected cost to the respondents is the cost associated with contacting NMFS, through
mail, phone, fax, or email. At a maximum cost of $5 per response, the annual cost would be $10.
14. Provide estimates of annualized cost to the Federal government.
There are no estimated costs to the Federal government.
15. Explain the reasons for any program changes or adjustments.
There are no changes.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
There are no plans to publish the results of this collection.
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.
There are no exceptions.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The collection will not employ statistical methods.

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