0192 SS 100610 rev

SUPPORTING STATEMENT
STATEMENT OF FINANCIAL INTERESTS
REGIONAL FISHERY MANAGEMENT COUNCILS
OMB CONTROL NO. 0648-0192

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
authorizes the establishment of Regional Fishery Management Councils (FRMC) to exercise
sound judgment in the stewardship of fishery resources through the preparation, monitoring, and
revision of fishery management plans under circumstances (a) which will enable the States, the
fishing industry, consumers, environmental organizations, and other interested persons to
participate in the development of such plans, and (b) which take into account the social and
economic needs of fishermen and dependent communities.
Section 302(j) of the Magnuson-Stevens Act requires that Council members appointed by the
Secretary, Scientific and Statistical Committee (SSC) members appointed by a Council, or
individuals nominated by the Governor of a State for possible appointment as a Council member,
disclose their financial interest in any Council fishery. These interests include harvesting,
processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within
any fishery over which the Council concerned has jurisdiction.
The information required to be reported must be disclosed on NOAA Form 88-195, “Statement
of Financial Interests,” or such other form as the Secretary may prescribe.
This request is a renewal of this information collection. The information collection will need to
expire no later than October 31, 2013, in order to be included in the packages to the governors
which go out annually in January requesting nominations. Also, Council and SSC members are
required to update their forms annually by February 1, according to requirements. With Council
meetings for the year usually ending by the end of October or beginning of November, the
October 31 expiration date has always worked best, given the scheduling of the above-described
events. We realize that the renewal request will not be approved sooner than December, 2010;
this was the case in 2008, but per our request, we received the October expiration date.
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 is intended to inform the Secretary of Commerce (Secretary) and the public of
potential and appointed members’ conflicts of interest. Seated Council members appointed by
the Secretary, including the Tribal Government appointee, as well as SSC members appointed by
the Councils, must file a financial interest form within 45 days of taking office, must file an
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annual disclosure by February 1, and must file an update of their statements within 30 days of the
time any such financial interest is acquired or substantially changed. The information is also
intended to inform the Secretary of potential SSC members’ conflicts of interest.
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. 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.
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.
Use of automated technology has not been deemed to offer the opportunity to substantially
reduce collection of information burden on the respondents. An original signature is required.
4. Describe efforts to identify duplication.
There is no duplication. Information being collected is specific and relevant only to the Regional
Fishery Management Councils and SSCs.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
NA.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Failure to collect this information would increase the risk of SSC and Council members violating
the Magnuson-Stevens Act and other conflict of interest laws by voting on Council decisions that
would have a significant and predictable effect on any of their financial interests.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection is consistent with OMB guidelines.

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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 April 21, 2010 (75 FR 20810) solicited public comment
on this renewal. No comments addressing the information collection requirements were
received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be made to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
As stated on the interest disclosure form, financial statements completed by Council members
appointed by the Secretary will be kept on file by the Council and the Secretary, and made
available on Council Internet sites and for public inspection at the Council offices during
reasonable hours, and at each public hearing or public meeting. Financial statements completed
by SSC members will be kept on file by the Secretary.
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.
Estimate in hours of the burden of the collection of information:
Number of respondents = 330
Frequency of responses = yearly
Total number of responses expected = 330
Average response time per respondent = 35 minutes
Total annual response time = 193 hours

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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).
Annualized cost per respondent are estimated at $.78 ($.45 for postage + $.33 for copying).
Based on 330 total responses, this equates to $257.40.
14. Provide estimates of annualized cost to the Federal government.
Staff time to process x salary of processor =$19/hour x 30 hours = $570.
15. Explain the reasons for any program changes or adjustments..
The burden hours have been adjusted, as there are two fewer respondents estimated per year.
There is still a small increase in costs, due to the postage rate increase.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results will not 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.
Not Applicable.
18. Explain each exception to the certification statement.
There are no exceptions.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The collection does not use statistical methods.

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