Justification for change

JUSTIFICATION FOR CHANGE
INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
OMB CONTROL NO. 0648-0387
The National Marine Fisheries Service (NMFS) will publish a final rule (RIN 0648-AY75)
amending regulations under the authority of the Tuna Conventions Act of 1950, to revise the
current United States (U.S.) vessel carrying capacity limit for the purse seine fishery in order to
be consistent with the amount authorized under international resolutions adopted by the InterAmerican Tropical Tuna Commission (IATTC). The purse seine fishery targets tuna species in
the IATTC Convention Area. The rule to implement these tuna conservation measures would
amend the Pacific tuna fisheries regulations at 50 CFR part 300, subpart C.
Under IATTC resolutions, the U.S. has been allocated a total carrying capacity for its purse seine
fleet in the Convention Area of 31,775 cubic meters (m3), or about 27,147 metric tons (mt). This
would allow for a maximum of about 20 large vessels or less, depending on the size of the
individual vessels and the number of small vessels participating in the fishery, to be on the
IATTC Vessel Register and participate in the fishery. However, U.S. regulations currently limit
the carrying capacity to 8,969 mt, or about 10,498 m3. This allows for about seven or eight large
vessels to participate in the fishery. The proposed rule would amend those regulations by (i)
replacing the self-imposed 8,969 mt capacity limit with a 31,775 m3 limit, and (ii) removing the
exemption that allows small purse seine vessels to operate in the IATTC Convention Area and
target tuna without being on the IATTC Vessel Register. These revisions would ensure that the
U.S. is satisfying its obligations under the Tuna Conventions Act while allowing for controlled
operational flexibility for the U.S. industry consistent with the IATTC management framework.
If the proposed rule is adopted, it is possible, although highly unlikely, that the participation in
the purse seine fishery operating in the eastern tropical Pacific Ocean (ETP) could increase
threefold. However, the current capacity limit of 8,969 mt has never been fully utilized since it
was established in 2005, and when excess U.S. capacity has been available in the past, there has
not been a surge to use this capacity. Thus, it is apparent that there has not been a high demand
for additional vessels to enter the fishery and NMFS does not expect there to be a significant
increase in the numbers of vessels applying to be on the IATTC Vessel Register (Vessel
Register), the list of vessels authorized to fish for tuna and tuna-like species in the ETP and thus
required to submit vessel information to NMFS.
In the unlikely event that there was an increase in the number of applicants for ETP vessel
permits due to the increase in the carrying capacity of the fleet, the total estimated burden hours
would increase. In addition, removing the exemption for small vessels may result in an increase
in the number of owners of small purse seine vessels requesting active or inactive status on the
Vessel Register. Thus, it is estimated that there would be a total of 10 respondents who are
owners of purse seine vessels applying for ETP vessel permits (previously the estimate was
three), five respondents who are owners of small purse seine vessels requesting active status
(previously the estimate was one), and five respondents who are owners of small purse seine
vessels requesting inactive status (previously the estimate was one) as a result of this rulemaking.
All other estimates of respondents remain the same, thus the total number of respondents will
increase by 15 (7+4+4).

Respondents (116; previously 101)

Owners/managing owners of large purse seine vessels (applicants for ETP vessel
permits): 10 (previously 3)

Owners/managing owners of small purse seine vessels (requesting active status): 5
(previously 1)

Owners/managing owners of small purse seine vessels (requesting inactive status): 5
(previously 1):
Additional respondents: 15
Additional responses: 15
Additional hours: 7
7 permits applications x 35 minutes = 4 hours, 5 minutes (4 hours)
4 active status requests x 35 minutes = 2 hours, 20 minutes + 4 inactive status requests x
5 minutes = 20 minutes) = 2 hours, 40 minutes (3 hours).
Additional reporting/recordkeeping cost: $38.86 (7 applications and 4 active status requests x
$3.30 ($3.00 fax + $0.30 per photograph) = $36.30; 4 inactive status requests x $0.64 (($0.44
postage; $0.10 per envelope; $0.10 per copy) = $2.56) – total to be rounded up to $39.
The information required for the ETP vessel permit form would not change except for requesting
an additional metric be reported for the well volume carrying capacity if available (i.e., cubic
meters) (see the attached form with the proposed change highlighted). If this estimate is not
provided by the vessel owner, the cubic meters measurement would be estimated by NMFS, so
there would not be any increase in the time burden due to this change. The information required
for owners requesting active or inactive status would not change.