0514 SS051711_final rule submission_rev

SUPPORTING STATEMENT
ALASKA REGION
BERING SEA & ALEUTIAN ISLANDS (BSAI) CRAB PERMITS
OMB CONTROL NO. 0648-0514

INTRODUCTION
National Marine Fisheries Service (NMFS) manages the United States (U.S.) crab fisheries under
the Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands (BSAI) King and
Tanner Crabs. The FMP was prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq., as amended in 2006 (Magnuson-Stevens Act). Regulations implementing the FMP
appear at 50 CFR part 680.
Amendment 37 to the FMP would amend the BSAI Crab Rationalization Program (CR Program)
by establishing a process for specified fishery participants to notify NMFS when the Western
Aleutian Islands golden king crab (Lithodes aequispinus) (WAG) fishery deliveries needs to be
exempt from the West regional designation. Federal regulations at §680.7 require golden king
crab harvested with individual fishing quota (IFQ) with a West regional designation to be
delivered to a processor with West designated individual processor quota (IPQ) in the West
region of the Aleutian Islands. However, reliable shoreside processing capacity is not always
available each season. Amendment 37 is necessary to prevent disruption to the Western Aleutian
Islands golden king crab fishery, while providing for the sustained participation of communities
in the region.
NMFS would exempt West designated IFQ holders and IPQ holders from the prohibitions
against receiving or using WAG IFQ and IPQ outside of the West region at § 680.7(a)(2) and
(a)(4). By removing only the delivery requirements, this action maintains the West region
delivery requirement in all years unless an application is agreed upon by specified participants
and approved by NMFS.
This action is a revision to an existing collection. This action would accommodate an exemption
from existing CR Program regional delivery and processing requirements in the Western
Aleutian Islands golden king crab fishery and would support a rule (RIN 0648-BA11).
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
At its April 2010 meeting, the Council adopted Amendment 37 to the FMP. Amendment 37
permanently addresses the lack of reliable processing capacity in the West region by establishing
a process for QS holders, PQS holders, and the municipalities of Adak and Atka to request that
NMFS exempt the WAG fishery from the West regional delivery requirement. Amendment 37
establishes a means to enhance stability in the fishery, while continuing to promote the sustained
participation of the communities intended to benefit from the West region landing requirement.

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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.
a. WAG exemption application
Amendment 37 to the FMP would establish in regulation provisions for specified participants to
apply for an exemption to the West region delivery requirement that WAG be processed west of
174° W. long. Under this action, eligible participants would contractually agree to complete an
application to NMFS requesting an exemption from the West region landing requirement. Upon
receipt and approval of a completed application, NMFS would exempt all West designated Class
A IFQ from the West region delivery requirements. Such an exemption would enable all West
designated quota share (QS) and processor quota share (PQS) holders to deliver WAG to
processing facilities outside of the West region. This exemption would promote the full
utilization the total allowable catch (TAC) when processing capacity is not available.
The action applies to participants in, and communities affected by, the WAG fishery. The
fishery is a relatively small but lengthy fishery accomplished in extremely remote waters. This
action requires the unanimous approval of all designated signatories to exempt the WAG Class A
IFQ from the West region delivery requirements. NMFS would grant an exemption to the
regional delivery requirement, if all specified parties submit a completed application including
an affidavit affirming that all designated signatories signed a master contract.
Amendment 37 would limit the QS holders, PQS holders, and municipalities necessary to apply
for an exemption from the West region landing requirements. The Council defined the parties
necessary to request an exemption as:
♦ Any person or company that holds in excess of 20 percent of the West designated
WAG QS.
♦ Any person or company that holds in excess of 20 percent of the West designated
WAG PQS.
♦ The municipalities of Adak and Atka.
Participants holding 20 percent or less of either share type would have no direct input into
whether the exemption could be accessed. In selecting the designated signatories, the Council
sought to limit participants to those stakeholders that best meet the intent of this proposed action.
By limiting the number of parties to those substantially invested in the fishery, this proposed
action enables fishery participants to respond quickly to a lack of in-region processing capacity.
The participation criteria recommended by the Council are intended to balance the interest of
WAG fishery QS and PQS holders with the communities intended to benefit from the West
region landing requirement.

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Due to the complexities associated with responding quickly to unforeseen disruption of
processing capacity and the remote nature of the fishery, it may be necessary for authorized
representatives to sign for the person, company, or municipality designated in proposed
regulations as an Eligible Contract Signatory at § 680.4(o)(2)(i). For the Cities of Adak and
Atka the Mayor or City Clerk would probably sign on behalf of the City; however, another
authorized representative could sign on behalf of the City as long as documentation of that
authority is demonstrated on the application. Similarly, all authorized representatives must
clearly identify the eligible contract signatories they are signing on behalf of on the application
and attach documentation supporting that authority.
The applicants must provide information describing how eligible contract signatories meet the
requirements and that all eligible signatories are included on the application. All eligible
signatories, or their authorized representatives, must sign and date an affidavit affirming that all
information provided on the application is true, correct, and complete to the best of his or her
knowledge and belief.
Participation in any application to exempt IFQ and IPQ from the West region delivery
requirement is voluntary, but is necessary to utilize fully the TAC in seasons when in-region
processing facilities cannot meet the capacity requirements of the fishery.
The proposed recordkeeping and reporting requirements are expected to be minimal because all
eligible signatories must work together to apply, thereby sharing the cost of developing and
submitting an application. The time and cost involved in developing and submitting an
application would be less per eligible signatory than it would be if each signatory developed an
application individually.
Upon receiving a completed application through one of the approved methods, NMFS will
process that application within 10 calendar days. Once received by NMFS, the approval process
would include verification that—
♦ Each signatory to the affidavit meets the required criteria proposed at § 680.4(o)(2)(i).
♦ All eligible participants provided written support for the exemption.
♦ All application fields are accurately filled in.
NMFS will not approve applications not meeting these requirements. This program is designed
to be flexible and contains no deadlines for submission or limits on the number of times
applications could be submitted to NMFS. Therefore, if denied, eligible contract signatories
could reapply at any time during a crab fishing year.
To expedite an exemption from the delivery requirements, NMFS would establish the effective
date of the exemption as the date the completed application was received by NMFS (see
§ 680.4(o)(3)). Upon approval of an application, the effective date would be applied
retroactively to the date the application was received to NMFS. Due to the remote geographic
location of the WAG fishery, it may be necessary for IFQ and IPQ holders to arrange alternative

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deliveries and payments with processing facilities east of 174° W. long. prior to the approval
date. The establishment in regulation of a retroactively effective date would allow stakeholders
to prosecute the fishery with minimal disruption.
An exemption from West region delivery requirements is valid only for the remainder of the crab
fishing year during which the application was received by and approved by NMFS.
The application is available on the NMFS Alaska region website at
http://alaskafisheries.noaa.gov. The application must be submitted to NMFS using one of the
following methods:
By mail:

Alaska Regional Administrator, NMFS
c/o Restricted Access Management Program
P.O. Box 21668
Juneau, AK 99802-1668

By fax:

907-586-7354

Or by hand delivery or carrier:
NMFS, Room 713
709 West 9th Street
Juneau, AK 99801
The necessary signatories to apply for an exemption are limited to QS and PSQ holders owning
more than 20 percent of the West designated WAG and the two communities. The exemption, if
approved, would apply to all QS and PSQ holders. However, the ownership percentages can
shift from year to year, so NMFS estimates there are 20 possible eligible signatories but only up
to 10 at any one time.
WAG exemption application, Respondent
Estimated number of respondents
4 QS holders, 4 PSQ holders, and 2 municipalities
Total annual responses
1 response per year
Total burden hours @ 2 hr
Total personnel cost @ $25/hr
Total miscellaneous cost (44.26)
Mail (0.88 x 2 = 1.76)
Fax $5 x 8 = $40
Photocopy (5 pages x 0.05 x 10 = 2.50)

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10
10
20 hr
$500
$44

WAG exemption application Federal Government
Total annual responses
Total burden hours @ 1 hr
Total personnel cost @ $25
Total miscellaneous costs

10
10 hr
$250
0

b. Appeal
The evaluation of an application for an annual exemption would require a decision-making
process that would be subject to administrative appeal. Applications that do not meet the
requirements will not be approved; and NMFS would issue an initial administrative
determination (IAD) to indicate the deficiencies and discrepancies in the information or the
evidence submitted in support of the application. NMFS’s IAD would indicate the claims not
approved based on the available information or evidence and would provide information on how
an applicant could appeal an IAD. The appeals process is described under § 679.43.
If a WAG exemption application is denied, eligible contract signatories could reapply at any time
during a crab fishing year. NMFS designed this program to be flexible. No deadlines exist for
submission or limits on the number of times applications could be submitted to NMFS. No
changes in burden are expected, as the appeal provision in the currently approved information
collection is expected to cover any small additional burden.
File an Appeal on NMFS Decisions, Respondent
Number of respondents
Total annual responses
Frequency of response = 1
Total burden hours
Time per response = 4 hr
Total personnel costs ($25 x 32)
Total miscellaneous costs (11.36)
Postage (0.82 x 8 = 6.56)
Photocopy (6 pages x 8 x 0.10 = 4.80)
File an Appeal on NMFS Decisions, Federal Government
Number of responses
Total burden hours
Time per response = 4 hr
Total personnel cost ($75 x 32= 2763.52)
Total miscellaneous costs

8
8
32 hr
$800
$11

8
32 hr
$2,764
0

It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. 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 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 predissemination 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 application may be completed on the computer screen by the participant, downloaded,
printed, and faxed or mailed. NMFS is pursuing an Internet method in the future whereby all of
the information will be entered online and submitted directly and automatically into a database.
4. Describe efforts to identify duplication.
None of the information collected as part of this information collection duplicates other
collections. This information collection is part of a specialized and technical program that is not
like any other.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This action directly regulates certain QS holders, IFQ holders, PQS holders, IPQ holders, the
communities of Adak and Atka, and possibly certain shore-based processors in those two
communities. Based on 2009/2010 records, the WAG fishery has
♦ 15 QS holders, of which 14 are estimated to be small entities.
♦ Three West region IFQ holders, two of which are small entities.
♦ Seven West region PQS holders, of which four are small entities.
♦ Six holders of West region IPQ, three of which are small entities.
Both the communities of Adak and Atka qualify as small entities, as neither has more than
50,000 residents.
This collection of information does not impose a significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
The CR Program established regional designations for crab QS and PQS for most crab fisheries,
and the associated IFQ and IPQ to ensure that communities that were historically active as
processing ports continue to receive socioeconomic benefits from crab deliveries or to encourage
the development of processing capacity in specific isolated communities. To accomplish this,
the CR Program imposes regional delivery requirements to specific geographic regions based on
historic geographic delivery and processing patterns. The WAG fishery is subject to regional
delivery requirements.
In some years, it may not be possible for fishery participants to predict the availability of West
region processing capacity. Therefore, this proposed action provides the flexibility necessary for

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designated parties to request an exemption at any point prior to or during a crab fishing year in
order to fully utilize the TAC in a given year.
If this exemption were not available, the entire West region TAC may be left unharvested.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No special circumstances exist.
8. Provide a copy of 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.
NMFS Alaska Region submitted a proposed rule (RIN 0648-BA11) coincident with this
submission, requesting comments from the public (published February 15, 2011 (76 FR 8700)).
There were NO comments on the information collection requirements, and thus no changes have
been made to them. A final rule is pending publication in the next week to 10 days.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collected is confidential under section 402(b) of the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.) and under NOAA Administrative Order (AO) 216-100, which sets forth
procedures to protect confidentiality of fishery statistics.
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 information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total respondents: 1,920. Estimated total responses: 2,912, up from 2,902. Estimated
total burden: 4,472, up from 4,452 hr. Estimated total personnel costs: $113,050, up from
$112,550.

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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).
Estimated total miscellaneous costs: $12,425, up from $12,381.
14. Provide estimates of annualized cost to the Federal government.
Estimated total responses: 2,686, up from 2,676. Estimated total burden: 791 hr, up from
781 hr. Estimated total personnel costs: $21,765, up from $21,514.
15. Explain the reasons for any program changes or adjustments.
This revision describes a program change. Amendment 37 to the FMP would establish
provisions in 50 CFR part 680 for up to ten annual, specified participants in the Western
Aleutian Islands golden king crab fishery to apply for an exemption to the West region delivery
requirement.
There are no changes to any of the other requirements in this information collection.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results of this collection of information will not be published. Lists of permits by permit
holder are posted on the Alaska Region Web Page.
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.
Not applicable.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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