In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2015
36 Months From Approved
08/31/2015
122,848
0
122,848
10,235
0
10,235
6,755
0
6,755
Gear-marking requirements assist National Marine Fisheries Service (NMFS) in obtaining detailed information about which fisheries or specific parts of fishing gear are responsible for the incidental mortality and serious injury of right, humpback, and fin whales. Generally, only a portion of gear is recovered from an entangled whale and it is almost impossible to link that portion of gear to a particular fishery. Therefore, requiring fishermen to mark surface buoys and the buoy line provides NMFS with an additional source of information, which could then be used to determine the gear responsible for and the location of the entanglement event. The following fisheries are affected by this information collection: Northeast and Mid-Atlantic lobster trap/pot fisheries; Atlantic blue crab trap/pot fisheries; Atlantic mixed species trap/pot fisheries targeting crab (red, Jonah, and rock), hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish, and white hake), conch/whelk, and shrimp; Northeast anchored gillnet; Northeast drift gillnet; Mid-Atlantic gillnet; Southeast Atlantic gillnet; and Southeastern United States Atlantic shark gillnet. A proposed rule will affect the number and size of markings.
US Code:
16 USC 31
Name of Law: Marine Mammal Protection Act of 1972
The current gear marking strategy (implemented in 1997) is inadequate and should be improved. From 1997-2008 there were 364 large whale entanglement events. Gear was retrieved in 129 of these cases; of the cases where gear was retrieved, gear marking led to 36 cases where fishery, location, and date were known. A stronger gear marking strategy would help answer questions such as when and where entanglements occur. Current regulations require one 4" colored mark midway along the buoy line and surface buoys to identify the vessel or fishery. Colors correspond to specific ALWTRP management areas.
The proposed gear marking scheme would maintain the current color combinations but increase the size and frequency of the mark. The new mark must equal 12" in length and buoy lines must be marked three times (top, middle, bottom). Affected vessels would increase by 1,873. The annual responses and burden for the preferred alternative, including proposed closures and exemptions, would increase by 1,103,283, the hours by 91,943 and the annual cost by $60,682.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
0364 BC90 supporting statement 042413 rev.doc
Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan