Justification for change

JUSTIFICATION FOR CHANGE

ALASKA LICENSE LIMITATION PROGRAM FOR GROUNDFISH, CRAB, AND SCALLOPS

OMB CONTROL NO. 0648-0334

JUSTIFICATION: This action removes three forms from this collection, which are now included in OMB Control No. 0648-0665 [associated rule: RIN 0648- BB94 (78 FR 33243), published 6/4/2013].

The intended effect of the License Limitation Program (LLP) is to limit the number of participants and reduce fishing capacity in Federally managed fisheries off Alaska. One of the measures used to limit access to the groundfish, crab, and scallop fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA).

The License Limitation Program (LLP) authorizes CQEs for eligible communities to request non-trawl gear groundfish LLP licenses endorsed for Pacific cod in the central or western Gulf of Alaska. Residency and other requirements exist for community LLP Users, and the CQEs have an annual reporting requirement on permit use.

a. Application for a CQE to Receive a Non-trawl Groundfish LLP License [moved to OMB Control No. 0648-0665]

There are 45 communities eligible under the CQE Program, located in the Western and Central Gulf of Alaska (GOA) management areas, including West Yakutat. Under the Federal LLP, the Central GOA endorsement area also authorizes vessels to fish in the West Yakutat management area, and communities located in this area are also included in this discussion.

A CQE may apply for and may receive a maximum amount of groundfish LLP licenses designated in the regulatory area specified for a community. Each CQE that is approved by NMFS may apply to receive groundfish licenses on behalf of the communities that the CQE is designated to represent.

Application for a CQE to receive a Non-trawl groundfish LLP license, Respondent
Total respondents 50 Central GOA LLP licenses 21 Western GOA LLP licenses Total responses = 1 Frequency of response = Initial application Total burden hours Time per response = 20 hr Total personnel cost ($25 x 160) Total miscellaneous costs (7.60) Postage (0.45 x8 = 3.60 Copying (0.05 x 10 pp x 8 = 4.00)	8 8 160 hr $4,000 $8

b. Community Quota Entity (CQE) Annual Report [moved to OMB Control No. 0648-0665]

CQE annual reports must be submitted to NMFS and the governing body of the community that the CQE represents. These annual reports serve as a means of tracking the progress of the CQEs that have received LLP licenses and to assess whether the issuance of LLP licenses is meeting the overall goal of providing its residents access to the Pacific cod resource. The Council requested that the CQE provide information in its annual reports describing the use of LLP licenses during a calendar year.

A CQE may combine information about all its holdings (charter halibut permit, IFQ, and LLP) for one community for a calendar year. A CQE is not required to submit an annual report for any calendar year in which it did not hold any community charter halibut permits, IFQ, or LLPs.

CQE Annual Report, Respondent
Estimated number of respondents Total annual responses Response per respondent = 1 Total burden hours Time per response = 40 hr Total personnel cost = $25/hr Total miscellaneous costs (22.80) Photocopy (10 pp x .05 x 24 = 12) Postage (0.45 x 24= 10.80)	24 24 960 hr $24,000 $23

c. CQE LLP Authorization letter [moved to OMB Control No. 0648-0665]

The LLP is issued to the CQE and the CQE designates the vessel to which the LLP license is assigned. Prior to requesting an LLP, the CQE shall provide NMFS with a detailed plan for soliciting and determining recipients of the CQE permit.

Upon receipt of the LLPs from NMFS, the CQE shall determine who may use the LLP license and provide them with a letter of authorization. The LLP license issued cannot designate more than one vessel per LLP per calendar year. The CQE must provide an authorization letter assigning each community LLP to a specific vessel and designating the vessel operator. The person specified for an LLP groundfish license in an annual CQE authorization letter must be onboard the vessel during directed fishing. The CQE must send a copy of each letter to NMFS, and must maintain a copy.

The residency requirements for a vessel operator using a CQE license ensures that residents of a specific community actively participate in the Pacific cod fishery consistent with the overall goal the Council established for CQE LLP licenses.

The authorization letter would require that the CQE attest to individuals’ residency, but would not require individuals to submit proof of residency to NMFS in order to use the LLP license issued to the CQE. This approach would reduce potential administrative burdens on NMFS that could be required to determine the residency of a specific person. In many cases, particularly in smaller communities, the representatives of CQEs are likely to have specific local knowledge that can be used to assess a person’s claim of residency in a particular community.

As part of the authorization letter, NMFS requires that the CQE attest that the authorized representative using a groundfish license issued to a CQE:

♦ Is a citizen of the United States;

♦ Has maintained a domicile in a CQE community in the Central GOA or Western GOA eligible to receive an LLP license endorsed for Pacific cod for the 12 consecutive months immediately preceding the time when the assertion of residence is made; and

♦ Is not claiming residency in another community, state, territory, or country, except that residents of the Village of Seldovia shall be considered to be eligible community residents of the City of Seldovia for the purposes of eligibility to serve as an authorized vessel operator.

CQE Letter of authorization, Respondent
Total respondents Total responses = 1 Frequency of response = 1 Total burden hours Time per response = 1 hr Total personnel cost ($25 x 24) Total miscellaneous costs (11.76) Postage (0.44 x 24 = 10.56 ) Photocopy (0.05 x 1 pp x 24 = 1.20)	24 24 24 hr $600 12

For OMB Control No. 0648-0334 before change: estimated total unique respondents 172, estimated total responses 204, estimated total burden 1,418 hours, and estimated total miscellaneous costs $ 2,012.

For OMB Control No. 0648-0334 after change: estimated total unique respondents 148, estimated total responses 148, estimated total burden 274 hours, and estimated total miscellaneous costs $ 1,969.

This change will result in 24 fewer respondents, 56 fewer responses, 1,144 fewer hours, and

$43 less in miscellaneous costs.

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