Fishery Products Subject to Trade Restrictions Pursuant to Certification Under the High Seas Driftnet Fishing (HSDF) Moratorium Protection Act

Forms and Documents

Document Name	Status
Form XXX Proof of Admissibility Form	Modified
0651 revision per AY15_emergency_Justification.docx Supplementary Document	2016-08-16
0651 SS Revision (AY15) 07282016_OIRA.docx Supporting Statement A	2016-08-02

IC Document Collections

IC ID	Document Title	Status
200764	Proof of Admissibility Form	Modified

ICR Details

OMB Control No: 0648-0651	ICR Reference No: 201606-0648-005
Status: Historical Active	Previous ICR Reference No: 201510-0648-009
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Fishery Products Subject to Trade Restrictions Pursuant to Certification Under the High Seas Driftnet Fishing (HSDF) Moratorium Protection Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/17/2016
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/17/2016
	Date Received in OIRA: 06/16/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	6 Months From Approved	12/31/2018
Responses	900	0	600
Time Burden (Hours)	150	0	100
Cost Burden (Dollars)	10	0	10

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Abstract: This information collection is necessary to comply with the Marine Mammal Protection (MMPA) Act 16 U.S.C. 1371 and 1372 and the proposed rule RIN 0648-AY15 to implement these provisions within the regulations of 50 CFR 216.24 Subpart C. The MMPA contains provisions to address the incidental mortality and serious injury of marine mammals in both domestic and foreign commercial fisheries. These regulations would establish standards for evaluating a nation’s regulatory program to reduce marine mammal incidental mortality and serious injury in its fisheries that export to the United States (export fisheries). Under the proposed rule, to import fish and fish products into the United States, a nation’s exporting fisheries must apply for and receive a comparability finding from the Assistant Administrator. The proposed rule establishes procedures that a nation must follow to receive such finding for its export fishery. To receive the finding the nation must provide reasonable proof that it has adopted and is implementing in its export fishery a regulatory program governing the incidental mortality and serious injury of marine mammals in the commercial fishery that is comparable in effectiveness to the U.S. regulatory program. The nation must also provide reasonable proof that it has calculated a bycatch limit for marine mammal stocks that interacts with a fishery whose fish and fish products are exported to the U.S. and that the total incidental mortality and serious injury of marine mammals in these fisheries does not exceed that bycatch limit. The proposed rule also calls for any intermediary nation that exports fish and fish products to the U.S. to prohibit the re-exportation to the U.S. of fish and fish products from any nation’s export fishery that is subject to an import prohibition.

Emergency Justfication: An information collection request was not submitted with the proposed rule. Therefore, this request is approved on an emergency basis with the final rule. Within 6 months, the National Oceanic and Atmospheric Administration must submit a new information collection request and issue the required 60 and 30 day notifications in the Federal Register.

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Authorizing Statute(s): US Code: 16 USC 1826d-k Name of Law: High Seas Driftnet Fishing Protection Moratorium Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-AY15	Final or interim final rulemaking	81 FR 54390	08/15/2016

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Proof of Admissibility	XXX	Certificate of Admissibility

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	900	600	0	300	0	0
Annual Time Burden (Hours)	150	100	0	50	0	0
Annual Cost Burden (Dollars)	10	10	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: An additional 30 respondents add 300 responses and 50 hours.

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Annual Cost to Federal Government: $24,270

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 06/16/2016

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