Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan

Forms and Documents

Document Name	Status
50 CFR § 660.704 - Vessel identification.pdf Supplementary Document	2020-10-22
Supporting Statement A 0648-0364.docx Supporting Statement A	2020-09-16
Remarking Burden - 2019.xlsx Supplementary Document	2020-02-03
Atlantic Large Whale Take Reduction Plan.pdf Supplementary Document	2020-02-03

IC Document Collections

IC ID	Document Title	Status
4371	Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan Instruction	Modified

ICR Details

OMB Control No: 0648-0364	ICR Reference No: 202009-0648-001
Status: Received in OIRA	Previous ICR Reference No: 201912-0648-004
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/31/2020

	Requested	Previously Approved
Expiration Date	07/31/2023	07/31/2023
Responses	558,448	172,584
Time Burden (Hours)	78,183	14,382
Cost Burden (Dollars)	36,473	10,355

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Abstract: Any persons setting trap/pot of gillnet gear to fish commercially in some areas of the Atlantic Ocean are required to paint or otherwise mark their gear with one or two color codes, designating the type of gear and area where the gear is set. The surface buoys of this gear need to be marked to identify the vessel or fishery. These marking requirements apply in the various management areas under the Atlantic Large Whale Take Reduction Plan (ALWTRP), developed under the authority of the Marine Mammal Protection Act. The goal of this collection of information is to enable the National Marine Fisheries Service (NMFS) to reduce injuries and deaths of large whales, especially right whales, due to incidental entanglement in United States commercial fishing gear. In order to develop fair and effective management measures, the Take Reduction Team (Team) requires comprehensive data on when, where, and how fixed gear vessels fish, and where whales become entangled in fishing gear. NMFS is proposing to revise the existing gear marking regulations in Northeast Region Trap/Pot Management Area commercial trap/pot fisheries because increased gear marking is necessary to improve our understanding of where entanglement incidents occur (RIN 648-BJ09). The goal of this revision is to further enable NMFS to reduce injuries and deaths of large whales, especially North Atlantic right whales, due to incidental entanglement in United States commercial fishing gear. In order to develop fair and effective management measures, the Team requires comprehensive data on when, where, and how fixed gear vessels fish, and where whales become entangled in fishing gear.

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Authorizing Statute(s): US Code: 16 USC 31 Name of Law: Marine Mammal Protection Act of 1972
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BJ09	Proposed rulemaking	85 FR 86878	12/31/2020

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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
Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan

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ICR Summary of Burden

	Total Request	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	558,448	172,584	0	385,864	0	0
Annual Time Burden (Hours)	78,183	14,382	0	63,801	0	0
Annual Cost Burden (Dollars)	36,473	10,355	0	26,118	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: NMFS is proposing to revise the existing gear marking regulations in Northeast Region Trap/Pot Management Area commercial trap/pot fisheries because increased gear marking is necessary to improve our understanding of where entanglement incidents occur (RIN 648-BJ09). The gear marking scheme proposed would include the entire Northeast Region from the coast through the EEZ, including waters currently exempted from gear marking requirements and would add state-specific color markings to lobster and crab trap/pot fisheries in the Northeast Region.

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Annual Cost to Federal Government: $2,012

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 12/31/2020

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