0648-0361 Supporting Statement A

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

West Coast Region Highly Migratory Species

Vessel Identification Requirements

OMB Control No. 0648-0361

Abstract

This request is for extension of this information collection West Coast Region Highly Migratory Species Vessel Identification Requirements.

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The success of fisheries management programs depends significantly on tracking catch and effort of participants as well as their history of regulatory compliance. The vessel identification requirement is essential to facilitate these objectives. The ability to link fishing or other activity to the vessel owner or operator is crucial to enforcement of the regulations issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Act to govern domestic and foreign fishing, and under authority of laws implementing international treaties.

In accordance with section 50 CFR Part 660.704, official vessel numbers must be of a specific size and format and located at specified locations. The official number must be affixed to each vessel n block Arabic numerals at least 10 inches (25.40 centimeters) in height for vessels more than 25 feet (7.62 meters) but equal to or less than 65 feet (19.81 meters) in length; and 18 inches (45.72 centimeters) in height for vessels longer than 65 feet (19.81 meters) in length. Markings must be legible and of a color that contrasts with the background. The display of the identifying number aids in fishery law enforcement.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

In the domestic West Coast Region fisheries regulated under 50 CFR Part 660, the vessel's official number, United State Coast Guard (USCG) documentation or state registration number, is required to be displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck. The number identifies each vessel and should be visible at distances at sea and in the air. The requirements affect United States (U.S.) vessels participating in the West Coast Highly Migratory Species (HMS) fisheries and West Coast coastal pelagic fishing vessels, with the exception of HMS Charter Recreational Vessels for which an exemption was granted and became effective September 5, 2007. Charter vessels are not bound by the vessel marking requirements under consideration.

The identification number provides law enforcement personnel with a means to monitor fishing, at-sea processing, and other related activities, in order to ascertain whether the vessel's observed activities are in accordance with those authorized for that vessel. The identifying number is used by the National Marine Fisheries Service (NMFS), the USCG, and other marine agencies in issuing citations, prosecutions, and other enforcement actions. Vessels that qualify for specific fisheries are easily identified, and this allows for more cost-effective enforcement. Cooperating fishermen also use this number to report suspicious activities that they observe. Regulation-compliant fishermen ultimately benefit as unauthorized and illegal, unreported, and unregulated (IUU) fishing is deterred and more burdensome regulations are avoided.

Although the information collected (vessel identification number) is not confidential, it will not be disseminated to the public. The information is strictly for enforcement purpose or used internally by National Oceanic and Atmospheric Administration (NOAA) NMFS in situations involving damage, loss, and civil proceedings.

Information Requirements and Needs and Uses of Information Collected

Item #	Requirement	Statute	Regulation	Form #	Needs and Uses
1	Vessel Identification	316 U.S.C. § 1801	50 CFR 660.704	NA	Used by the NMFS, Coast Guard, and other enforcement agencies to identify vessels

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

The requirement that each vessel display an identification number on its deckhouse or hull, and its weather deck, does not lend itself to collection via forms of information technology. Transponders and vessel monitoring system units are comparatively expensive and their signals cannot be accessed directly by the USCG in the air or by its vessels at this time. No other technology appears to be less costly and still capable of providing the necessary information to support enforcement.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2

There is no duplication with other collections. The USCG requires that the name of the vessel be marked on its hull, and this requirement fulfills the USCG requirement.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

All of the vessels are categorized as small businesses. The collection of information will not have a significant impact on these small businesses, and no special modifications of the requirements were considered necessary to accommodate the needs of these small businesses.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

NMFS and the USCG could not enforce the fisheries management measures if the collection is not conducted or is conducted less frequently.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

No special circumstances require the collection to be conducted in a manner inconsistent with the OMB guidelines.

.

8. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A Federal Register Notice (FRN) published on June 3, 2020 (85 FR 34181) solicited public comment.

NMFS asked for comments from Pacific Highly Migratory Species Permit holders. 8 public comments were received in regards to this request: 7 were “no comment” and 1 was a comment that was not related to this collection (all had been asked the same list of questions from the FRN).

No comments were received that addressed (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques of other forms of information technology.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payments or gifts are provided.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

There is no assurance of confidentiality provided. This is public information.

There is no SORN or PIA associated with this information collection.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no sensitive questions asked.

12. Provide estimates of the hour burden of the collection of information.

Information Collection	Type of Respondent (e.g., Occupational Title)	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Burden Hrs / Response (d)	Total Annual Burden Hrs (e) = (c) x (d)	Hourly Wage Rate (for Type of Respondent) (f)	Total Annual Wage Burden Costs (g) = (e) x (f)
Highly Migratory Species (non-purse seine less than 400mt)	Fishermen	1681	1	1681	45 min	1,260.75 hours	$25.25	$31,833
Purse seine vessels over 400mt	Fishermen	19	1	19	75 min	23.75 hours	$25.25	$600
Totals				1700		1,284.5		$32,433

*BLS’s Occupational Outlook Handbook – was consulted to determine the median hourly wage rate for fishermen https://www.bls.gov/bls/blswage.htm

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

Information Collection	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Cost Burden / Respondent (h)	Total Annual Cost Burden (i) = (c) x (h)
Highly Migratory Species (non-purse seine less than 400mt)	1	1	1	$32	$32
Purse seine over 400mt	1	1	1	$48	$48
TOTALS	2	2	2	$80	$80

*There are no capital costs or operating and maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

Cost Descriptions	Grade/Step	Loaded Salary /Cost	% of Effort	Fringe (if Applicable)	Total Cost to Government
Federal Administration	ZP-II	$65,881	01%		$659
Other Federal Positions
Contractor Cost
Travel
Other Costs:
TOTAL					$659

15. Explain the reasons for any program changes or adjustments reported in ROCIS.

Information Collection	Respondents		Responses		Burden Hours		Reason for change or adjustment
	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision
West Coast Region Vessel Identification Requirements	0	850	0	850	0	644	This IC was removed and broken out into the different purse seine vessels listed below in order to more accurately account for the burden.
Highly Migratory Species (non-purse seine less than 400mt)	1681	0	1681	0	1,260.75	0	Adjustments - Adjusted burden hours to be consistent with 0648-0492 vessel marking estimate
Purse seine over 400mt	19	0	19	0	23.75	0	Adjustments - Adjusted the fleet size to reflect the 2020 fleet to be consistent with 0648-0148. Adjusted burden hours to be consistent with 0648-0492 vessel marking estimate.
Total for Collection	1700	850	1700	850	1,284.5	644
Difference	850		850		641 hours

Information Collection	Labor Costs		Miscellaneous Costs		Reason for change or adjustment
	Current	Previous	Current	Previous
West Coast Region Vessel Identification Requirements	0	Not previously calculated	$0	$27,400	This IC was removed and broken out into the different purse seine vessels listed below in order to more accurately account for the burden.
Highly Migratory Species (non-purse seine less than 400mt)	$31,833	NA	$32	0	Adjustment – The previous collection estimated that all vessels would paint/vinyl new markings every 2 years.
Purse seine over 400mt	$600	NA	$48	0	Adjustment – The previous collection estimated that all vessels would paint/vinyl new markings every 2 years.
Total for Collection	$2,433	NA	$80	$27,400
Difference	$2,433		-$27,320

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

No results are published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

No document exists to display the OMB expiration date for OMB approval of the information collection.

18. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions."

Certification Statement for Paperwork Reduction Act Submissions

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).